Kershner v. Beloit Corp.

MEMORANDUM OF DECISION ON DEFENDANTS’ MOTIONS TO DISMISS PLAINTIFFS’ CLAIMS OF BREACH OF WARRANTY AND MINOR PLAINTIFF’S CLAIMS FOR LOSS OF CONSORTIUM

GENE CARTER, District Judge.

This matter is before the Court for decision on the issues generated by the defense of Beloit and Black Clawson that Plaintiffs’ Counts II and IV are barred by lack of privity between the Plaintiffs and the Defendants and by the applicable statute of limitations, 14 M.R.S.A. § 752. The parties have agreed that these defenses are to be decided on the written submissions of counsel and the oral arguments made at the…