Legal Opinion
Cole v. Keller Industries, Inc.
District Court, E.D. Virginia
Decided November 18, 1994No. Civ. A. 3:94CV375PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
SPENCER, District Judge.
This product liability case arises out of an accident involving a Keller Model No. 926 six-foot aluminum ladder used by the plaintiff, David Cole (“Cole”). Defendant Keller Industries, Inc. (“Keller”) has moved for summary judgment on the grounds of spoliation of evidence, and failure to provide timely notice of the alleged breach of warranty. For the reasons stated hereinafter, the defendant’s motion is hereby GRANTED, and Plaintiffs case is dismissed in toto.
I
On June 15, 1991, Cole was using a ladder manufactured by the defendant to install a…
2Cases cited8 opinions
- Logan v. Montgomery Ward & Co.Supreme Court of Virginia · 1975
- American Family Insurance v. Village Pontiac-GMC, Inc.Appellate Court of Illinois · 1992
- Graves v. DaleyAppellate Court of Illinois · 1988
- State Farm Fire & Casualty Co. v. FrigidaireDistrict Court, N.D. Illinois · 1992
- Stokes v. L. Geismar, S.A.District Court, E.D. Virginia · 1993
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Aqualon Company v. Mac Equipment, Incorporated, & Third Party and C.W. Nofsinger Company, Third PartyCourt of Appeals for the Third Circuit · 1998
- David D. COLE, Plaintiff-Appellant, v. KELLER INDUSTRIES, INCORPORATED, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1998
- Cherrix v. BraxtonDistrict Court, E.D. Virginia · 2000
- Bay Point Condominium Ass'n v. RML Corp.Virginia Circuit Court · 2002
- Aqualon Company v. MAC Equipment, IncCourt of Appeals for the Fourth Circuit · 1998
2 more not listed; retrieve them via the Exa API.