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17-003 - Cusack v. Bendpak, Inc.


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17-003 - Cusack v. Bendpak, Inc.
April 12, 2018
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MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Defendant Bendpaks Motion in Limine (Dkt. 29) is GRANTED IN PART and DENIED IN PART as outlined above. Cusack will not be allowed to introduce evidence of Bendpaks addition of the secondary safety bted on the Notice of Electronic Filing (NEF) by (cjs)racket for purposes of negligence, defect etc., but will be able to introduce it under a failure to warn theory. 2. Cusacks Motion to Amend/Correct Complaint (Dkt. 32) is GRANTED IN PART and DENIED IN PART as outlined above. The Court will not allow amendment in order to add a claim for punitive damages at this time. The Court will allow Cusack to remove all defendants except Bendpak from the case caption and factual allegations of the Complaint. Plaintiff has fourteen days to file an appropriate Amended Complaint. 3. Cusacks Motion for Partial Summary Judgment (Dkt. 37) is GRANTED. While the Court will allow evidence of the phantom driver/operatorsactions, if otherwise admissible, only Cusack and Bendpak can be liable inthis case and only their names will be included on the jury verdict form.4. Bendpaks Motion to Strike (Dkt. 52) has been withdrawn and is deemedMOOT. Dkt. 56. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses lis