Molly English-Bowers Mar. 31, 2016, 4:30pm


EDWARDSVILLE – Two customers who purchased a dishwasher from Sears claim it was broken and caused water damage to their home, but Sears refused to replace the defective product.

Martin Hoover and Cari Hoover filed the suit March 21 in Madison County Circuit Court against Sears Roebuck and Company and Whirlpool Corporation.

On March 22, 2014, the plaintiffs purchased a Kenmore dishwasher, manufactured by Whirlpool, from the Sears outlet store in Fairview Heights, the suit says. The plaintiffs claim they paid an additional fee to have the dishwasher delivered and installed at their home.

However, Sears allegedly failed to deliver and install the dishwasher in a timely manner, according to the complaint. Instead, the plaintiffs transported the dishwasher home and installed it themselves.

In addition, Sears warranted that the dishwasher was fully functional, the suit alleges. But on May 10, 2014, the plaintiffs discovered the dishwasher was defective and asked Sears to either replace or repair it, according to the suit. Sears allegedly denied the request and breached the sales contract.

The plaintiffs allege Sears was negligent because employees damaged the dishwasher while moving it from the truck to the sales floor.

Similarly, Whirlpool negligently manufactured a dishwasher with a design defect., the suit says.

As a result, the plaintiffs claim their home has been damaged by water because of the defective dishwasher.

The plaintiffs seek an excess of $50,000, court costs and other relief the court deems just and proper. They are represented by Michael J. Brunton and Mary M. Stewart of Brunton Law Offices PC in Collinsville.

Madison County Circuit Court case number 16-L-374

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Madison County Circuit Court
157 N Main St
Edwardsville, IL 62025

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