Opinion
Case No. 05-cv-0831-MJR.
May 8, 2007
MEMORANDUM and ORDER
For the reasons stated on the record on May 8, 2007, the Court GRANTS IN PART and DENIES IN PART Defendants' oral Rule 50 motion at the close of Plaintiffs' case. Specifically, as to each count of the amended complaint (Doc. 17) which remained for trial, the Court rules as follows on Defendants' motion:Count 1 Count 2 Count 3 Count 4 Count 5 Count 11 Count 13 Count 14 Count 15
(negligence against Waveware Ltd.): Denied as to allegations in ¶ 16(a), (c), (d) (e). Granted as to allegations in ¶ 16(b). (strict liability against Waveware Ltd.): Granted as to any manufacturing defect or design defect. Denied as to failure to warn. (breach of express warranty against Waveware Ltd.): Taken under advisement. (breach of implied warranty against Waveware Ltd.): Granted. (loss of consortium claim against Waveware Ltd.): Denied (derivative of negligence claim which survives Rule 50). (negligence against QVC): Denied. (breach of express warranty against QVC): Granted. (breach of implied warranty against QVC): Granted. (loss of consortium claim against QVC): Denied (derivative of negligence claim which survives Rule 50). IT IS SO ORDERED.