Legal Opinion
Smith v. Allen-Bradley Company
District Court, W.D. Virginia
Decided January 23, 1974No. Civ. A. 72-C-42-LPublishedCited by 43 opinions
1Opinion of the Court
OPINION
TURK, Chief Judge.
This diversity case is before the court on defendants’ motion to dismiss, and the issue presented at this time is whether plaintiff’s cause of action is barred by the statute of limitations.
Plaintiff alleges in his complaint that on or about May 28, 1970, while engaged in the course of his employment for Rubatex Corporation, a “limit switch” malfunctioned causing a Sheridan #34 Die Cutting Press to operate in a faulty manner with the proximate result that both of his hands were crushed to such an extent that they had to be amputated. The “limit switch” had been…
2Cases cited1 opinion
- Wiggins v. Proctor & Schwartz, Inc.District Court, E.D. Virginia · 1971
3Cited by43 opinions
- Klein v. CatalanoMassachusetts Supreme Judicial Court · 1982
- Pacific Indemnity Co. v. Thompson-Yaeger, Inc.Supreme Court of Minnesota · 1977
- St. Paul Fire & Marine Insurance Co. v. Getty Oil Co.Supreme Court of Oklahoma · 1989
- Rose v. Fox Pool Corp.Court of Appeals of Maryland · 1994
- Howell Ex Rel. Howell v. BurkNew Mexico Court of Appeals · 1977
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