Opinion
4:19-CV-02030
03-22-2022
JAMES DZIEDZIC and KIMBERLY DZIEDZIC, husband and wife, Plaintiffs, v. UNITED RENTALS, INC., CNH INDUSTRIAL AMERICA, LLC, d/b/a CASE CONSTRUCTION, TAG MANUFACTURING, INC., and JOHN DOES 1-20, Defendants.
ORDER
Matthew W. Brann, Chief United States District Judge
AND NOW, this 22nd day of March 2022, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. John Does 1-20 are DISMISSED.
2. Counts X, XI, and XII of the Amended Complaint (Doc. 22) are DISMISSED.
3. Defendants' motions for summary judgment (Docs. 34, 37, 40) are DENIED IN PART AND GRANTED IN PART, as follows:
a. DENIED as to Counts III, IX, and XIII of the Amended Complaint (Doc. 22).
b. DENIED as to the design-defect claims in Counts I, IV, and VII of the Amended Complaint (Doc. 22).
c. DENIED as to the negligent-design claims in Counts II, V, and VIII of the Amended Complaint (Doc. 22).
d. GRANTED as to Count VI of the Amended Complaint (Doc. 22).
e. GRANTED as to any manufacturing-defect claim in the Amended Complaint (Doc. 22).
f. GRANTED as to the warning-defect claims in Counts I, IV, and VII of the Amended Complaint (Doc. 22).
g. GRANTED as to the negligent failure-to-warn claims in Counts II, V, and VIII of the Amended Complaint (Doc. 22).
4. A telephonic status conference will be scheduled by separate Order.