Ray v. Ethicon, Inc. et al

Filing 92

ORDER granting 44 Motion for Partial Summary Judgment. Signed by District Judge Debra M. Brown on 9/10/20. (jla)

Case: 1:20-cv-00129-DMB-RP Doc #: 92 Filed: 09/10/20 1 of 1 PageID #: 22364

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
DARLA RAY

PLAINTIFF

V.

NO. 1:20-CV-129-DMB-RP

JOHNSON & JOHNSON, et al.

DEFENDANTS

ORDER
On November 28, 2018,1 Ethicon, Inc., and Johnson & Johnson filed a motion seeking
summary judgment on some of Darla Ray’s claims: (1) negligence (Count I); (2) strict liability
based on a manufacturing defect (Count II); (3) strict liability based on a defective product (Count
IV); (4) common law fraud (Count VI); (5) fraudulent concealment (Count VII); (6) constructive
fraud (Count VIII); (7) negligent misrepresentation (Count IX); (8) negligent inflection of
emotional distress (Count X); (9) breach of express warranty (Count XI); (10) breach of implied
warranty (Count XII); (11) violation of Mississippi’s consumer protection laws (Count XIII); (12)
gross negligence (Count XIV); and (13) unjust enrichment (Count XV). Doc. #44. On December
11, 2018, Ray responded to the motion stating she does not oppose summary judgment on these
enumerated claims. Doc. #46 at 1–2. Accordingly, the motion for summary judgment on these
claims [44] is GRANTED.
SO ORDERED, this 10th day of September, 2020.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

1
This case was commenced in the Southern District of West Virginia on August 17, 2012. Doc. #1. It was transferred
to the Northern District of Mississippi on June 18, 2020. Docs. #52, #64.