Garman v. Magic Chef, Inc.

Opinion

BEACH, J.

The matters before us are two appeals from summary judgments in favor of defendant-respondent Magic Chef, Inc., manufacturer of a cooking stove.

1

Plaintiffs, appellant and his now deceased wife, purchased a motor home with a propane gas system, including all appliances thereto. About a week after purchase, appellants took the motor home into a service agency. There two leaks at joints in the propane gas system were discovered and repaired. One leak was located at the propane gas tank itself and the other at the hot water tank connection. At the time of repairs a T-joint was replaced. A few days later while at a rest stop, appellant’s wife lit the stove to make soup. Approximately five minutes later an explosion and fire occurred causing damages and personal injury.

The physical circumstances that resulted in the explosion are not in dispute. A copper tube extended from the propane gas tank upwards to a point where it flared out in two directions. One branch of the tubing extended to the gas stove and the other extended to the gas heater. The branch of tubing which extended to the hot water heater separated at its attachment to the T-joint permitting propane gas to leak out and form a pool of flammable vapor. The flame on the stove, when lit by

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appellant’s wife, provided a source of ignition for the leaking gas. Defendant, Magic Chef, respondent here, manufactured the stove.

Appellants filed the two actions against the manufacturer of the motor home, the retail dealer that sold it, the two agencies that serviced and repaired it, the manufacturer of the heater and the manufacturer of the stove (respondent). After American Clipper Corporation, the manufacturer and assembler of the motor home and its propane gas system settled with appellants, the trial court granted the summary judgments in favor of respondent Magic Chef.

Contentions on Appeal:

Appellants contend that there remained the question of whether or not the respondent’s warning and installation instruction accompanying the gas stove manufactured by it were defective. Appellants argue this is a question of fact which could not be resolved by summary judgment. We reject the contentions and we affirm the judgment.