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CUMMINGS BY CUMMINGS v. FISHER-PRICE, INC.

Civ. A. No. 93-0003-H.

857 F.Supp. 502 (1994)

James R. CUMMINGS, III, an infant by James R. CUMMINGS, Jr., his father and Next Friend, and James R. Cummings, Jr., individually, Plaintiffs v. FISHER-PRICE, INC., a Delaware Corporation, since September 17, 1990, formerly a division of The Quaker Foods Company, a New Jersey corporation, Defendant.

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

June 28, 1994.

Attorney(s) appearing for the Case

Martin J. McGetrick, Chandler, Franklin & O'Bryan, Charlottesville, VA, Mary Ann Barnes, Chandler, Franklin & O'Bryan, Harrisonburg, VA, Linda Miller Atkinson, David D. Whitaker, Philo, Atkinson, Steinberg, White, Stephens & Whitaker, Detroit, MI, for plaintiffs.

James W. Morris, III, Morris and Morris, P.C., Richmond, VA, Charles James Williams, III, Lynne Jones Blain, Morris & Morris, P.C., Richmond, VA, Neil A. Goldberg, Brian D. Knauth, Saperston & Day, P.C., Buffalo, NY, for defendant.

MEMORANDUM OPINION

MICHAEL, District Judge.

The court heard argument on Defendant's Motion for Partial Summary Judgment and Sanctions on May 17, 1994. It is the court's determination that further briefing or oral argument is unnecessary. The issue is ripe for resolution and the court will rule on the motion on the basis of the argument and evidence submitted.

I. Factual Background

In 1990 the Cummings child, then five years old,...

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