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HILDEBRAND v. SUNBEAM PRODUCTS, INC.

No. 03-1018-JTM.

396 F.Supp.2d 1241 (2005)

B. Dawn McCarver HILDEBRAND, Daughter, Next of Kin and Administrator Ad Litem of the Estate of Louise McCarver, Deceased, B. Dawn McCarver Hildebrand and George S. McCarver, individually, Plaintiffs, v. SUNBEAM PRODUCTS, INC., and American Household, Inc., Defendants.

United States District Court, D. Kansas.

October 11, 2005.

Attorney(s) appearing for the Case

David H. Moses, Case, Moses, Zimmerman & Wilson, P.A., Wichita, KS, George E. McLaughlin, William J. Hansen, McDermott, Hansen & McLaughlin, LLP, Denver, CO, for Plaintiffs.

Stephen T. Moffett, Thomas L. Vitu, Moffett & Dillon PC, Birmingham, MI, Amy M. Decker, Scott R. Schillings, Cozen & O'Connor, Wichita, KS, for Defendants.

MEMORANDUM AND ORDER

MARTEN, District Judge.

This matter comes before the court on the plaintiffs' Motion for Partial Summary Judgment (Dkt. No. 83). After reviewing the parties' arguments, the court grants plaintiffs' motion.

I. FINDINGS OF FACT

Louise McCarver was born April 2, 1923 and, at the time of the fire, was 78 years old. Before the fire, Mrs. McCarver had a preexisting medical history which included two heart...

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