YATES v. PITMAN MFG., INC.

Record No. 981474.

514 S.E.2d 605 (1999)

257 Va. 601

Eddie M. YATES v. PITMAN MANUFACTURING, INC.

Supreme Court of Virginia.

April 16, 1999.


Attorney(s) appearing for the Case

K. Brett Marston (S.D. Roberts Moore; Leisa Kube Ciaffone; Gentry, Locke, Rakes & Moore, on briefs), Roanoke, for appellant.

John L. Tate (W. Kennedy Simpson, Louisville, KY; Robert B. Altizer, Tazewell; Mark C. Shuford, Richmond; Stites & Harbison, Louisville, KY; Gillespie, Hart, Altizer & Whitesell, Tazewell; Wright, Robinson, Osthimer & Tatum, Richmond, on brief), for appellee.

Present: CARRICO, C.J., COMPTON, LACY, HASSELL, KOONTZ and KINSER, JJ., and STEPHENSON, Senior Justice.


STEPHENSON, Senior Justice.

In this products liability personal injury case, we decide whether the trial court erred in holding that the plaintiff, who was not the purchaser of the product, must have given notice of breach of warranty to the product's manufacturer as a prerequisite to recovery for breach of warranty. We also decide whether the trial court erred in striking the plaintiff's express warranty claim.

I

Eddie M. Yates sued Pitman Manufacturing...

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