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BLEVINS v. NEW HOLLAND NORTH AMERICA, INC.

No. 1:99CV00101.

97 F.Supp.2d 747 (2000)

Douglas M. BLEVINS, Plaintiff, v. NEW HOLLAND NORTH AMERICA, INC., Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

Order Denying Reconsideration May 24, 2000.

Attorney(s) appearing for the Case

Mary Lynn Tate, The Tate Law Firm, Abingdon, VA, for Douglas M. Blevins, plaintiff.

Calvin S. Spencer, Jr., McGuire, Woods, Battle & Boothe, Charlottesville, VA, Brickford Y. Brown, Dennis Joseph Whelan, III, McGuire, Woods, Battle & Boothe, LLP, Richmond, VA, for New Holland North America, Inc., defendant.

OPINION AND ORDER

JONES, District Judge.

The question presently before the court in this products liability case is whether a limitation of remedy is unconscionable within the meaning of the Uniform Commercial Code so as not to bar a breach of warranty claim for personal injury to the buyer's employee. Finding that the injured employee has failed to meet his burden to show unconscionability, I grant summary judgment to the defendant as to the plaintiff's...

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