Kendall v. Sears, Roebuck and Co.

MORGAN, Judge.

This appeal involves a judgment1 in the form of an order sustaining respondents’ (plaintiffs’) pretrial motions to dismiss appellants’ (defendants’) counterclaims and overruling appellants’ pretrial motion to disqualify respondents’ counsel.

A bare recital of the facts should be adequate. This suit was instituted in May of 1978, alleging that a minor, Justin Cole Kendall, was injured by a lawnmower manufactured by appellant Roper Corporation, distributed by appellant Sears, Roebuck and Company, and operated by James Kendall, father of the injured minor, who initially brought his…