Reno et al v. C. R. Bard, Inc.

Filing 235

AMENDED MEMORANDUM OPINION AND ORDER (Defendant's Motion for Partial Summary Judgment) The 234 Memorandum Opinion and Order entered 12/7/2016 is hereby amended to correct the case style; the 55 MOTION by C. R. Bard, Inc. for Partial Summary Judgment on Plaintiffs' Punitive Damages Claims is denied. Signed by Judge Joseph R. Goodwin on 12/7/2016. (cc: counsel of record; any unrepresented party) (mek)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

RENO, et al.
Plaintiffs,
v.

Civil Action No. 2:12-cv-02299

C.R. BARD, INC.,
Defendant.
AMENDED MEMORANDUM OPINION AND ORDER

(Defendant’s Motion for Partial Summary Judgment)

The court’s Memorandum Opinion and Order [ECF 234] entered December 7,
2016, is hereby amended to correct the case style.
Pending before the court is defendant C. R. Bard’s (“Bard”) Motion for Partial
Summary Judgment on Plaintiffs’ Punitive Damages Claim (“Motion for Partial
Summary Judgment”) [ECF No. 55]. To obtain summary judgment, “the movant must
show that there is no genuine dispute as to any material fact and that the movant is
entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). In turn, to avoid
summary judgment, the nonmovant must offer some “concrete evidence from which
a reasonable juror could return a verdict” in his or her favor. Anderson v. Liberty

Lobby, Inc., 477 U.S. 242, 256 (1986).
The question of whether a plaintiff is entitled to punitive damages often
involves an interlocking web of factual determinations respecting the defendant’s
conduct. A court thus treads cautiously, especially pretrial, when adjudicating a

peremptory request to remove the matter entirely from the factfinder’s consideration.
The evidentiary record is frequently muddled enough on the point that genuine issues
of material fact remain. That is the case here. Consequently, Bard is not, at least at
this stage of the case, entitled to judgment as a matter of law on the punitive damages
claim. The court will be better equipped to assess, and perhaps resolve, the issue at
the stage for Rule 50 motions. For these reasons, the Motion for Partial Summary
Judgment [ECF No. 55] is DENIED.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record
and any unrepresented party.
ENTER:

December 7, 2016