GROSS v. STRYKER CORPORATION et al
Plaintiff: DONALD GROSS
Defendant: STRYKER CORPORATION, STRYKER ORTHOPPEDICS and STRYKER ORTHOPEDICS
Case Number: 2:2011cv01229
Filed: September 26, 2011
Court: US District Court for the Western District of Pennsylvania
Office: Pittsburgh Office
County: Allegheny
Presiding Judge: Nora Barry Fischer
Nature of Suit: Personal Injury- Product Liability
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
March 14, 2012 Opinion or Order Filing 18 MEMORANDUM OPINION indicting that, for reasons stated more fully within, Defendant Stryker's Corporation's Motion to Dismiss is granted and Plaintiff's claims are dismissed, with prejudice. The Court dismisses with prejudice all of Pl aintiff's claims: strict liability based on manufacturing defect and marketing defect theories (Count I), negligence and res ipsa loquitur (Count II), and breach of express and implied warranties (Count III), as well as Plaintiff's request for punitive damages. Finally, the Court declines to grant Plaintiff the opportunity to obtain discovery and amend his Complaint given the facts of this case and controlling authority. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/14/12. (jg)
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Plaintiff: DONALD GROSS
Represented By: Thomas E. Fitzgerald
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Defendant: STRYKER CORPORATION
Represented By: Constantine J. Passodelis
Represented By: Jason A. Rosenberger
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Defendant: STRYKER ORTHOPPEDICS
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Defendant: STRYKER ORTHOPEDICS
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