Geraldine Dufon v. Wilbur Curtis Company, Inc., and Corning Glass Works

Sixth Circuit

Geraldine Dufon v. Wilbur Curtis Company, Inc., and Corning Glass Works

425 F.2d 1294, 1969 U.S. App. LEXIS 10057

CourtCourt of Appeals for the Sixth Circuit

DecidedNovember 13, 1969

Docket19319

StatusPublished

Cited by3 cases

This text of 425 F.2d 1294 (Geraldine Dufon v. Wilbur Curtis Company, Inc., and Corning Glass Works) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Geraldine Dufon v. Wilbur Curtis Company, Inc., and Corning Glass Works, 425 F.2d 1294, 1969 U.S. App. LEXIS 10057 (6th Cir. 1969).

Pincite

Opinion

ORDER

This is a products liability suit against the manufacturer of a coffee pot and the manufacturer of the glass portion of the pot. Jurisdiction is based upon diversity of citizenship. Michigan law controls. Plaintiff, a waitress, was injured *1295 when the coffee pot she was using during her employment broke and spilled scalding water on her. The action is based upon breach of implied warranty.

The District Judge directed a verdict in favor of the defendants. The Court held that there was no proof by plaintiff of any defect in the coffee pot, no evidence of any defect attributable to the manufacturer, and no facts in evidence, other than the fact of the accident itself, from which an inference of a defect reasonably could be drawn. The Court further held that it would be mere conjecture, speculation or guess on the part of the jury to infer that the pot was defective at the time it left the manufacurer. There was no testimony as to the age of the pot and no evidence excluding other possible causes of the breaking.

We agree with the District Judge that the plaintiff introduced insufficient evidence to take this case to the jury and hold that the District Court correctly applied the controlling Michigan law. It is ordered that the judgment of the District Court directing the verdict and dismissing the complaint be and hereby is affirmed.

Entered by order of the Court.

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ORDER

This is a products liability suit against the manufacturer of a coffee pot and the manufacturer of the glass portion of the pot. Jurisdiction is based upon diversity of citizenship. Michigan law controls. Plaintiff, a waitress, was injured *1295 when the coffee pot she was using during her employment broke and spilled scalding water on her. The action is based upon breach of implied warranty.

The District Judge directed a verdict in favor of the defendants. The Court held that there was no proof by plaintiff of any defect in the coffee pot, no evidence of any defect attributable to the manufacturer, and no facts in evidence, other than the fact of the accident itself, from which an inference of a defect reasonably could be drawn. The Court further held that it would be mere conjecture, speculation or guess on the part of the jury to infer that the pot was defective at the time it left the manufacurer. There was no testimony as to the age of the pot and no evidence excluding other possible causes of the breaking.

We agree with the District Judge that the plaintiff introduced insufficient evidence to take this case to the jury and hold that the District Court correctly applied the controlling Michigan law. It is ordered that the judgment of the District Court directing the verdict and dismissing the complaint be and hereby is affirmed.

Entered by order of the Court.

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Bluebook (online)

425 F.2d 1294, 1969 U.S. App. LEXIS 10057, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geraldine-dufon-v-wilbur-curtis-company-inc-and-corning-glass-works-ca6-1969.

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