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MARTIN v. SMITH

No. C-C-81-112-M.

534 F.Supp. 804 (1982)

David MARTIN, Administrator of the Estate of Sandra Martin, and J. Ben Morrow, Administrator of the Estate of Michael Edward Garris, Plaintiffs, v. Michael SMITH; Volkswagen of America, Inc., a corporation; VolkswagenWerk, A.G., a/k/a Volkswagenwerk Aktiengesallschaft, a corporation, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

March 30, 1982.

Attorney(s) appearing for the Case

John B. Walters and Thomas T. Downer, Downer, Walters & Mitchner, Charlotte, N. C., and Mark P. Robinson, Robinson, Robinson & Spencer, Newport Beach, Cal., for plaintiffs.

Michael Smith, pro se.

Harry C. Hewson, Jones, Hewson & Woolard, Charlotte, N. C., for defendants.

ORDER

McMILLAN, District Judge.

Plaintiffs allege that they are entitled to recover damages for alleged wrongful deaths by fire of their decedents caused by wrongful operation of one automobile by defendant Michael Smith, and by wrongful design and construction of another automobile by the defendants Volkswagen. Defendants Volkswagen have moved for dismissal and for summary judgment. The question is whether the complaint states valid claims.

Upon...

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