Question

Provide a case briefing of Leonard v. Tractor Supply Company et al, No. 2:2014cv00399 - Document 22 (W.D. Pa. 2015)

Answer 1

Melissa Leonard was the plaintiff, and the Tractor Supply Company the defendant. Nature of Suit: Personal Injury and Product Liability.

On March 1, 2012, Plaintiff Melissa Leonard was injured after a porch swing she sat on fell to the ground in the Tractor Supply Company store in Mt. Pleasant, Pennsylvania. The porch swing was on display in the store and was suspended by chains from above.

The plaintiff asserts claim against the defendants for negligence ( count 1 ), strict liability ( count 2 ), product liability ( count 3 ) and warranty( count 4)

According to the defendants, Tractory Supply Company did not manufacture or sell the allegedly defective product, they cannot be held liable under the liability arising from torts.

The court dismissed the motions against the defendant under counts 2,3 and 4, as it was established that Tractor Supply Company was neither the distributor nor seller of the product in question.

However, the court held that the defendant was still guilty on count 1 of tort of negligence, as there was a duty of care on the part of the defendant towards the plaintiff, there was a breach of such duty, and the breach of duty was the proximate cause of the plaintiff's loss, and the loss was a legally recognizable harm. As a result, the court directed the defendant to compensate the plaintiff in damages for negligence.