Cordova et al v. Smith & Nephew, Inc.
| Sarah Cordova and Glen Cordova |
| Smith & Nephew, Inc. |
| 2:2014cv00351 |
| January 16, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| Arlene R. Lindsay |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| None |
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Filing
21
ORDER granting 14 Motion to Dismiss for Failure to State a Claim. For the reasons set forth herein, the Court grants the motion to dismiss in its entirety. Sarah Cordova's design defect, failure to warn, and breach of express warranty claims are dismissed. Moreover, Sarah Cordova's breach of implied warranty and negligence claims are dismissed to the extent they rely on a theory of design defect or failure to warn; however, they are not dismissed to the extent they rely on a theory of manufacturing defect. Glen Cordova's loss of consortium claim may proceed to the extent it is derivative of Sarah Cordova's remaining claims. Finally, plaintiffs shall file a second amended complaint no later than thirty days from the date of this Order if Sarah Cordova wishes to amend her breach of express warranty claim. SO ORDERED. Ordered by Judge Joseph F. Bianco on 7/30/2014. (Gibaldi, Michael)
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