Johnson v. General Motors Corp.

NEESE, District Judge.

The defendant and third-party plaintiff has made a motion for a summary judgment in its favor herein insofar as (1) the plaintiff’s complaint undertakes to predicate his recovery on the theories of a breach of warranty and strict liability without a showing of negligence and (2) the third-party defendants seek to assert the defense of the Tennessee statute of limitations against the cause of action laid in the third-party complaint, T.C.A. sec. 28-304.

This is an action for personal injuries. Inter alia, the plaintiff pleaded the defendant’s breach of an implied warranty…