John Suayan Aug. 26, 2016, 3:31pm


MARSHALL – An Upshur County couple’s federal lawsuit claims that the husband sustained an injury to his hand while using their oven to cook dinner.

In court papers filed Aug. 25 in the Marshall Division of the Eastern District of Texas, Gladewater residents Rachel and Dan Spence attribute the event in question to a defect on a Kenmore Elite Dual Fuel Gas Range which was purportedly designed, manufactured, and sold by Sears, Roebuck and Co., Electrolux North America, Inc., and KCD IP, LLC.

Dan Spence used the oven to warm a tray of sandwiches for himself and his wife on the evening of Nov. 8, 2014.

“When the food was warm, he opened the oven door and began to reach into the oven to remove the tray,” the suit says.

“As Mr. Spence reached in, the oven door suddenly sprang up and began to close rapidly. Mr. Spence attempted to pull his hand from the oven to avoid being burned. Mr. Spence was unable to remove his hand from the oven before the door closed and the edge of the stainless steel cover on the front of the oven door caught the side of his right hand and sliced off the skin down to the muscle.”

The complaint further shows that the razor sharp edge of the Kenmore Elite Range caused Dan Spence’s injuries, insinuating the defendants knew the appliance posed a hazard prior.

Consequently, the plaintiffs seek unspecified monetary damages.

They are represented by attorneys Kenneth C. Goolsby of the law firm Boon, Calk, Echols, Coleman & Goolsby, PLLC and Blake C. Erskine of Erskine & McMahon, L.L.P., both in Longview.

Marshall Division of the Eastern District of Texas Case No. 2:16-CV-0943

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