QUATELA
QUATELA v. Stryker Corp.
Opinion
Opinion
Seeborg, J.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DENYING DEFENDANT’S MOTION TO STRIKE
I. INTRODUCTION
In this products liability case, plaintiff Sue Quatela alleges she was injured when her physician implanted a prescription infusion pump following surgery on her shoulder. Quatela’s complaint asserts six claims for relief: (1) negligence; (2) strict product liability; (3) breach of express warranty; (4) breach of implied warranty; (5) negligent misrepresentation; and (6) fraudulent concealment. Defendant Stryker Corporation moved to dismiss four of the claims for relief and to strike certain specific allegations.
After the motion was filed, the parties stipulated to permit Quatela to file an amended complaint that addressed one aspect of the motion to strike, which Stryker then withdrew. As the amended complaint is otherwise substantively identical to the original complaint, the motion to dismiss and the balance of the motion to strike will be deemed to be directed at the amended complaint. For the reasons stated below, the motion to dismiss will be granted with leave to amend in part, and without leave to amend in part. The motion to strike will be denied.