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FLEMING EX REL. FLEMING v. WHIRLPOOL CORP.

No. CIV.NO.2001-128 M/B, CIV.NO.2001-145, CIV.NO.2002-221.

301 F.Supp.2d 411 (2004)

G. Vernon FLEMING, as parent and guardian of Gregory Earl FLEMING (minor) and as administrator of the Estate of Leona Rouse (deceased), Plaintiffs, v. WHIRLPOOL CORPORATION, Alvin Turnbull and Ritsia Turnbull, Defendants; Whirlpool Corporation, Third-party Plaintiff, v. Walter Georges, Antilles Gas Corporation, and John Doe, Third-Party Defendants.

District Court of the Virgin Islands, Appellate Division.

January 28, 2004.

Attorney(s) appearing for the Case

Joel Holt, St. Croix, VI, for the plaintiffs.

Garry Garten, St. Thomas, VI, George R. Neuhauser, Atlanta, GA, for the defendant Whirlpool Corporation.

MEMORANDUM

MOORE, District Judge.

I. INTRODUCTION

The plaintiffs filed a wrongful death action against Whirlpool, a gas stove manufacturer, based on product liability and negligence. Fleming v. Whirlpool Corp., Civ. No.2001-145 (D.V.I.).

Whirlpool has moved to dismiss plaintiffs' claims for the pain and suffering of decedent Leona Rouse from the date of her injury until her death, under V.I.Code Ann. tit. 5, § 77. Because these...

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