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