Belcher v. J. H. Fletcher & Co.

MEMORANDUM OPINION AND ORDER

KIDD, District Judge,

This action is before the Court on the motion of third-party defendant, Allied Chemical Corporation, (hereinafter “Allied Chemical”), to dismiss the third-party complaint for failure to state a claim upon which relief can be granted.

Plaintiff, on behalf of her decedent, filed a wrongful death action against defendant J. H. Fletcher & Co., (hereinafter “Fletcher”), in the Circuit Court of McDowell County, alleging that decedent’s death was a direct and proximate result of the defendant’s designing, manufacturing, distributing and selling a…