Hernandez v. KaVo Dental Corporation

Filing 33

ORDER AND REASONS denying 18 Motion for Summary Judgment. Signed by Judge A. J. McNamara on 11/19/2009. (caa, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA TERESITA V. HERNANDEZ VERSUS KAVO DENTAL CORPORATION * * * ORDER AND REASONS Before the court is the "Motion for Summary Judgment" (Doc. No. 18) filed by Defendants, KaVo Dental Corporation. Plaintiff, CIVIL ACTION NO: 08-4686 SECTION: "D"(3)

Dr. Teresita V. Hernandez, opposes the motion. The motion, set for hearing on Wednesday, November 18, 2009, is before the court on briefs, without oral argument. Now, having considered the

memoranda of counsel, the record, and the applicable law, the court finds that there are genuine issues of material fact as to the date Plaintiff knew that the KaVo equipment used in her dental office was a cause of her hearing loss. Accordingly; IT IS ORDERED that Defendant's "Motion for Summary Judgment" (Doc. No. 18) be and is hereby DENIED.

New Orleans, Louisiana, this 19th day of November, 2009.

______________________________ A.J. McNAMARA UNITED STATES DISTRICT JUDGE

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