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PERDUE v. SEARS, ROEBUCK & CO.

No. 81-2035.

694 F.2d 66 (1982)

Charles L. PERDUE, Jr., Appellant, v. SEARS, ROEBUCK AND COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1982.

Attorney(s) appearing for the Case

F. Guthrie Gordon, III, Charlottesville, Va. (Lowe, Gordon, Jacobs & Snook, Charlottesville, Va., on brief), for appellant.

James C. Shannon, Richmond, Va. (May, Miller & Parsons, Richmond, Va., Law Offices of John M. Kenney, Lake Success, N.Y., on brief), for appellee.

Before WIDENER and SPROUSE, Circuit Judges, and KISER, District Judge.

WIDENER, Circuit Judge:

Plaintiff, as administrator for the estate of his son, Kevin Barry Perdue, brought this diversity action in the district court alleging that the Sears tires on the Cherry vehicle at the time of the accident in question contributed to his decedent's death. The district court granted summary judgment for the defendant on the basis of a release given by the plaintiff to the defendant's alleged joint tortfeasor. Perdue v. Sears, Roebuck &...

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