Breach of Implied Warranty Claim Dismissed in N.C. Smith & Nephew Drill Bit Case



DOCUMENTS
  • Order


CHARLOTTE, N.C. — A North Carolina federal judge has dismissed a breach of implied warranty claim arising from a drill malfunction in a hip replacement case, explaining that defendant Smith & Nephew did not make any representations to the plaintiff regarding the device, therefore no privity exception applies.

In an Aug. 11 order, Judge Robert J. Conrad Jr. of the U.S. District Court for the Western District of North Carolina explained that S&N made no representations aimed at the plaintiff regarding the drill bit, and she did not elect to undergo the surgery because of any representations made by S&N.






UPCOMING CONFERENCES




HarrisMartin's New Jersey Asbestos Litigation Conference

February 27, 2025 - New Brunswick, NJ
Hyatt Regency New Brunswick

MORE DETAILS



HarrisMartin’s Artificial Stone Silicosis Epidemic Litigation Conference

January 10, 2025 - Long Beach, CA
The Westin Long Beach

MORE DETAILS