Brooks Williams v. Mentor Corporation et al

Filing 38

ORDER granting 33 Motion for Partial Summary Judgment. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/13/2015. (CGC)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
IN RE MENTOR CORP. OBTAPE

*

TRANSOBTURATOR SLING PRODUCTS

*

LIABILITY LITIGATION

MDL Docket No. 2004
4:08-MD-2004 (CDL)

*

Case Nos.
4:13-cv-427 (M. Williams)

O R D E R
Plaintiff
Worldwide

LLC

Margaret Brooks Williams
for

injuries

that

she

sued Defendant Mentor

alleges

were

caused

by

Mentor’s suburethral sling product called ObTape Transobturator
Tape.

Mentor moved for summary judgment on Williams’s claims

under the following theories: Strict Liability (Count I); Breach
of

Express

Warranty

(Count

IV);

Common

(Count

VI);

and

(Count
Law

III);

Fraud

Negligent

Breach

(Count

and

of

V);

Implied

Warranty

Constructive

Intentional

Fraud

Misrepresentation

(Count VII).

Williams does not contest summary judgment as to

these claims.

See Pl.’s Resp. to Def.’s Mot. for Summ. J. (ECF

No.

35).

Accordingly,

Mentor’s

Motion

for

Partial

Judgment (ECF No. 33) is granted as to these claims.

Summary
The only

claim remaining for trial is Williams’s negligence claim (Count
II).
Within seven days of the date of this Order, the parties
shall notify the Court whether the parties agree to a Lexecon
waiver.

IT IS SO ORDERED, this 13th day of November, 2015.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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