Grubb v. Do It Best Corporation, 230 Ariz. 1

Michael Grubb died from injuries after a propane space heater exploded during installation; Grubb sued DESA, B&D Lumber and Hardware, and Do It Best Corporation (DIB).
DIB, a hardware cooperative, acted as a intermediary rather than as the direct seller; B&D ordered the heater from DESA and DESA shipped it directly to B&D.
The invoice listed DESA as the seller and DIB as the party to bill; DIB billed B&D for items, but did not own or possess the heater.
The trial court granted summary judgment for DIB on indemnity and declaratory relief against DESA, and later on Grubb’s claims, with judgment in favor of DIB under Rule 54(b).
Grubb argued DIB was part of the chain of distribution and therefore strictly liable as a seller under A.R.S. § 12-681, but the court analyzed DIB’s degree of participation in the stream of commerce.
The appellate court affirmatively held that DIB did not participate significantly in the stream of commerce for this heater and thus was not liable as a seller; Grubb’s negligence arguments were waived for lack of cited evidence on duty and breach.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether DIB can be held liable as a seller in product liability	Grubb argues DIB is part of the stream of commerce and thus liable.	DIB did not participate significantly in the stream of commerce and did not own, possess, or control the product.	DIB did not participate significantly; not liable as a seller.
Whether Grubb's negligence claim against DIB survives	DIB owed a duty and breached it by handling packaging and sale.	DIB’s duty and breach were not established; DIB was not a seller for purposes of duty.	Negligence claim waived; no duty/breach proven for DIB.

Antone v. Greater Ariz. Auto Auction, 214 Ariz. 550 (Ariz. 2007) (defines seller participation in stream of commerce for strict liability)
Dillard Department Stores, Inc. v. Associated Merchandising Corp., 162 Ariz. 294 (Ariz. 1989) (broker not strictly liable; factors show lack of participation)
Joseph v. Yenkin Majestic Paint Corp., 661 N.Y.S.2d 728 (N.Y. Sup. Ct. 1997) (drop-ship order insufficient to impose liability on distributor)
State Farm Ins. Cos. v. Premier Manufactured Systems, Inc., 217 Ariz. 222 (Ariz. 2007) (considered joint/several liability and participatory connection)
State Farm Ins. Cos. v. Premier Manufactured Systems, 213 Ariz. 419 (Ariz. 2006) (case on joint/separate liability; not directly about participation here)
Gipson v. Kasey, 214 Ariz. 141 (Ariz. 2007) (establishes four elements of negligence action)
Ontiveros v. Borak, 136 Ariz. 500 (Ariz. 1983) (duty to avoid unreasonable risks)
Nazareno v. Urie, 638 P.2d 671 (Ariz. 1981) (intended to address duties; cited for duty concept)