Lowe v. American MacHine & Foundry Co.

Stolz, Judge.

On September 16,1961, the plaintiff cut off his large toe while mowing a steep, wet lawn in his stocking feet. On September 13, 1963, the plaintiff filed suit in the Superior Court of Fulton County, Georgia, against American Machine & Foundry Company (AMF), Sears, Roebuck & Company (Sears) and Kollwood, Inc. (Kollwood). Kollwood was dismissed as a party defendant in the Georgia suit, by the plaintiff voluntarily, on September 21, 1973. The plaintiffs complaint alleged in part that the lawnmower was manufactured by Kollwood or its corporate predecessors; that Kollwood was…