In December 2004, infant Wade Kliner was killed when his parent's home was destroyed by fire. In December 2006, the child's family filed a lawsuit against Microsoft and Wal-Mart, claiming that the fire was caused by...what else...an overheated Xbox power supply unit, which they had purchased at Wal-Mart. They are seeking $50,000 in damages. This week, Wal-Mart asked for the case to be shifted from the state court to a U.S. District Court in Illinois, which is how it's come across the news desk here at Kotaku Tower.

You'll probably remember that in February 2005, Microsoft issued a recall on 14 million original Xbox power supply units because they were concerned there was a risk of them catching fire. The fire that destroyed the Kliner's home, and killed little Wade, took place in December 2004. Could they have a case, then?

They might have. If they hadn't claimed the fire was caused by an Xbox 360. Which, you know, hadn't been released yet.

A Microsoft representative:

Microsoft recently learned about this tragic incident that occurred in December 2004. Our sympathy is with the family. However, we are not aware of any evidence that an XBox caused the fire. Also, the complaint specifically states that an XBox 360 was involved, but this version of the product was unavailable for purchase at that time.

The death of the Kliner's son was tragic, no doubt. But cases like this? Waste of everyone's time. If you're going to lodge a spurious lawsuit, you can at least get your system release dates right. Luke Plunkett

Lawsuit Claims Microsoft Xbox Sparked Fire That Killed Baby [Information Week, thanks Duophonix!]