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HARRISON v. OLIVETTI OFFICE USA

July 22, 1996

BRENDA CAROLE HARRISON, Plaintiff,
v.
THE OLIVETTI OFFICE USA, INC., Defendant.


JUNE L. GREEN, U.S. District Judge


The opinion of the court was delivered by: GREEN

This matter is before the Court on Defendant Olivetti Office USA, Inc.'s ("Olivetti") Motion for Summary Judgment. As grounds, Olivetti states that Plaintiff is time barred from bringing this action according to the applicable statute of limitations. For the reasons set forth below, the Court grants Olivetti's motion.

 Background

 The underlying claims in this case involve the so-called "repetitive stress injuries" ("RSI") that allegedly result from long-term, constant use of certain keyboard equipment. The Complaint alleges that Olivetti (and others) manufactured and sold defective keyboards and that Plaintiff used one of the keyboards during the course of her employment. Plaintiff alleges that the supposed defective nature of the keyboard, as well as Olivetti's failure to warn of this condition, resulted in injury to her. *fn1" (See Compl.)

 On December 8, 1995, the Court granted a similar motion for summary judgment filed by a former co-defendant, Barrister Information Systems Corporation ("Barrister"). Harrison v. The Olivetti Office USA, Inc., No. 94cv1167 (D.D.C. Dec. 8, 1995). In dismissing Barrister's case, the Court concluded that the New York statute of limitations was applicable and that it barred Plaintiff's suit because Plaintiff last used Defendant's product more than three years prior to the commencement of her case. Id. at 11.

 MATERIAL FACTS

 The following are material facts as to which there is no genuine issue or dispute:

 1. Plaintiff, Brenda Carole Harrison, is a citizen of the District of Columbia. (Stat. Mat. Facts at P 1.)

 2. Plaintiff has been employed as a legal secretary at the offices of Powell, Goldstein, Frazer & Murphy since July 1986. (Stat. Mat. Facts at P 4.)

 3. On March 29, 1990, Plaintiff was treated by Dr. Joel Schectman of the George Washington University Medical Center for "spasm and numbness in both hands" after typing a week earlier. Plaintiff had experienced similar spasms and numbness in the past but they did not persist as long. Dr. Schectman's assessment was "most likely carpal tunnel." (Stat. Mat. Facts at P 5.)

 4. Plaintiff filed the Complaint in this action in the United States District Court for the Eastern District of New York on April 7, 1993. (Stat. Mat. Facts at P 2.)

 6. Plaintiff's case was transferred to this Court on May 27, 1994. (Stat. ...


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