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 Camp Lejeune Litigation Conference: Navigating the Complexities - Where Do We Go From Here?

December 08, 2022 - New York, NY
InterContinental® New York Times Square

MORE DETAILS



HarrisMartin's MDL Conference: Navigating Current Mass Tort Litigation

November 30, 2022 - New York, NY
The Knickerbocker

MORE DETAILS