CHICAGO (Legal Newsline) – A Florida man is suing Sears over claims certain types of its grills are defective.
Terry Barnett, individually and for all others similarly situated, filed a class-action lawsuit Feb. 19 in U.S. District Court for the Northern District of Illinois, Eastern Division against Sears Holdings Corp., alleging breach of express and implied warranties, unjust enrichment and violations of consumer protection statutes in Florida, Illinois, California, Michigan, New Jersey and New York.
The suit states that certain of the defendant's Kenmore-brand grills have a design defect in that the grills' firebox trays that causes them to prematurely rust because of substandard metal in the trays' composition, which can allegedly pose safety risks.
Sears has allegedly acknowledged the design defect but has not issued a proper recall, and repairing the defective grills is allegedly cost prohibitive for the consumer.
Barnett and others in the class seek compensatory and other damages, injunctive relief and attorney fees and costs. They are represented by attorneys Michael J. Flannery, Charles J. LaDuca and William Anderson of Cuneo Gilbert & LaDuca in St. Louis, Bethesda, Maryland and Washington, D.C.; and by attorneys Harris L. Pogust and Andrew J. Sciolla of Pogust Braslow & Millrood in Conshohocken, Pennsylvania.
U.S. District Court for the Northern District of Illinois Eastern Division Case number 1:16-cv-02430