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FARISH FOR FARISH v. COURION INDUSTRIES, INC.

Nos. 82-1964, 83-2203.

754 F.2d 1111 (1985)

Dorothy M. FARISH, Guardian for Shirley F. FARISH, Appellant, v. COURION INDUSTRIES, INC. and Otis Elevator Company, Appellees. Nancy L. BLY, Administratrix of Wayne Allen Bly, deceased, Appellant, v. OTIS ELEVATOR COMPANY, a New Jersey Corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 11, 1985.

Rehearing Denied April 22, 1985.

Attorney(s) appearing for the Case

Thomas Wolf, Richmond, Va. (Thomas W. McCandlish, Mezzullo, McCandlish & Framme, Richmond, Va., Paul M. Peatross, Jr., Carter & Peatross, Charlottesville, Va., on brief), for appellant in 82-1964.

Stephen D. Annand, Alexandria, Va. (Cohen, Annand, Dunn & Sinclair; Charles Shepherd Cox, Jr., Alexandria, Va., on brief), for appellant in 83-2203.

Frank N. Cowan, Richmond, Va. (Deborah S. O'Toole; Cowan, Owen & Nance, Richmond, Va., on brief), for appellee in 82-1964.

Jean-Pierre Garnier, Falls Church, Va. (G. Kenneth Miller, May, Miller & Parsons, Richmond, Va., on brief), for appellee in 83-2203.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN and CHAPMAN, Circuit Judges. (En banc).

Rehearing In Banc Denied April 22, 1985.

SPROUSE, Circuit Judge:

Under the law of Virginia prior to 1962 a person injured by a defective product could not maintain an action against the manufacturer for injuries caused by the defect without privity of contract.1 The Virginia legislature abolished this privity requirement in 1962. We decide two separate appeals in Virginia diversity cases that have been consolidated for en banc...

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