Failor v. Westex Inc.

HESS, J.,

Plaintiffs, John and Kathy Failor, have filed the instant motion to dismiss nine of 16 defendants from their suit in strict liability, negligence and breach of warranty. That suit arises from burn injuries sustained by John Failor while wearing flame-resistant trousers provided by his employer. Plaintiffs, after some discovery, have determined that there is no basis upon which to maintain their claims against nine of the 16 named defendants. In accordance with Pennsylvania Rules of Civil Procedure, Rule 229, plaintiffs have asked leave of this court to discontinue action against…