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15-158 - GIOVANNI v. MATTHEWS INTERNATIONAL CORP.


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15-158 - GIOVANNI v. MATTHEWS INTERNATIONAL CORP.
September 28, 2016
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ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT - Defendant Matthews International Corp. has moved for summary judgment on the claims brought against it by Plaintiff Richard M. Giovanini. Dkt. No. 33. The Court now DENIES the Motion for Summary Judgment. Both proximate cause and foreseeability are issues for a jury in this case. There is no real dispute that Matthews manufactured the casket at issue. With respect to causation, reasonable jurors might conclude that a casket manufacturer should foresee that proceeding to carry a casket to the grave site despite its broken handle is not unreasonable. A reasonable jury might also conclude that Plaintiff Giovanini's injuries were the proximate result of the defect in the casket handle. In short, the issues raised by the Plaintiff's Complaint are for a jury to decide. For these reasons, Defendant Matthews International Corporation's Motion for Summary Judgment, Dkt. No. 33, is DENIED.(See Order.) Signed by Judge Larry J. McKinney on 9/28/2016. (BRR)