Legal Opinion
Martin v. Smith
District Court, W.D. North Carolina
Decided March 30, 1982No. C-C-81-112-MPublishedCited by 1 opinion
1Opinion of the Court
ORDER
McMILLAN, District Judge.
Plaintiffs allege that they are entitled to recover damages for alleged wrongful deaths by fire of their decedents caused by wrongful operation of one automobile by defendant Michael Smith, and by wrongful design and construction of another automobile by the defendants Volkswagen. Defendants Volkswagen have moved for dismissal and for summary judgment. The question is whether the complaint states valid claims.
Upon a motion for summary judgment or a motion to dismiss for failure to state a claim, the court must accept as true all allegations tending to favor the…
2Cases cited19 opinions
- Ragsdale v. KennedySupreme Court of North Carolina · 1974
- Fred David Wilson, Administrator of the Estate of Michael Glenn Wilson, Deceased v. Ford Motor CompanyCourt of Appeals for the Fourth Circuit · 1981
- Huss v. HussCourt of Appeals of North Carolina · 1976
- Short v. Chapman Ex Rel. RhoneySupreme Court of North Carolina · 1964
- Quality Mercury, Inc. v. Ford Motor CompanyCourt of Appeals for the Eighth Circuit · 1976
14 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ross v. Washington Mutual BankDistrict Court, E.D. North Carolina · 2008