Elijah Speller &c., et al.,
Appellants,
v.
Sears, Roebuck and Co., et al.,
Respondents,
et al.,
Defendants.
2003 NY Int. 56
In this products liability case, defendants -- a product manufacturer and retailer -- were granted summary judgment dismissing plaintiffs' complaint. Because we conclude that plaintiffs raised a triable issue of fact concerning whether a defective refrigerator caused the fire that resulted in plaintiffs' injuries, we reverse and reinstate the complaint against these defendants.
Plaintiffs' decedent Sandra Speller died in a house
After discovery, defendants Sears and Whirlpool moved for summary judgment seeking dismissal of the complaint. Relying principally on a report issued by the New York City Fire Marshall, defendants rejected the refrigerator as the source of the fire, instead contending that a stovetop grease fire was the cause of the conflagration. Thus, they argued that their product was outside the chain of causation that resulted in plaintiffs' damages.
In opposition to defendants' motion for summary
judgment, plaintiffs submitted excerpts from the depositions of
two experts and an affidavit from a third, as well as other
Supreme Court denied defendants' request for summary judgment, holding that plaintiffs' submissions raised a triable issue of fact as to whether the fire was caused by a defect in the refrigerator. The Appellate Division reversed and granted the motion, dismissing the complaint as against Sears and Whirlpool. The court reasoned that defendants' evidence suggesting an alternative cause of the fire shifted the burden to plaintiffs to come forward with specific evidence of a defect. Characterizing the submissions of plaintiffs' experts as "equivocal," the court concluded that plaintiffs failed to satisfy their burden of proof to withstand summary judgment. This Court granted plaintiffs leave to appeal.
A party injured as a result of a defective product may
seek relief against the product manufacturer or others in the
distribution chain if the defect was a substantial factor in
causing the injury. "A product may be defective when it contains
In this case, plaintiffs' theory was that the wiring in the upper right quadrant of the refrigerator was faulty, causing an electrical fire which then spread to other areas of the kitchen and residence. Because that part of the refrigerator had been consumed in the fire, plaintiffs noted that it was impossible to examine or test the wiring to determine the precise nature of the defect. Thus, plaintiffs sought to prove their claim circumstantially by establishing that the refrigerator caused the house fire and therefore did not perform as intended.
New York has long recognized the viability of this
circumstantial approach in products liability cases. Indeed its
origins can be traced back to Codling v Paglia (, 32 NY2d 330, 337
[1973]), where this Court stated that a plaintiff "is not
required to prove the specific defect" and that "[p]roof of
necessary facts may be circumstantial." In order to proceed in
the absence of evidence identifying a specific flaw, a plaintiff
must prove that the product did not perform as intended and
exclude all other causes for the product's failure that are not
attributable to defendants ( Halloran v Virginia Chems., , 41 NY2d 386, 388 [1977]; see generally Kreindler, New York Law of Torts
"It may be inferred that the harm sustained by the plaintiff was caused by a product defect existing at the time of sale or distribution, without proof of a specific defect, when the incident that harmed the plaintiff: (a) was of a kind that ordinarily occurs as a result of product defect; and
(b) was not, in the particular case, solely the result of causes other than product defect existing at the time of sale or distribution" (Restatement [Third] of Torts: Products Liability § 3 [1998]).
Of course, if a plaintiff's proof is insufficient with respect to either prong of this circumstantial inquiry, a jury may not infer that the harm was caused by a defective product unless plaintiff offers competent evidence identifying a specific flaw ( see Shelden v Hample Equip. Co., , 59 NY2d 618 [1983], affg 89 AD2d 766 [3d Dept 1982]).
Here, in their motion for summary judgment, defendants
focused on the second prong of the circumstantial inquiry,
offering evidence that the injuries were not caused by their
product but by an entirely different instrumentality -- a grease
fire that began on top of the stove. This was the conclusion of
the Fire Marshall who stated during deposition testimony that his
opinion was based on his interpretation of the burn patterns in
the kitchen, his observation that one of the burner knobs on the
stove was in the "on" position, and his conversation with a
resident of the home who apparently advised him that the oven was
In order to withstand summary judgment, plaintiffs were required to come forward with competent evidence excluding the stove as the origin of the fire. To meet that burden, plaintiffs offered three expert opinions: the depositions of an electrical engineer and a fire investigator, and the affidavit of a former Deputy Chief of the New York City Fire Department. Each concluded that the fire originated in the refrigerator and not on the stove.
In his extensive deposition testimony, the electrical
engineer opined that the fire started in the top-right-rear
corner of the refrigerator, an area that housed the air balancing
unit, thermostat, moisture control and light control. He stated
that the wiring in this part of the appliance had been destroyed
in the fire, making it impossible to identify the precise
mechanical failure and, thus, he could only speculate as to the
specific nature of the defect. He testified that the "most
logical probability" was that a bad connection or bad splice to
one of the components in that portion of the unit caused the wire
to become "red hot" and to ignite the adjacent plastic. He
tested the combustibility of the plastic and confirmed that the
"plastic lights up very easily, with a single match" and
continues to burn like candle wax. The engineer observed that
the doors of the refrigerator were "slightly bellied out,"
Plaintiffs' fire investigator similarly opined that the
fire originated in the refrigerator's upper right corner, in part
basing his conclusion on his observations of the scene five days
after the fire and his examination of the appliances. He also
interviewed a witness to the fire. He testified that he
eliminated the stove as the source of the fire after his
examination of that appliance and the cabinets above it.
Contrary to the testimony of the Fire Marshall, he observed that
all of the burner knobs on the stove were in the same position,
either all "off" or all "on." He further examined the burn
patterns, noting that if the blaze had been caused by a grease
fire on the stove, the cabinets directly above would have been
consumed in the fire. Instead, they were merely damaged. He
acknowledged that he did not know exactly how the fire started
inside the refrigerator but indicated he suspected there had been
a poor connection in the wiring that caused the wire to smolder
The former Deputy Chief of the New York City Fire Department asserted in his affidavit that the "fire damage to the area around the refrigerator when compared to that of the stove clearly shows the longer and heavier burn at the refrigerator," indicating the fire originated there. He also stated that he had ruled out all other possible origins of the fire.
Upon review of these expert depositions and affidavit, we conclude that plaintiffs raised a triable question of fact by offering competent evidence which, if credited by the jury, was sufficient to rebut defendants' alternative cause evidence. In other words, based on plaintiffs' proof, a reasonable jury could conclude that plaintiffs excluded all other causes of the fire.
We therefore disagree with the Appellate Division's characterization of plaintiffs' submissions as equivocal. Plaintiffs' experts consistently asserted that the fire originated in the upper right quadrant of the refrigerator and each contended the stove was not the source of the blaze. Both parties supported their positions with detailed, non-conclusory expert depositions and other submissions which explained the bases for the opinions.
Defendants contend that after they came forward with
evidence suggesting an alternative cause of the fire, plaintiffs
were foreclosed from establishing a product defect
Accordingly, the order of the Appellate Division should be reversed, with costs, and the motion of defendants Sears, Roebuck & Company and Whirlpool Corporation for summary judgment denied.
1 This action has been joined with a subrogation action commenced by Prudential Insurance Co., the homeowner's insurer, against Sears and Whirlpool for purposes of trial only. The Prudential action is not before us on this appeal.