Charles L. Perdue, Jr. v. Sears, Roebuck and Company

WIDENER, Circuit Judge:

Plaintiff, as administrator for the estate of his son, Kevin Barry Perdue, brought this diversity action in the district court alleging that the Sears tires on the Cherry vehicle at the time of the accident in question contributed to his decedent’s death. The district court granted summary judgment for the defendant on the basis of a release given by the plaintiff to the defendant’s alleged joint tortfeasor. Perdue v. Sears, Roebuck & Co., 523 F.Supp. 203 (W.D.Va.1981). Plaintiff appealed, asserting that the district court misinterpreted the applicable Virginia statute.…