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Consumer Law
Product Liability
Fireplaces

Charlene Rotandi and Edhi Rotandi, individually and on behalf of those similarly situated v. Miles Industries Ltd.

Published: Aug. 31, 2013 | Result Date: Aug. 16, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:11-cv-02146-EDL Settlement –  Equitable Agreement

Court

USDC Northern


Attorneys

Plaintiff

Karl Olson
(Cannata, O'Toole, Fickes & Olson LLP)

Michael F. Ram
(Morgan & Morgan)

Hirlye R. Lutz III

Kirk J. Wolden
(Carter Wolden Curtis LLP)

Ernest Cory
(Cory Watson PC)

Clifford L. Carter

F. Jerome Tapley
(Cory Watson PC)


Defendant

Kristen K. Preston

Matthew J. Schleiffarth

Gregory F. Dyer


Facts

Charlene Rotandi and Edhi Rotandi filed a class action against Miles Industries Ltd. concerning the glass-fronted fireplace manufactured and distributed by the defendant. Plaintiffs alleged that Miles Industries failed to provide adequate warning to consumers that the sealed glass front gas fireplace surface was susceptible to reaching very high temperatures, which may cause serious burns to the skin.

Result

Without admitting any liability, Miles Industries agreed to settle the matter by providing free barrier screens for the brand of fireplace under dispute, intended to reduce the risk of burns.


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