KILLEN v. STRYKER SPINE

KILLEN v. STRYKER SPINE

Plaintiff:	MELINDA KILLEN
Defendant:	STRYKER SPINE, an unincorporated division of Howmedica Osteonics Corp.
Case Number:	2:2011cv01508
Filed:	November 28, 2011
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
County:	Allegheny
Presiding Judge:	Joy Flowers Conti
Presiding Judge:	Maureen P. Kelly
Nature of Suit:	Personal Injury- Product Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 28, 2012	Filing 29 ORDER granting in part and denying in part 3 Motion to Dismiss for Failure to State a Claim; IT IS HEREBY ORDERED that the motion to dismiss is granted in part and denied in part as follows: COUNT I NEGLIGENCE. The motion to dismiss is denied with respect to Plaintiffs claim alleging negligence; COUNT II STRICT LIABILITY. The motion to dismiss is granted with respect to Plaintiffs strict liability design defect and failure to warn claims, but denied with respect to Plaintiffs strict liabili ty manufacturing defect claim; COUNT III FRAUD. The motion to dismiss is granted with respect to Plaintiffs fraud claims arising out of Defendants product literature and labeling, but denied with respect to claims arising out of Defendants alleged intentional misrepresentations concerning Killens medical care; COUNT IV NEGLIGENT MISREPRESENTATION. The motion to dismiss is granted with respect to Plaintiffs claim alleging negligent misrepresentations in product literature and labeling regardin g the testing, research, and inspection of the CerviCore implant, but denied with respect to Plaintiffs claim arising out of Defendants alleged negligent misrepresentations concerning Killens medical care; COUNT V BREACH OF IMPLIED WARRANTIES. The motion to dismiss is granted with respect to Plaintiffs claim for breach of implied warranty of fitness for a particular purpose, but denied with respect to Plaintiffs claim for breach of implied warranty of merchantability; COUNT VI BREACH OF EXPRE SS WARRANTIES. The motion to dismiss is granted with respect to Plaintiffs breach of express warranties claim, but the grant is without prejudice to Plaintiff being permitted to amend her complaint to allege sufficient detailed facts, if any, to sup port her claim of breach of express warranty; COUNT VII PUNTIVE DAMAGES. The motion to dismiss is denied with respect to Plaintiffs claim for punitive damages. IT IS FURTHER ORDERED that the Report and Recommendation 22 of Magistrate Judge Kelly, dated August 21, 2012, as supplemented or modified by this memorandum order, is adopted as the Opinion of the Court. Signed by Judge Joy Flowers Conti on 9/28/2012. (smc )

Date Filed

Document Text

September 28, 2012

Filing 29 ORDER granting in part and denying in part 3 Motion to Dismiss for Failure to State a Claim; IT IS HEREBY ORDERED that the motion to dismiss is granted in part and denied in part as follows: COUNT I NEGLIGENCE. The motion to dismiss is denied with respect to Plaintiffs claim alleging negligence; COUNT II STRICT LIABILITY. The motion to dismiss is granted with respect to Plaintiffs strict liability design defect and failure to warn claims, but denied with respect to Plaintiffs strict liabili ty manufacturing defect claim; COUNT III FRAUD. The motion to dismiss is granted with respect to Plaintiffs fraud claims arising out of Defendants product literature and labeling, but denied with respect to claims arising out of Defendants alleged intentional misrepresentations concerning Killens medical care; COUNT IV NEGLIGENT MISREPRESENTATION. The motion to dismiss is granted with respect to Plaintiffs claim alleging negligent misrepresentations in product literature and labeling regardin g the testing, research, and inspection of the CerviCore implant, but denied with respect to Plaintiffs claim arising out of Defendants alleged negligent misrepresentations concerning Killens medical care; COUNT V BREACH OF IMPLIED WARRANTIES. The motion to dismiss is granted with respect to Plaintiffs claim for breach of implied warranty of fitness for a particular purpose, but denied with respect to Plaintiffs claim for breach of implied warranty of merchantability; COUNT VI BREACH OF EXPRE SS WARRANTIES. The motion to dismiss is granted with respect to Plaintiffs breach of express warranties claim, but the grant is without prejudice to Plaintiff being permitted to amend her complaint to allege sufficient detailed facts, if any, to sup port her claim of breach of express warranty; COUNT VII PUNTIVE DAMAGES. The motion to dismiss is denied with respect to Plaintiffs claim for punitive damages. IT IS FURTHER ORDERED that the Report and Recommendation 22 of Magistrate Judge Kelly, dated August 21, 2012, as supplemented or modified by this memorandum order, is adopted as the Opinion of the Court. Signed by Judge Joy Flowers Conti on 9/28/2012. (smc )

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Plaintiff: MELINDA KILLEN
Represented By:	George M. Kontos
Represented By:	Nicholas L. Fiske
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Defendant: STRYKER SPINE, an unincorporated division of Howmedica Osteonics Corp.
Represented By:	Constantine J. Passodelis
Represented By:	Jason A. Rosenberger
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