United States Second Circuit

In subrogation action seeking to recover sums paid to plaintiffs' respective insureds for covered losses sustained in a residential fire allegedly caused by a defective coffee maker manufactured by defendant, summary judgment for defendant is vacated as there is circumstantial evidence sufficient to allow a jury reasonably to find: 1) that a defect in the coffee maker was the more probable cause of the fire; and 2) that the coffee maker was in substantially the same condition as it was when last in defendant's possession and control, and, thus the district court erred in dismissing plaintiff's breach of warranty and strict products liability claims.

Appellate Information

• Decided 01/05/2007
• Published 01/05/2007

Judges

• HALL, Circuit Judge., Before WALKER, WESLEY, HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Daniel J. Luccaro, Cozen O'Connor, Philadelphia, PA, for Plaintiffs-Appellants.


• For Appellees:
  
• John T. Sartore, Paul, Frank & Collins, P.C., Burlington, VT, for Defendant-Appellee.