Legal Opinion
Elliston v. Wing Enterprises, Inc.
District Court, D. Massachusetts
Decided November 17, 2015No. Civil Action No. 15-11739-FDSPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON MOTION TO DISMISS
SAYLOR, United States District Judge
This action arises out of injury caused by an allegedly defective folding ladder. The complaint alleges that defendant Wing Enterprises, Inc. designed, produced, and sold the ladder to plaintiff Robert E., Elli-ston, who was injured when the ladder’s leg buckled during use.
Wing has moved to dismiss the complaint for failure to state a claim under Fed. R. Civ. P. 12(b)(6) based on the statute, of limitations.. For the reasons set forth below, the motion, will be denied.
I. Background
Robert Elliston, a Massachusetts…
2Cases cited11 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Erickson v. PardusSupreme Court of the United States · 2007
- Estelle v. GambleSupreme Court of the United States · 1976
- Rogan v. MeninoCourt of Appeals for the First Circuit · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gordon v. Starwood Hotels & Resorts Worldwide, Inc.District Court, D. Massachusetts · 2017
- Mukarker v. City of PhiladelphiaDistrict Court, D. Massachusetts · 2017
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- Holbrook v. Boston Scientific CorporationDistrict Court, D. Massachusetts · 2020
- Mathews v. RodenDistrict Court, D. Massachusetts · 2019