Kevin Haffey and Diane Lewis v. Generac Portable Generators
Docket Number: Greene County, Missouri 101CC2316
Judge: The Honorable Henry Westbrooke
Defendant's Trial Attorney: Nick Nagrich, Wallace, Saunders, Austin, Brown & Enochs
Respondent/Defendant's Attorney on Appeal: Warford B. Johnson III
Type of Claim: Product Liability/ fire from generator
Facts: Plaintiffs built a garage/apartment in the woods of the Mark Twain National Forest and was waiting for utility easements to be granted for power to the premises. In the meantime they powered the apartment with a 10,000 watt Generac Portable Generator. The generator was gasoline powered with the gasoline tank situated on top of the generator with a vented fuel cap. The instruction manual warned to leave about an inch of space between the top level of the fuel and the top of the fuel tank. Plaintiffs made inconsistent statements about whether they followed the fueling instructions. On the date of the fire, Plaintiff Haffey stated he "filled" the fuel tank. Later that afternoon, Plaintiff Lewis started the generator. Both Plaintiffs testified that they never saw nor smelled a fuel leak from the fuel tank either on the day of the fire or anytime prior. After having started the generator and going inside the apartment, Plaintiff Lewis and her son realized the generator was on fire and fled the apartment. Shortly after, the entire apartment was engulfed and consumed along with much of their personal property. Plaintiffs' counsel anticipated Defendant's party representative, who was also Defendant's expert, would testify that the source of the fire could have originated at locations other than the generator. Plaintiffs never called Defendant's party representative in their case in chief. Plaintiffs own experts all testified that they could not identify a specific defect with the generator. After Plaintiffs rested, the defense rested without putting on a case in chief.
Damages Alleged: $202,000.00
Demand Before Trial: $130,000.00
Offer Before Trial: $25,000.00
Verdict: For Defendant, affirmed on appeal.
