Category — Breach of Warranty

Nov. 2, 2011 – The Suffolk Circuit Court recently sustained a demurrer filed by defendant Venture Supply, Inc., a company that sold drywall from China that was used to construct Plaintiffs’ residence.  Seeman v. Oxfordshire, LLC, CL 10-936 (Cir. Ct. City of Suffolk Oct. 12, 2011).  [Read more →]

Oct. 5, 2011 - We all know hunting carries with it some inherent risks.  Buddies may accidentally shoot you.  And sometimes, the animals fight back.  A recent Complaint filed in the Roanoke Division of the Federal District Court for the Western District of Virginia, however, describes an entirely different and unfortunate hazard that allegedly befell the plaintiff/hunter. [Read more →]

July 15, 2011 -  Earlier this week, Judge Jackson of the Eastern District of Virginia, Newport News Division, denied defendant’s Rule 12(b)(6) motion to dismiss plaintiff’s breach of implied warranty of fitness for a particular purpose claim in a case involving an allegedly defective folding shower chair for handicapped persons.  In Baker v. Patterson Medical Supply, Inc., 2011 U.S. Dist. LEXIS 75615 (E.D. Va. July 13, 2011), Baker claims that he sustained serious injuries, including amputation of his left arm, severe emotional distress, and kidney failure, when his left arm became entangled in a folding chair allegedly designed, manufactured, and sold by the defendant. [Read more →]