Spangler v. Sears, Roebuck and Co.

ENTRY DENYING PLAINTIFFS’ REQUEST FOR RELIEF FROM ORDER INSTRUCTING PLAINTIFFS TO ELECT WHETHER THEY INTEND TO PURSUE A NEGLIGENT BREACH OF A DUTY TO WARN OR A FRAUDULENT CONCEALMENT THEORY AT TRIAL

TINDER, District Judge.

On December 21, 1990, plaintiffs filed an objection to this court’s order of December 11, 1990, which had required plaintiffs to elect between pursuing a negligent breach of a duty to warn or a fraudulent concealment theory at trial. 752 F.Supp. 1437. Plaintiffs complain that this court’s order required “an election between the claims of negligence and fraud.” Plaintiffs’…