United States First Circuit

In a diversity action alleging manufacturing defect, district court's grant of summary judgment for defendant is reversed where: 1) the court erred in holding plaintiff's claims was time-barred, as plaintiff effectively tolled the statute of limitations in regards to his later-filed actions against defendant by timely bringing before the court an identical cause of action against parties solidarily liable with defendant; and 2) the instant action was filed within the limitations period.

Appellate Information

• Decided 06/22/2009
• Published 06/22/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter John Porrata, with whom Law Offices of Peter John Porrata, was on brief for appellant.


• For Appellees:
  
• Antonio Gnocchi-Franco, with whom Gnocchi Franco Law Offices, Larry M. Roth, and Law Office of Larry M. Roth, P.A., were on brief for appellee.