In Merfeld et al. v. Dometic Corp., Nos. 18-1308 & 18-1364 (8th Cir. October 17, 2019) the plaintiffs filed suit against Dometic, alleging a fire that extensively damaged a storage building and personal property owned by plaintiffs was caused by a defective Dometic refrigerator installed in their RV. The Eighth Circuit affirmed the district court’s grant of summary judgment to Dometic, holding that Dometic was immune from liability under Iowa Code 613.18 because it sold, but did not manufacture, design, or assemble the refrigerator. The trial court determined that Dometic had only sold the refrigerator, while a Swedish company, Dometic AB, was responsible for the design and manufacture.
The plaintiffs presented evidence that defendant?s director of engineering testified that he participated in “designing” the refrigerator, but that only amounted to informing the Swedish company of certain U.S. standards that the product would have to meet. Because there was no evidence suggesting he had anything to do with designing the boiler tube, the component that allegedly caused the fire, the 8th Circuit held that any design input by Dometic was not related. The panel also rejected Merfeld’s argument that Dometic was the “apparent” manufacturer, saying there was no evidence that Merfeld was even aware Dometic had made the refrigerator before the fire, and so, therefore, could not have bought it based on any belief that Dometic made safe products.
Dometic was represented by Kellen B. Bubach and Stacie M. Codr of fellow TAA member Todd Gaffney?s firm, Finley Law Firm of Des Moines, Iowa.