Plyler v. Whirlpool Corp.

Federal 7th Circuit Court
Civil Court
Negligence
Citation
Case Number: 
No. 12-2798
Decision Date: 
May 5, 2014
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed
Record contained sufficient evidence to support jury’s verdict in favor of defendant-manufacturer in plaintiff’s negligence and strict products liability action, where plaintiff alleged that microwave oven manufactured by defendant started fire in plaintiff’s home. While plaintiff produced some evidence that microwave caused fire, jury could nevertheless find in favor of defendant where defendant’s witness testified that microwave posed fire hazard only if heavy food had accumulated in unit and was in operation at time of fire, and plaintiff testified that microwave was both clean and off at time of fire. Moreover, record did not support plaintiff’s claim that defendant negligently failed to give him notice of fire hazard, where defendant presented evidence that it was far more successful in contacting owners of microwave about fire hazard than average recall. Also, Dist. Ct. did not err in refusing to allow plaintiff to give his interpretation as to origins of fire, where plaintiff was no expert witness.