McBRYDE v. AMOCO OIL CO.

No. 13127.

404 A.2d 200 (1979)

Jerry Lee McBRYDE et al., Appellants, v. AMOCO OIL COMPANY et al., Appellees.

District of Columbia Court of Appeals.

Decided July 23, 1979.


Attorney(s) appearing for the Case

Robert H. Reiter, Washington, D. C., for appellants.

Robert E. Higdon, Washington, D. C., for appellees Amoco Oil Co. and American Oil Co.

David F. Grimaldi, Washington, D. C., for appellee Big Four Automotive Equipment Co.

Gilbert E. Tietz, Rockville, Md., for appellee Capital Tire Equipment Co.

Before NEWMAN, Chief Judge, and KERN and MACK, Associate Judges.


PER CURIAM:

Appellants, plaintiffs below, seek to set aside an order of dismissal entered sua sponte by the court in the course of a pretrial conference. The pretrial judge dismissed the case "for failing to state a claim against any of the named defendants which is justiciable." We find this dismissal to be error.

In a complaint for damages (sounding in strict liability, negligence and implied warranty), appellants, husband and wife, alleged that while...

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