Donald L. Atkins v. Schmutz Manufacturing Company, Incorporated

WINTER, Circuit Judge:

Plaintiff appeals from a summary judgment entered for defendant on the ground that plaintiff’s action was barred by the Virginia statute of limitations. In the limited role that we occupy in the exercise of diversity jurisdiction, we are constrained to agree, and we affirm the judgment.

Plaintiff was injured on June 22, 1961, at South Boston, Virginia, when he became entangled in a machine manufactured and sold by the defendant. His injury necessitated amputation of both of his feet and he spent a long period of time in various hospitals and rehabilitation centers.…