Legal Opinion
Simmons v. Gibbs Manufacturing Co.
District Court, N.D. Ohio
Decided March 5, 1959No. Civ. A. 33246PublishedCited by 6 opinions
1Opinion of the Court
WEICK, District Judge.
Plaintiff was a three year old boy who lost the sight of his right eye on November 19, 1955 as a result of its being struck by a part of a toy top which had come apart while he was playing with it in his home.
He originally filed suit in Delaware for personal injuries against the retailer who had sold the top. A summary judgment was there rendered for defendant on the ground that the defect complained of was a latent one for which the seller was not liable. Simmons v. Richardson Variety Stores, Del.Super.1956, 137 A.2d 747.
The present action, in this Court, is for damages…
2Cases cited9 opinions
- Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1948
- Hunter v. Derby Foods, Inc.Court of Appeals for the Second Circuit · 1940
- Gorman v. Murphy Diesel Co.Superior Court of Delaware · 1942
- White Sewing MacHine Co. v. FeiselOhio Court of Appeals · 1927
- Gilbride v. James Leffel & Co.Ohio Court of Appeals · 1942
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Galo Coba v. Ford Motor CoCourt of Appeals for the Third Circuit · 2019
- Vandercook and Son, Inc. v. George F. Thorpe, in His Own Right and for the Use and Benefit of Standard Accident Insurance CompanyCourt of Appeals for the Fifth Circuit · 1963
- Medley v. United StatesDistrict Court, M.D. Alabama · 1979
- Lashley v. Ford Motor CompanyDistrict Court, M.D. Georgia · 1972
- Galo Coba v. Ford Motor CoCourt of Appeals for the Third Circuit · 2019
1 more not listed; retrieve them via the Exa API.