Morgan v. Sears, Roebuck and Co.

ORDER

FORRESTER, District Judge.

This products liability action is before the court on the defendant’s motion for summary judgment and on the defendant’s motion to strike several of the plaintiff’s affidavits submitted in opposition to the defendant’s motion for summary judgment. For the reasons discussed below, both of the defendant’s motions will be denied. After a brief discussion of the facts and the plaintiff’s claims, the court will deal with the defendant’s motions in turn.

I. FACTS

The plaintiff was born on January 3, 1967. On May 3, 1970 the plaintiff sustained serious injuries when the…