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MAVITY v. MTD PRODUCTS, INC.

Case No. 1:09 CV 00027.

714 F.Supp.2d 577 (2010)

Rodney F. MAVITY, Plaintiff, v. MTD PRODUCTS, INC., Defendant.

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

June 1, 2010.

Attorney(s) appearing for the Case

Charles H. Smith, III, and William Wirt Brock, IV, Gentry Locke Rakes & Moore, LLP, Roanoke, VA, for Plaintiff.

Christopher A. Corpus, Wegman, Hessler & Vanderburg, Cleveland, OH, and James W. Jennings, Jr., Woods Rogers PLC, Roanoke, VA, for Defendant.

OPINION AND ORDER

JAMES P. JONES, Chief Judge.

In this products liability personal injury case, I will deny the defendant's Motion for Summary Judgment and resolve certain pretrial issues.

I

The plaintiff, Rodney F. Mavity, was seriously injured when the Cub Cadet RZT 50 riding lawn mower that he was operating overturned and landed upside-down on top of him. The mower was manufactured by the defendant MTD Products, Inc. ("MTD") and Mavity...

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