Legal Opinion
Easterly v. Advance Stores Co., Inc.
District Court, E.D. Tennessee
Decided April 15, 1977No. CIV-2-76-10PublishedCited by 4 opinions
1Opinion of the Court
NEESE, District Judge.
This is a diversity action for damages for personal injuries to a 12-year-old child. 28 U.S.C. § 1332(a)(1), (c). Inter alia, the plaintiff claims that the manager of the defendant’s retail store negligently sold a 9-year-old companion of such child a product which bore the warning: “Keep away from children.”
The defendant moved for a dismissal for the.failure of the plaintiff to state a claim on which relief can be granted. Rule 12(b)(6), Federal Rules of Civil Procedure. It relied upon decisions from state courts in other jurisdictions * in which in allegedly analogous…
2Cases cited20 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
- Muncie Aviation Corporation v. Party Doll Fleet, Inc.Court of Appeals for the Fifth Circuit · 1975
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
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3Cited by4 opinions
- Sharon Surles, by Next Friend Jayneice Johnson, Plaintiff-Appellee/cross-Appellant v. Greyhound Lines, Inc., Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 2007
- Cherokee Insurance Company, by and Through David S. Weed v. E.W. Blanch CompanyCourt of Appeals for the Sixth Circuit · 1995
- Biag v. King George - J&J Worldwide Services LLCDistrict Court, S.D. California · 2020
- Surles v. Greyhound Lines IncCourt of Appeals for the Sixth Circuit · 2007