DOUGHTERY v. C.R. BARD, INC. et al

Filing 14

ORDER THAT DEFTS' MOTION TO DISMISS PLFF'S FIRST AMENDED COMPLAINT (DOC #7) IS GRANTED AS FOLLOWS: THE FOLLOW CLAIMS ARE DISMISSED WITH PREJUDICE: (a) COUNTS II AND III, ALLEGING STRICT LIABILITY BASED ON A DESIGN DEFECT AND A FAILURE TO WARN, ETC. ( SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 7/18/12. ) 7/19/12 ENTERED AND COPIES E-MAILED.(gn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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PEGGY DOUGHTERY, individually and
as parent and natural guardian of D.J., a
minor,
Plaintiff,
v.
C.R. BARD, INC., and DAVOL, INC.,
Defendants.

CIVIL ACTION NO. 11-6048

ORDER
AND NOW, this 18th day of July, 2012, upon careful consideration of defendants’
motion to dismiss plaintiff’s first amended complaint (document no. 7), plaintiff’s opposition
thereto, and defendants’ reply, IT IS HEREBY ORDERED that the motion is GRANTED as
follows:
1. The following claims are DISMISSED WITH PREJUDICE: (a) counts II and III,
alleging strict liability based on a design defect and a failure to warn, respectively; (b) the claim
for breach of the implied warranty of merchantability in count V, but only insofar as it is based
on an alleged design defect or failure to warn; (c) the claim for breach of the implied warranty of
fitness for a particular purpose in count V; and (d) count VI, alleging a violation of the Unfair
Trade Practices and Consumer Protection Law.
2. Plaintiff’s remaining claims are DISMISSED WITHOUT PREJUDICE to plaintiff’s
right to file a second amended complaint, if she can do so in compliance with the limits of Rule

11, within 20 days of the date of this order. Otherwise, these claims will be dismissed with
prejudice after the 20-day period has expired.

/s/William H. Yohn Jr.
William H. Yohn Jr., Judge