[Download] "Robert L. Thiele and Doris A. Thiele V." by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: Robert L. Thiele and Doris A. Thiele V.
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 24, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 90 KB
Description
The plaintiffs-appellants, Robert and Doris Thiele, appeal the trial courts grant of summary judgment to the defendant-appellee, Faygo Beverage, Inc. (Faygo).[Footnote 1] Robert Thiele suffered a severe eye injury while handling a case of Faygo pop bottles in the course of his employment as a grocery order worker for the Kroger Company (a chain of grocery stores) in their warehouse in Fort Wayne, Indiana. The Thieles alleged Faygos liability for Roberts injury and Doriss loss of consortium and services in a four count complaint based on negligence, breach of express and implied warranties, the federal Magnuson-Moss Act, and strict liability in tort. Faygos answer to the complaint generally denied the Thieles allegations and asserted the affirmative defenses of contributory negligence, incurred risk, misuse, and failure to state a claim on which relief could be granted. The parties filed and answered interrogatories and submitted supporting affidavits, and Faygo took the deposition of Robert Thiele and submitted it in support of the motion for summary judgment. The trial court granted summary judgment to Faygo as to all four counts of the complaint, and the Thieles appeal, alleging the existence of genuine issues of material fact on each count, rendering the grant of summary judgment erroneous. We affirm in part and reverse in part.[Footnote 2]