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JOHNSON v. GENERAL MOTORS CORPORATION

Civ. A. No. 1797.

243 F.Supp. 694 (1965)

Reece JOHNSON, Plaintiff, v. GENERAL MOTORS CORPORATION, Defendant and Third-Party Plaintiff, v. Don H. SMITH, d/b/a Forest Hills Amaco Service Center, David Warden and Layton Morgan, Third-Party Defendants.

United States District Court E. D. Tennessee, Northeastern Division.

May 6, 1965.

Attorney(s) appearing for the Case

Herbert Silvers and Charles R. Terry, Morristown, Tenn., for plaintiff.

J. H. Doughty, Knoxville, Tenn., for defendant General Motors Corp.

Walter Curtis, Greeneville, Tenn., for third-party defendants.

NEESE, District Judge.

The defendant and third-party plaintiff has made a motion for a summary judgment in its favor herein insofar as (1) the plaintiff's complaint undertakes to predicate his recovery on the theories of a breach of warranty and strict liability without a showing of negligence and (2) the third-party defendants seek to assert the defense of the Tennessee statute of limitations against the cause of action laid in the third-party complaint, T.C.A. sec...

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