Legal Opinion
Campbell v. Ethex Corp.
District Court, W.D. Virginia
Decided February 7, 2006No. 1:05CV00096PublishedCited by 2 opinions
1Opinion of the Court
OPINION
JONES, Chief Judge.
In this products liability case brought under Virginia substantive law, the defendants have moved to dismiss on the ground that the complaint does not allege that notice of the defect in the product was given to the seller. Because I hold that a motion to dismiss is not the proper method of raising this issue, I have orally denied the motion and this opinion more fully explicates my reasons.
The plaintiffs are the co-administrators of the estate of Bertie Helen Dye, deceased. They allege in their Complaint that the deceased suffered a malignant tumor on her thigh…
2Cases cited8 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Valerie Bennett v. Marie SchmidtCourt of Appeals for the Seventh Circuit · 1998
- David D. COLE, Plaintiff-Appellant, v. KELLER INDUSTRIES, INCORPORATED, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1998
- Dudley v. Business Express, Inc.District Court, D. New Hampshire · 1994
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3Cited by2 opinions
- Hoffman v. Daimler Trucks North America, LLCDistrict Court, W.D. Virginia · 2013
- Prince v. Johnson Health Tech Trading, Inc.District Court, W.D. Virginia · 2023