United States Eighth Circuit

In an action alleging product liability, implied warranty of merchantability, and negligence claims arising from a fire allegedly caused by either an extension cord manufactured by defendant-GE or a lamp manufactured by defendant-Fletcher, summary judgment for defendants is affirmed where: 1) plaintiffs never offered any evidence showing either the intended design of either the extension or lamp cords, or how the manufacturing of the cords departed from the intended product designs; 2) as plaintiffs failed to make a showing sufficient to establish a manufacturing defect in either of the cords, implied warranty of merchantability claims failed; and 3) plaintiffs' alternative theories of the instrument that caused the fire precluded the application of the res ipsa loquitur doctrine, and their general negligence claims failed.

Appellate Information

• Decided 11/06/2007
• Published 11/06/2007

Judges

• RILEY, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Theodore F. Sporer, argued, Des Moines, IA, for appellant.


• For Appellees:
  
• John Thomas Clendenin, argued, Des Moines, IA (Richard J. Sapp, on the brief), for appellee General Elec., Jeff Jeffries, argued, Des Moines, IA, for appellees Frank Fletcher Companies and Cheyenne Industries.