A proposed class action alleging that stainless steel tubing poses a risk of causing fires if struck by lightning is too speculative to proceed, the U.S. Court of Appeals for the First Circuit has ruled.

Plaintiff Tim Kerin appealed the dismissal of his case against Titeflex Corp. over the alleged defect in its corrugated stainless steel tubing, which was installed to provide gas for Kerin’s outdoor firepit at his Florida home. Kerin sought damages under Massachusetts law over the risk that he allegedly overpaid for the tubing or for the cost of remedying the safety issue.

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