Martin Hoover and Cari Hoover filed the suit March 21 in Madison County Circuit Court against Sears Roebuck and Company and Whirlpool Corporation.
On March 22, 2014, the plaintiffs purchased a Kenmore dishwasher, manufactured by Whirlpool, from the Sears outlet store in Fairview Heights, the suit says, adding that the plaintiffs paid an additional fee to have the dishwasher delivered and installed at their home.
Despite that, defendant Sears failed to deliver and install the dishwasher in a timely manner, according to the complaint, which says the plaintiffs transported the dishwasher home and installed it themselves.
In addition, Sears warranted that the dishwasher was fully functional, the suit alleges. On May 10, 2014, the plaintiffs discovered the dishwasher was defective and asked Sears to either replace or repair it, according to the suit, which alleges that Sears denied that request and breached the sales contract.
The defendant Sears was negligent, the suit alleges, because employees damaged the dishwasher while moving it from the truck to the sales floor.
Similarly, defendant Whirlpool negligently manufactured a dishwasher with a design defect., the suit says.
The plaintiffs' home has been water damaged because of the defective dishwasher, according to the suit.
The plaintiffs seek an excess of $50,000, court costs and other relief the court deems just and proper. They are represented by Michael J. Brunton and Mary M. Stewart of Brunton Law Offices PC in Collinsville.
Madison County Circuit Court case number 16-L-374