Varner v. MHS, Ltd.

Filing 40

ORDER (memorandum filed previously as separate docket entry) defendants motion for summary judgment, (Doc. 20), is GRANTED IN PART and DENIED IN PART. Summary judgment is GRANTED as to plaintiffs claims for design defect, failure to warn, and breach of the implied warranty of fitness for a particular purpose. Defendants motion for summary judgment is DENIED as to plaintiffs claims for manufacturing defect and breach of the implied warranty of merchantability Final Pretrial Conference set for 4/2 4/2014 02:30 PM in Scranton before Honorable Malachy E Mannion. Jury Selection set for 5/19/2014 09:30 AM in Scranton before Honorable Malachy E Mannion. Jury Trial set for 5/19/2014 09:30 AM in Scranton before Honorable Malachy E Mannion.Signed by Honorable Malachy E Mannion on 3/6/14. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT S. VARNER,

:

Plaintiff

:

CIVIL ACTION NO. 3:11-2138

v

:

(JUDGE MANNION)

MHS, Ltd. d/b/a Wear-Flex Slings

:

Defendant

:
ORDER

In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT defendant’s motion for summary judgment, (Doc. 20), is
GRANTED IN PART and DENIED IN PART. Summary judgment is
GRANTED as to plaintiff’s claims for design defect, failure to warn, and
breach of the implied warranty of fitness for a particular purpose. Defendant’s
motion for summary judgment is DENIED as to plaintiff’s claims for
manufacturing defect and breach of the implied warranty of merchantability.
A final pretrial conference will be held on Thursday, April 24, 2014 at 2:30
PM in Courtroom #3, William J. Nealon Federal Building and United States
Courthouse, 235 North Washington Avenue, Scranton, PA. The jury trial will
begin with jury selection on Monday, May 19, 2014 at 9:30 AM in the same
location as noted above.

s/Malachy E. Mannion

MALACHY E. MANNION
United States District Judge
Date: March 6, 2014
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2011 MEMORANDA\11-2138-02-order.wpd