Bennett et al v. Boston Scientific Corporation

Plaintiff: Connie Bennett and Donald Bennett
Defendant: Boston Scientific Corporation
Case Number: 2:2013cv06641
Filed: March 29, 2013
Court: West Virginia Southern District Court
Office: Charleston Office
County: Barbour
Presiding Judge: Joseph R. Goodwin
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332 Diversity-Product Liability
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
April 28, 2015 114 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) denying 61 MOTION by Boston Scientific Corporation for Partial Summary Judgment on Punitive Damages Claim, as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 4/28/2015. (cc: counsel of record; any unrepresented party) (ts)
May 5, 2015 115 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER (Defendant's Motion for Summary Judgment) BSC's 67 Motion for Summary Judgment is GRANTED IN PART with respect to the plaintiffs' claims of strict liability for manufacturing defect, strict liability for failure to warn, negligent manufacturing, negligent failure to warn, breach of implied warranty of fitness for a particular purpose, and fraudulent concealment, and DENIED IN PART with respect to the plaintiffs' claims of breach of expres s warranty and breach of implied warranty of merchantability. Consequently, the claims that remain in this matter are (1) strict liability for design defect; (2) negligent design; (3) breach of express warranty; (4) breach of implied warranty of merchantability; and (5) loss of consortium. Signed by Judge Joseph R. Goodwin on 5/5/2015. (cc: counsel of record; any unrepresented party) (ts)

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Plaintiff: Connie Bennett
Represented By: Rachel Beth Abrams(Designation Retained)
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Plaintiff: Donald Bennett
Represented By: Rachel Beth Abrams(Designation Retained)
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Defendant: Boston Scientific Corporation
Represented By: Michael Bonasso
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