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Simmons v. Bos. Scientific Corp.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Apr 28, 2015
Civil Action No. 2:12-cv-07398 (S.D.W. Va. Apr. 28, 2015)

Opinion

Civil Action No. 2:12-cv-07398

04-28-2015

TERRIE SIMMONS & RICKY SIMMONS, Plaintiffs, v. BOSTON SCIENTIFIC CORP., Defendant.


MEMORANDUM OPINION AND ORDER
(Defendant's Motion for Partial Summary Judgment)

Pending before the court is defendant Boston Scientific Corporation's ("BSC") Motion for Partial Summary Judgment on Plaintiffs Terrie Simmons and Ricky Simmons's Punitive Damages Claim ("Motion for Partial Summary Judgment") [Docket 30]. To obtain summary judgment, "the movant must show that there is no genuine dispute as to any material fact and that the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a). In turn, to avoid summary judgment, the nonmovant must offer some "concrete evidence from which a reasonable juror could return a verdict" in his or her favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 256 (1986).

The question of whether a plaintiff is entitled to punitive damages often involves an interlocking web of factual determinations respecting the defendant's conduct. A court thus treads cautiously, especially pretrial, when adjudicating a peremptory request to remove the matter entirely from the factfinder's consideration. The evidentiary record is frequently muddled enough on the point that genuine issues of material fact remain. That is the case here. Consequently, BSC is not, at least at this stage of the case, entitled to judgment as a matter of law on the punitive damages claim. The court will be better equipped to assess, and perhaps resolve, the issue at the stage for Rule 50 motions. For these reasons, the Motion for Partial Summary Judgment [Docket 30] is DENIED.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.

ENTER: April 28, 2015

/s/_________

JOSEPH R. GOODWIN

UNITED STATES DISTRICT JUDGE


Summaries of

Simmons v. Bos. Scientific Corp.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION
Apr 28, 2015
Civil Action No. 2:12-cv-07398 (S.D.W. Va. Apr. 28, 2015)
Case details for

Simmons v. Bos. Scientific Corp.

Case Details

Full title:TERRIE SIMMONS & RICKY SIMMONS, Plaintiffs, v. BOSTON SCIENTIFIC CORP.…

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

Date published: Apr 28, 2015

Citations

Civil Action No. 2:12-cv-07398 (S.D.W. Va. Apr. 28, 2015)