WAGNER v. KIMBERLY-CLARK CORPORATION

Filing 12

ORDER THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S BREACH OF WARRANTY CLAIM (COUNT III) IS GRANTED. DEFENDANTS MOTION TO DISMISS PLAINTIFF'S STRICT LIABILITY CLAIM (COUNT II) IS DENIED. ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 12/1/2016. 12/2/2016 ENTERED AND COPIES E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PAUL WAGNER, Individually and as
Executor of the ESTATE OF REGINA
WAGNER, Deceased,
CIVIL ACTION
Plaintiff,

v.
N0.16-4209

FILED

KIMBERLY-CLARK
CORPORATION,

DEC 0 1 2016
LUCY V. CHIN, Interim Clerk
Dep. Clerk

Defendant.
)fJ

AND NOW, this

f

By

ORDER
day of December, 2016, after considering the defendant's

motion to partially dismiss plaintiffs complaint (Doc. No. 5), plaintiffs response in
opposition to this motion (Doc. No. 6), and defendant's brief in reply to plaintiffs
response in opposition (Doc. No. 9), IT IS HEREBY ORDERED that:
1.

Defendant's motion to dismiss plaintiffs breach of warranty claim (Count

III) is GRANTED.
2.

Defendant's motion to dismiss plaintiffs strict liability claim (Count II) is

DENIED.
3.

Any language relating to a "design" defect or "failure to warn" shall be

stricken from plaintiffs complaint with prejudice.

BY THE COURT: