HARTSOCK v. WAL-MART STORES EAST, INC. et al

Filing 22

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED. PLAINTIFF'S FAILURE TO WARN CLAIM, CONTAINED IN THE COMPLAINT [DOC.NO.1 EX.A] AS PART OF PARAGRAPH 18 AND PARAGRAPH 20(D) THROUGH (F), IS DISMISSED. THE CLAIMS FOR DEFECTIVE DESIGN AND DEFECTIVE MANUFACTURE REMAIN. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 11/23/09. 11/24/09 ENTERED AND COPIES MAILED, E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ : : : : : WAL-MART STORES EAST, INC., et al., : Defendants. : __________________________________________: SCOTT HARTSOCK, Plaintiff, v.

CIVIL NO. 07-3200

ORDER AND NOW, this 23rd day of November, 2009, upon consideration of Defendants' Partial Motion for Summary Judgment [Doc. No.18], subsequent filings by both parties [Doc. Nos. 17, 18, 19], and the initial pleadings in this case [Doc. Nos. 1 Ex. A, 5], it is hereby ORDERED that Defendants' Motion is GRANTED. Plaintiff's failure to warn claim, contained in the Complaint [Doc. No. 1 Ex. A] as part of paragraph 18 and paragraph 20 (d) through (f), is DISMISSED. The claims for defective design and defective manufacture remain. It is so ORDERED.

BY THE COURT: /s/ Cynthia M. Rufe ______________________ CYNTHIA M. RUFE, J.