KLINE et al v. ZIMMER HOLDINGS, INC et al
||ZIMMER HOLDINGS, INC, ZIMMER, INC. and ZIMMER US, INC.
||GREGORY KLINE and CHERRIE KLINE
||April 9, 2013
||Pennsylvania Western District Court
||Joy Flowers Conti
||Robert C. Mitchell
|Nature of Suit:
||Personal Inj. Prod. Liability
|Cause of Action:
||28:1446 Notice of Removal-Personal Injury
|Jury Demanded By:
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|Date Filed||#||Document Text|
|June 27, 2013
ORDER granting in part and denying in part 12 Motion to Dismiss, treated as a partial motion for judgment on the pleadings. adopting Report and Recommendations re 20 Report and Recommendations as an opinion of the court. As to the strict liabi lity claims in Count II, the motion is granted with respect to plaintiffs' design defect and failure to warn claims, but denied with respect to plaintiffs' manufacturing defect claim; as to the breach of implied warranties claims in Count I II, the motion is granted with respect to plaintiffs' claim of breach of the implied warranty of fitness for a particular purpose and the claim of breach of implied warranty of merchantability based upon the design defect and failure to warn cla ims, but denied with respect to plaintiffs' claim of breach of the implied warranty of merchantability based upon a manufacturing defect; as to the breach of express warranties claims in Count IV, the motion is granted.; Signed by Judge Joy Flowers Conti on 6/27/2013. (smc )
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