Waitek v. Dalkon Shield Trust

MEMORANDUM OPINION AND ORDER REGARDING MOTION FOR SUMMARY JUDGMENT

TABLE OF CONTENTS

I. INTRODUCTION AND BACKGROUND. 674

II. STANDARDS FOR SUMMARY JUDGMENT. 675

III. FINDINGS OF FACT. 677

A. Uncontested Facts. 677

B. Contested Facts. 678

IV. CONCLUSIONS OF LAW. 678

A. Statute of Limitations. 678

B. Proximate Cause of Priscilla Waitek’s Injuries. 683

C. Compliance with Scheduling Order. 686

V. CONCLUSION. 688

BENNETT, District Judge.

A nulliparous plaintiff, who had hoped she would not remain so, and her spouse filed this product liability lawsuit with Hydra-like claims arising out of her use of a Daikon…