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WILKES v. F.L. SMITHE MACH. CO., INC.

Civ. A. No. 88-0027-R.

704 F.Supp. 680 (1989)

Robin D. WILKES, Plaintiff, v. F.L. SMITHE MACHINE COMPANY, INC., Defendant.

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

February 2, 1989.

Attorney(s) appearing for the Case

Jane S. Glenn, S.D. Roberts Moore, Gentry, Locke, Rakes & Moore, Roanoke, Va., for plaintiff.

W. Fain Rutherford, Woods, Rogers & Hazelgrove, Roanoke, Va., for defendant.

MEMORANDUM OPINION

KISER, District Judge.

This matter is before me on the motion for summary judgment by F.L. Smithe Machine Company, Inc. Smithe Machine contends that Wilkes' claim is barred by the applicable statute of limitations; that Wilkes lacks the requisite privity of contract with the defendant; and that Wilkes' claim for strict liability in tort is not recognized in Virginia. For the reasons stated below, the motion is granted in part and denied...

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