Cook v. G.M. Diehl Machine Works

MEMORANDUM OPINION

TURK, Chief Judge.

Plaintiff instituted suit against defendant alleging that the latter was liable for negligence and for breach of warranty in connection with the manufacture and sale of a table saw, which defendant manufactured and sold to plaintiff’s employer, Basset Furniture Company. Basset purchased the machine in 1955. Def. Exh. A. Plaintiff was injured on October 10, 1980, and initiated her lawsuit on March 20, 1981. Defendant has moved for partial summary judgment as to count II of plaintiff’s complaint (Implied Warranty).

The motion must be granted. Pri- or to 1962,…