Van Berkel v. Fox Farm and Road MacHinery

MEMORANDUM & ORDER

DEVITT, District Judge.

The principal issue here, occasioned by defendants’ motion for summary judgment and for reimbursement of costs and attorneys fees, is whether plaintiff’s attorney acted within proper professional standards when he instituted this products liability case, and later when he refused to dismiss it upon learning that all the claims were time barred by statutes of limitations.

Plaintiff is a Minnesota farmer who lost his right arm in a farm accident on September 6, 1976 while using a corn chopper manufactured, sold and distributed by defendant foreign…