Smith v. Squire Homes, Inc.

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore MARSH
Citation38 A.D.2d 879,329 N.Y.S.2d 243
Parties, 10 UCC Rep.Serv. 312 Leo SMITH d/b/a Circle Court Mobile Homes, Respondent, v. SQUIRE HOMES, INC. and Lear Siegler, Inc., Appellants. Carlton W. FRUCK and Catherine E. Fruck, Respondents, v. SQUIRE HOMES, INC. and Lear Siegler, Inc., Appellants, Leo Smith, etc., Defendant.
Decision Date25 February 1972

Page 243

329 N.Y.S.2d 243
38 A.D.2d 879, 10 UCC Rep.Serv. 312
Leo SMITH d/b/a Circle Court Mobile Homes, Respondent,
v.
SQUIRE HOMES, INC. and Lear Siegler, Inc., Appellants.
Carlton W. FRUCK and Catherine E. Fruck, Respondents,
v.
SQUIRE HOMES, INC. and Lear Siegler, Inc., Appellants, Leo
Smith, etc., Defendant.
Supreme Court, Appellate Division, Fourth Department.
Feb. 25, 1972.

Page 244

Weaver, Maghran & McCarthy, W. Donn McCarthy, Buffalo, for appellant Squire Homes, Inc.

Miller, Bouvier, O'Connor & Ulsh, Gerald Bouvier, Buffalo, for appellant Lear Siegler, Inc.

Schaus & Schaus, Robert Schaus, Buffalo, for respondent Smith; Joel L. Daniels, Buffalo, on brief of respondent Smith.

Before MARSH, J.P., and GABRIELLI, MOULE, CARDAMONE and HENRY, JJ.

MEMORANDUM.

A mobile home and its contents were totally destroyed by fire in May 1967. As a result, the owner of the mobile home, plaintiff Smith, d/b/a Circle Court Mobile Homes, sued Squire Homes, Inc., the

Page 245

manufacturer, and Lear Siegler, Inc., the maker of the natural gas furnace which came installed in the mobile home, alleging three causes of action against them grounded in (1) negligence, (2) implied warranty, and (3) strict products liability. Carlton and Catherine Fruck, the owners of the personal property, commenced actions in bailment against Smith and in negligence against Smith, Squire Homes, and Lear Siegler. A jury returned a general verdict in favor of Smith and Fruck against Square Homes and Lear Siegler. At the trial the pivotal issue was the proximate cause of the fire.

The plaintiffs introduced evidence to show that the fire started in the gas burner when the gas valve stuck due to an inherent defect in it or because a particle lodged in the valve due to the absence of a sediment trap. To support this theory, plaintiffs offered the testimony of an expert who testified that in his opinion the fire had been caused by a sticking valve becoming overheated, melting and causing a 'runaway' fire. He specifically stated that the melting would occur in a temperature range of four to five hundred degrees and that such a range of temperature could not be achieved unless there occurred a malfunctioning in the thermostat and limit switches. However, there was no evidence whatsoever that these instruments were not functioning. Thus, the opinion offered by the plaintiffs' expert was based on facts which were assumed and which were neither in evidence nor properly inferrable...

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12 practice notes
  • Rupert v. Sellers
    • United States
    • New York Supreme Court Appellate Division
    • 15 Diciembre 1978
    ...187 N.Y.S.2d 1, 159 N.E.2d 348, mot. for rearg. den. 6 N.Y.2d 882; People v. Keough, 276 N.Y. 141, 11 N.E.2d 570; Smith v. Squire Homes, 38 A.D.2d 879, 329 N.Y.S.2d 243). Recently, however, the Court of Appeals in People v. Sugden, 35 N.Y.2d 453, 363 N.Y.S.2d 923, 323 N.E.2d 169, outlined t......
  • In re Joint Eastern & Southern Dist. Asbestos Lit., No. NYAL-PH-8888.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 28 Julio 1992
    ...to cases holding that, when "the precise cause of the accident is left to conjecture" no liability exists, Smith v. Squire Homes, Inc., 38 A.D.2d 879, 329 N.Y.S.2d 243, 245 (4th Dept.1972), is equally inapposite. The fact that the evidence set forth above is circumstantial does not render t......
  • States Steamship Co. v. Stone Manganese Marine, Ltd., Civ. A. No. 432-72.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • 27 Diciembre 1973
    ...of a component part. Although Goldberg is still good law in New York in strict liability and warranty, Smith v. Squire Homes, Inc., 38 A.D.2d 879, 329 N.Y.S.2d 243 (1973), defendant cites no authority from Texas, California, or anywhere else, directly in Although California cases cite Goldb......
  • Gilks v. Olay Co., Inc., No. 97 Civ. 5687(DC).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 28 Diciembre 1998
    ...the direct result of the product[ ]" and that the product was "the sole possible cause" of her injuries); Smith v. Squire Homes, Inc., 38 A.D.2d 879, 329 N.Y.S.2d 243 (4th Dep't 1972) ("When the precise cause of the accident is left to conjecture and may be as reasonably attributed to a con......
  • Request a trial to view additional results
12 cases
  • Rupert v. Sellers
    • United States
    • New York Supreme Court Appellate Division
    • 15 Diciembre 1978
    ...187 N.Y.S.2d 1, 159 N.E.2d 348, mot. for rearg. den. 6 N.Y.2d 882; People v. Keough, 276 N.Y. 141, 11 N.E.2d 570; Smith v. Squire Homes, 38 A.D.2d 879, 329 N.Y.S.2d 243). Recently, however, the Court of Appeals in People v. Sugden, 35 N.Y.2d 453, 363 N.Y.S.2d 923, 323 N.E.2d 169, outlined t......
  • In re Joint Eastern & Southern Dist. Asbestos Lit., No. NYAL-PH-8888.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 28 Julio 1992
    ...to cases holding that, when "the precise cause of the accident is left to conjecture" no liability exists, Smith v. Squire Homes, Inc., 38 A.D.2d 879, 329 N.Y.S.2d 243, 245 (4th Dept.1972), is equally inapposite. The fact that the evidence set forth above is circumstantial does not render t......
  • States Steamship Co. v. Stone Manganese Marine, Ltd., Civ. A. No. 432-72.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. District of New Jersey
    • 27 Diciembre 1973
    ...of a component part. Although Goldberg is still good law in New York in strict liability and warranty, Smith v. Squire Homes, Inc., 38 A.D.2d 879, 329 N.Y.S.2d 243 (1973), defendant cites no authority from Texas, California, or anywhere else, directly in Although California cases cite Goldb......
  • Gilks v. Olay Co., Inc., No. 97 Civ. 5687(DC).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • 28 Diciembre 1998
    ...the direct result of the product[ ]" and that the product was "the sole possible cause" of her injuries); Smith v. Squire Homes, Inc., 38 A.D.2d 879, 329 N.Y.S.2d 243 (4th Dep't 1972) ("When the precise cause of the accident is left to conjecture and may be as reasonably attributed to a con......
  • Request a trial to view additional results

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