Kelley Ex Rel. Kelley v. Rival Manufacturing Co.

MEMORANDUM OPINION GRANTING MOTION FOR SUMMARY JUDGMENT

BOHANON, District Judge.

I

STATEMENT OF THE CASE

The plaintiffs in this action, Jonathan Kelley, a minor, and his parents, Lora and Billy Jack Kelley, Sr., seek $5.5 million in actual damages and $10 million in punitive damages from the defendant Rival Manufacturing Company (“Rival”) for injuries sustained by Jonathan Kelley, when he caused a Rival Crock-pot slow cooker (“Crock-Pot”) to fall off of a kitchen table and its heated contents spilled on him. Federal jurisdiction is founded upon diversity of citizenship, 28 U.S.C. § 1332, since…