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Consumer Law
Consumer Protection
Breach of Express and Implied Warranties

Jeffery Etter, Susan Etter, Paul Kahler, Fran Curtis, and Michelle Curtis, individually, and on behalf of themselves and all others similarly situated v. Thetford Corporation, Norcold Inc., Dyson-Kissner-Moran Corporation, and Does 1 to 50, inclusive

Published: Jun. 18, 2016 | Result Date: Mar. 29, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 8:13-cv-00081-JLS-RNB Settlement –  $36,000,000

Court

USDC Central


Attorneys

Plaintiff

Caleb L.H. Marker
(Zimmerman Reed LLP)

Bradley C. Buhrow

Christopher P. Ridout
(Zimmerman Reed LLP)


Defendant

Melissa A. Horst

Gregory D. Brown
(Burnham Brown APLC)

Robert M. Bodzin
(Gordon & Rees LLP)


Facts

Jeffery Etter, Susan Etter, Paul Kahler, Fran Curtis, and Michelle Curtis filed a class action against Thetford Corp., Norcold Inc., and Dyson-Kissner-Moran Corp., involving refrigerators typically installed in boats and RVs.

Contentions

PLAINTIFFS' CONTENTIONS:
Defendants' refrigerators allegedly contained a safety-related defect in the boiler tubes. The defects allegedly caused the tubes to corrode, which, in turn, caused flammable gases to leak out, increasing the risk of fire. Plaintiffs asserted, among other things, violations of consumer laws and breach of warranty claims.

DEFENDANTS' CONTENTIONS:
Defendants denied any liability.

Result

The parties settled. In the preliminarily approved settlement, Norcold agreed to pay $36 million and offer an extended warranty.


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