WILKINSON et al v. HUFFY CORPORATION et al

Filing 17

ORDER of MEMORANDUM/OPINION (DOC. #16) that. ALL CLAIMS AGAINST GERRY BABY PRODUCTS AND GERRY WOOD PRODUCTS ARE DISMISSED.. DEFENDANT HUFFY CORPORATIONS'S 12(b)(6) MOTION TO DISMISS COUNT VI (BREACH OF CONTRACT) OF PLAINTIFFS' COMPLAINT (DOC. #11) IS GRANTED.... THE MOTION IS DENIED AS TO THE CLAIM OF STRICT LIABILITY (COUNT I).. SIGNED BY HONORABLE ANITA B. BRODY ON 8/11/2009. 8/12/2009 ENTERED AND COPIES VIA ECF AND U.S. MAIL.(mo, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BRYAN WILKINSON, et al., Plaintiffs v. HUFFY CORPORATION, et al., Defendants : : : : : : : ORDER AND NOW, this __11th ______ day of August 2009, it is ORDERED that ! ! All claims against Gerry Baby Products and Gerry Wood Products are DISMISSED. Defendant Huffy Corporation's 12(b)(6) Motion to Dismiss Count VI (Breach of Contract) of Plaintiffs' Complaint (Doc. #11) is GRANTED. Motion to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. Pro. 12(b)(6) by Defendant Evenflo Company, Inc. (Doc. #5), is GRANTED in part and DENIED in part: " the motion is GRANTED as to the claims of negligence (Count II), breach of express warranty (Count III), breach of implied warranty (Count IV), failure to warn (Count V), and breach of contract (Count VI) the motion is DENIED as to the claim of strict liability (Count I).

CIVIL ACTION NO. 09-507

!

"

s/Anita B. Brody __________________________ ANITA B. BRODY, J.

Copies VIA ECF on _________ to:

Copies MAILED on _______ to: