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17-1174 - SMITH et al v. HOWMEDICA OSTEONICS CORP. et al


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17-1174 - SMITH et al v. HOWMEDICA OSTEONICS CORP. et al
April 27, 2017
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MEMORANDUM OPINION. SIGNED BY HONORABLE WENDY BEETLESTONE ON 4/27/2017. 4/27/2017 ENTERED AND COPIES E-MAILED.(ahf)
April 27, 2017
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ORDER THAT THE MOTION TO DISMISS PLAINTIFFS' STRICT LIABILITY CLAIM IS GRANTED INSOFAR AS IT ALLEGES A DESIGN DEFECT, AND DENIED INSOFAR AS IT ALLEGES A MANUFACTURING DEFECT. COUNT ONE IS DISMISSED INSOFAR AS IT ALLEGES A DESIGN DEFECT. THE MOTION TO DISMISS PLAINTIFFS' NEGLIGENCE CLAIM IS GRANTED. COUNT TWO IS DISMISSED. THE MOTION TO DISMISS PLAINTIFFS' CLAIM FOR BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY IS GRANTED INSOFAR AS IT ALLEGES A DESIGN DEFECT, AND DENIED INSOFAERED AND COPIES E-MAILED.(ahf)R AS IT ALLEGES A MANUFACTURING DEFECT. COUNT THREE IS DISMISSED INSOFAR AS IT ALLEGES A DESIGN DEFECT. THE MOTION TO DISMISS PLAINTIFFS' CLAIM FOR LOSS OF CONSORTIUM IS DENIED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 4/27/2017. 4/27/2017 ENT