Richard v. Reed

RULING

SHAW, Chief Judge.

Now before the court is the motion to dismiss, and in the alternative, motion for summary judgment filed by defendants, Bluffton Agri-Industrial Corporation and Aetna Casualty & Surety Company. Plaintiff, Sheridan Phillip Richard (“Richard”), and intervenor, the Insurance Company of North America, oppose the motion.

Background:

The parties agree that the relevant events took place on the following dates:

10/5/87: Richard allegedly slipped into the conveyor portion of a grain bin system resulting in the amputation of his left leg.

6/1/88: Richard filed suit in state court…