American General Fire & Casualty v. Wal-Mart Stores, Inc.

MEMORANDUM OPINION.

H. FRANKLIN WATERS, Chief Judge.

This action is before the court on a motion to dismiss or for change of venue and for summary judgment filed on behalf of the defendants, Wal-Mart Stores, Inc., d/b/a “Sam’s Wholesale Club” and Black & Decker (U.S.) Inc.

Plaintiff American General Fire & Casualty filed its complaint in this court on October 24, 1991. The complaint alleges that sometime prior to December 4, 1988 one of plaintiffs policy holders, John Travis, or a member of his household, purchased a Black & Decker Automatic Shutoff Iron, Model No. F410AL, from a Sam’s Wholesale…