Court Victory in Ross Feller Casey’s Exploding Sears Lawnmower Case

View all news posts

A federal judge in a major product liability case litigated by Ross Feller Casey has ruled that a man who suffered third-degree burns when his Sears riding lawnmower exploded can sue the retailer and the engine’s maker for numerous claims, including strict liability and punitive damages.

The tragic incident occurred in May 2013 shortly after Daniel Fassett noticed a sputtering in his Sears Craftsman ZT 7000 zero-turn rear-engine riding mower. Fassett, of Towanda, Pa., drove the mower into his garage, turned it off and lifted the seat. He noticed the fuel tank had expanded. When he began turning the gas cap fuel erupted and doused Fassett and the mower. Both were set on fire. He ran into the yard and began rolling on the grass to extinguish the flames. He was airlifted to Lehigh Valley Hospital and was hospitalized for several months, required several skin grafts and lost his right leg below the knee to amputation.

The suit, among other things, claims the mower was designed, manufactured and sold in a defective manner and that it didn’t include adequate safely devices.

Sears and the maker of the engine, Kohler Co., had sought to have key components of the suit dismissed, including possible punitive damages. But U.S. District Judge Matthew Brann of the Middle District rejected that, and most other defense request in Fassett v. Sears Holdings.

Matt Casey, a founding partner of Ross Feller Casey and the lawyer for the Fassetts, told The Legal Intelligencer that the ruling “permits us to move forward now toward our ultimate goal of having a jury decide Mr. Fassett's case."

"Mr. Fassett is a young man catastrophically injured as a consequence of what we will prove were avoidable defects in his lawn tractor,” added Casey in the front-page story that ran in the nation’s oldest legal journal.

Read The Story Here

Ross Feller Casey, a Philadelphia-based personal injury law firm, is the recognized leader in product liability lawsuits.

Our attorneys have a national reputation for winning record-setting results in all areas of personal injury law, including cases involving defective products. If you or a loved one was injured as a result of negligence on the part of someone else or by a defective product, you should contact one of our experienced product liability attorneys for a free case review.

Read the Story

Learn more about Product Liability.

Disclaimer - Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.

AS SEEN ON

  • NBC
  • CNN
  • ABC
  • CBS
  • AP
  • The Philadelphia Inquirer

Contact us for an initial consultation

If you would like a member of our staff to contact you for a free initial consultation on your case, please complete this form, or call us toll-free at 215-515-4401.

  • Ross Feller Casey, LLP One Liberty Place 1650 Market St, Suite 3450 Philadelphia, PA 19103

    This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

    Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases.

    Copyright © 2016 Ross Feller Casey, LLP. All Rights Reserved.

    Privacy Policy