CAMPBELL v. COLT INDUSTRIES, INC.

Civ. A. No. 72-C-32-R.

349 F.Supp. 166 (1972)

Robert Dexter CAMPBELL, Plaintiff, v. COLT INDUSTRIES, INC., et al., Defendants.

United States District Court, W. D. Virginia, Roanoke Division.

August 24, 1972.


Attorney(s) appearing for the Case

Harvey S. Lutins, Gordon H. Shapiro, Roanoke, Va., for plaintiff.

Richard C. Rakes, Gentry, Locke, Rakes & Moore, Roanoke, Va., for defendants.


RULING ON MOTION TO DISMISS

DALTON, District Judge.

This is a personal injury action based upon negligence and breach of warranty. The plaintiff in the case purchased from defendant, K-Mart Enterprises, a revolver manufactured by defendant, Colt Industries, on or about September 17, 1968. The complaint alleges that the trigger mechanism was defective, thereby causing the gun to discharge on or about February 24, 1970, injuring plaintiff's foot. The present...

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