Legal Opinion
McBryde v. Amoco Oil Co.
District of Columbia Court of Appeals
Decided July 23, 1979No. 13127PublishedCited by 54 opinions
1Per curiam
Appellants, plaintiffs below, seek to set aside an order of dismissal entered sua sponte by the court in the course of a pretrial conference. The pretrial judge dismissed the case “for failing to state a claim against any of the named defendants which is justiciable.” We find this dismissal to be error.
In a complaint for damages (sounding in strict liability, negligence and implied warranty), appellants, husband and wife, alleged that while the husband was in the act of inflating a truck tire on a mechanical tire-changer, the machine exploded striking him in the head and arm and resulting in…
2Cases cited9 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979
- Berman v. Watergate West, Inc.District of Columbia Court of Appeals · 1978
- Owens v. Tiber Island Condominium Ass'nDistrict of Columbia Court of Appeals · 1977
- W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Young Electric Sign Company, a CorporationCourt of Appeals for the Tenth Circuit · 1963
4 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Oparaugo v. WattsDistrict of Columbia Court of Appeals · 2005
- Carl v. Children's HospitalDistrict of Columbia Court of Appeals · 1997
- Executive Sandwich Shoppe, Inc. v. Carr Realty Corp.District of Columbia Court of Appeals · 2000
- Larijani v. Georgetown UniversityDistrict of Columbia Court of Appeals · 2002
- Crowley v. North American Telecommunications Ass'nDistrict of Columbia Court of Appeals · 1997
49 more not listed; retrieve them via the Exa API.