Bruton v. Biomet, Inc.

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION JANICE BRUTON, ) ) Plaintiff ) vs. ) Case No. 3:16-CV-135 RLM-MGG ) BIOMET, INC., et al., ) ) Defendants ) OPINIONS AND ORDER Biomet moved for summary judgment in this case as a sanction for the plaintiffs’ failure to preserve the M2a device that she alleges was defective and caused her injuries. Today, I deny the motion. Summary judgment is only appropriate if the pleadings, discovery materials, disclosures, and affidavits demonstrate that there are no genuine issues of material fact, and that the non-moving…