Breach of Implied Warranty Claim Dismissed in Wright Hip Implant Case
September 30, 2015
DOCUMENTS
- Order
CINCINNATI — An Ohio federal judge has dismissed a claim of breach of implied warranty of fitness for a particular purpose brought against Wright Medical Technology Inc. in a hip implant case, ruling that the plaintiff failed to identify any particular purpose for which he intended to use the hip implant, outside of its ordinary, intended use.
However, in the Sept. 18 order, Judge Walter H. Rice of the U.S. District Court for the Southern District of Ohio allowed the punitive damages claim to proceed, finding the plaintiff adequately alleged that his injuries resulted from Wright’s "flagrant disregard of the …
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