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E.D. Pennsylvania· 4/27/2017

Smith v. Howmedica Osteonics Corp.

Citations

  • 251 F. Supp. 3d 844
  • 92 U.C.C. Rep. Serv. 2d (West) 630
  • 2017 WL 1508992
  • 2017 U.S. Dist. LEXIS 64170

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “[w]ithout any factual allegation as to the nature of what went wrong during the manufacturing process, there is no plausible road to recovery for negligent manufacturing
  • concluding that despite the plain language in comment k, “the Pennsylvania Supreme Court [in Hahn] has interpreted it to limit recovery for 11 failure-to-warn in Comment k cases to negligence”
  • finding that the conditions in comment k that the product be “properly prepared” and “accompanied by proper directions and warning” seem, on their face, to preserve strict liability claims asserting a manufacturing defect and a failure-to-warn defect
  • dismissing the breach of implied warranty claim based on a design defect with prejudice and based on a manufacturing defect without prejudice
  • dismissing claim in part because plaintiff did not describe design of product “in any meaningful detail”
  • dismissing negligent design claim where “[t]he only explicit reference to the product's design is the conclusory allegation that [d]efendants were negligent in such design”

Source: CourtListener parenthetical corpus (CC0).

Judges: Beetlestone

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.