Madison - St. Clair Record

Thursday, October 17, 2019

Appliance manufacturer seeks to dismiss suit alleging faulty oven ranges

By Heather Isringhausen Gvillo | Aug 31, 2015


An appliance manufacturer seeks to dismiss a lawsuit claiming it was aware that its kitchen equipment had gas leaks but refused to reimburse or replace the alleged faulty oven ranges.

Peerless Premier Appliance Co. filed the lawsuit on June 30 against RobertShaw Controls Co.

According to the complaint, RobertShaw provided oven ranges to the New York City Housing Authority (NYCHA) for housing projects. But when NYCHA tested the equipment, it allegedly detected gas leaks. NYCHA claims it made a complaint to Peerless, saying it was concerned for a risk of explosion. The plaintiff claims it was forced to return at least 1,600 affected ranges to its factory for a solution.

The plaintiff claims it informed the defendant’s representative, Wayne Jensen, of the leakage issues in March 2012 and was told the engineering team would examine the problem. However RobertShaw was allegedly unable to remedy the defect. A RobertShaw director allegedly admitted to the gas leaks on April 28, 2012, but denied the plaintiff’s claim for damages or reimbursement for replacement costs, the suit states.

The plaintiff claims the defendant knew or should have known of the problem and was in breach of warranties under the Uniform Commercial Code.

RobertShaw filed a motion to dismiss on Aug. 7, alleging improper form and failure to allege legally recognizable causes of action.

“Plaintiff claims that defendant breached a contract; however, plaintiff fails to state the dates of the alleged contract, where the contract was entered into, and the terms of the contract that were breached.

“Absent pleading of facts to give rise to a breach by the defendant, plaintiff’s pleading fails to allege sufficient facts to support a breach of contract complaint,” the motion states.

Peerless seeks a judgment in excess of $300,000, plus attorney’s fees and costs.

The plaintiff is represented by Donald Schoemaker and Megha Shah of Greensfelder, Hemker & Gale in Belleville.

The defendant is represented by James L. Hodges of Hennessy & Roach, P.C. in St. Louis.

St. Clair County Circuit Court case number 15-L-381

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