Product Liability & Toxics Law News

Whirlpool Judgment OK’d in Gas Range Case;
Link to Carbon Monoxide Poisoning Fails

June 5, 2015, 9:09 PM

Whirlpool Corp. was correctly granted summary judgment after two plaintiffs’ experts were barred from offering causation proof linking an allegedly defective KitchenAid gas range to a couple’s carbon monoxide exposure, the Fifth Circuit ruled June 4 in an unpublished decision (Macy v. Whirlpool Corp., 2015 BL 176629, 5th Cir., 14-20603, 6/4/15).

The straightforward ruling by the appeals court stands in contrast to the derisive ruling by Judge Lynn N. Hughes of the U.S. District Court for the Southern District of Texas, who said in granting summary judgment for Whirlpool in 2014 that the plaintiffs “imagined the leak...

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