Fletcher v. Apex

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Apex (corporation who makes keyboards) Kodak (sole shareholder in Apex)


The plaintiff is trying to recover for repetitive injuries sustained by using keyboards manufactured by Apex. Apex was at one point a wholly owned subsidiary of Kodak. Now it has changed its name to 805 Middlesex Corp. but Kodak is still its sole shareholder.

Plaintiff's argument

  1. Atex is an alter ego or instrumentality of Kodak
  2. Atex was Kodak's agent
  3. Kodak was the apparent manufacturer of the Atex keyboard
  4. Kodak "acted in tortious concert with Atex in manufacturing and marketing the alleged keyboards"