COGSWELL et al v. WRIGHT MEDICAL GROUP, INC. et al
| ROY R. COGSWELL and NANCY COGSWELL |
| WRIGHT MEDICAL TECHNOLOGY, INC. |
| 2:2015cv00295 |
| March 3, 2015 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Lawrence |
| Cathy Bissoon |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
13
ORDER. For the reasons stated more fully in the Memorandum, Defendant Wright Medical Technology's Motion to Dismiss (Doc. 4 ) is GRANTED IN PART and DENIED IN PART. With respect to Plaintiff's claim of negligent misrepresentation, the M otion to Dismiss is DENIED. In every other respect, the Motion to Dismiss is GRANTED. Specifically, the following claims are hereby DISMISSED WITH PREJUDICE: Plaintiff's strict liability claim for manufacturing defect (Count I), strict liabili ty claim for failure to warn (Count II), strict liability claim for design defect (Count III), claim for breach of express warranty (Count V), claim for breach of implied warranty (Count VI), claim for fraudulent misrepresentation (Count VII), and claim for fraudulent concealment (Count VIII). IT IS SO ORDERED. Signed by Judge Cathy Bissoon on 7/16/2015. (rld)
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