Patterson Ex Rel. Patterson v. Her Majesty Industries, Inc.

OPINION

DITTER, District Judge.

This is a diversity suit for personal injuries sustained by minor plaintiff when a pair of pajamas she was wearing caught fire. Presently before the court is the motion of the garment’s manufacturer for summary judgment on the ground that the statute of limitations for plaintiffs’ breach of warranty claim expired before the action was brought. For the reasons hereafter advanced, I find that the statute of limitations began to run on the date of the retail sale to plaintiffs, the suit was timely brought, and the motion must be denied.

1. Factual and Procedural…