JENKINS v. UNIROYAL, INC.

Civ. A. Nos. 83-0323-F, 85-0330-F.

668 F.Supp. 56 (1987)

Edward JENKINS, Edward Jenkins, Jr., and Josephus Lawrence Tudor, By Their Father and Next Friend, Edward Jenkins, Plaintiffs, v. UNIROYAL, INC., Mayer Pollock Steel Corporation, Defendants. MACHINERY MERCHANTS INTERNATIONAL, INC., Defendant and Third-Party Plaintiff, v. HOLUB IRON AND STEEL COMPANY, Third-Party Defendant. UNIROYAL, INC., Plaintiff, v. MACHINERY MERCHANTS INTERNATIONAL, INC., Defendant.

United States District Court, D. Massachusetts.

August 27, 1987.


Attorney(s) appearing for the Case

Harold Resnic, Springfield, Mass., for Jenkins, Jenkins Jr., and Tudor.

Jeffrey L. McCormick, Robinson Donovan, Springfield, Mass., for Mayer Pollock Steel.

Thomas J. Donoghue, Moriary, Donoghue & Leja, Springfield, Mass., for Machinery Merchants Intern., Inc.

Philip J. Callan, Jr., Doherty, Wallace, Springfield, Mass., for Uniroyal, Inc.


MEMORANDUM AND ORDER

FREEDMAN, Chief Judge.

I. INTRODUCTION

This consolidated case arises out of an accident which occurred on defendant Uniroyal, Inc.'s ("Uniroyal") premises in Chicopee, Massachusetts, when plaintiff, Edward Jenkins, fell from a height of approximately thirty feet while working, removing pipe. In Civil Action No. 83-0323-F, plaintiffs brought suit under 28 U.S.C. § 1332 alleging that defendants' negligence in failing to...

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