GROSS v. STRYKER CORPORATION et al
Filing 18
MEMORANDUM OPINION indicting that, for reasons stated more fully within, Defendant Stryker's Corporation's Motion to Dismiss is granted and Plaintiff's claims are dismissed, with prejudice. The Court dismisses with prejudice all of Pl aintiff's claims: strict liability based on manufacturing defect and marketing defect theories (Count I), negligence and res ipsa loquitur (Count II), and breach of express and implied warranties (Count III), as well as Plaintiff's request for punitive damages. Finally, the Court declines to grant Plaintiff the opportunity to obtain discovery and amend his Complaint given the facts of this case and controlling authority. An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/14/12. (jg)
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