Legal Opinion

Clark v. Danek Medical, Inc.

District Court, W.D. Kentucky

Decided September 10, 1999No. Civ.A. 3:94CV-634-HPublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

HEYBURN, District Judge.

Over the past eight months the Court has had an opportunity to consider various claims arising from Plaintiff James Clark receiving a Texas Scottish Rite Hospital spinal system (“TSRH system”) implant manufactured by Danek Medical, Inc. (“Danek”). 1 In its Memorandum Opinion and Order dated March 26, 1999, the Court dismissed plaintiffs’ claims for negligence per se, product liability (under both negligence and strict liability theories), and breach of warranty. A few months later the Court denied Plaintiffs’ motion to alter or amend that dismissal.…

2Cases cited16 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
  3. Lloyd v. Crawford, III v. Jack A. RoaneCourt of Appeals for the Sixth Circuit · 1995
  4. Roth Steel Products, and Toledo Steel Tube Company, Cross-Appellants v. Sharon Steel Corporation, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1983
  5. Keeneland Ass'n, Inc. v. EamerDistrict Court, E.D. Kentucky · 1993

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3Cited by6 opinions

  1. Prather v. Abbot LaboratoriesDistrict Court, W.D. Kentucky · 2013
  2. Bosch v. Bayer Healthcare Pharmaceuticals, Inc.District Court, W.D. Kentucky · 2014
  3. Minisan v. Danek Medical, Inc.District Court, N.D. Indiana · 1999
  4. Papa John's International, Inc. v. Dynamic Pizza, Inc.District Court, W.D. Kentucky · 2004
  5. General Cable Corp. v. HighlanderDistrict Court, S.D. Ohio · 2006

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