Appeals Granted

Case

BETTIE J. PASCHALL, EXECUTRIX OF THE ESTATE OF EARL WAYNE PASCHALL v. DOVER ELEVATOR CO., ET AL.
(Record Number 121519)

From

The Circuit Court of the City of Richmond; M. Hughes, Judge.

Counsel

Mark H. Schmidt, Charles E. Ayers, Jr. (Ayers & Stolte, P.C.) for appellant.

Robert F. Redmond, Jr., Clement D. Carter, Lauren M. Wheeling (Williams Mullen, P.C.); Henry N. Ware, Jr., M. F. Connell Mullins, Jr., Patricia Bugg Turner (Spotts Fain PC); Carl R. Schwertz, Jeffrey S. Poretz (Miles & Stockbridge P.C.) for appellees.

Assignments of Error

1. The trial court erred by sustaining the Elevator Companies’ demurrers to Mrs. Paschall’s count alleging products liability negligence, and dismissing the case - even though Mrs. Paschall sufficiently pleaded all the elements of products liability claims based upon negligent design, manufacture, and failure to warn or instruct.
2. The trial court erred by sustaining the Elevator Companies’ demurrers to Mrs. Paschall’s count alleging breach of implied warranty, and dismissing the case - even though Mrs. Paschall sufficiently pleaded all the elements of that claim.
3. The trial court erred by ruling the Third Amended Complaint failed to state sufficient facts to support Mrs. Paschall’s contention that the Elevator Companies “knew, or had reason to know” of the hazards posed by the asbestos contained in their products to elevator installers and/or maintenance men like Mr. Paschall, sustaining the defendants’ demurrers, and dismissing the case.

Date Granted

  12-17-2012