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OLIVER v. JOHNSON & JOHNSON, INC.

Civ. A. No. 94-0237.

863 F.Supp. 251 (1994)

Robert G. OLIVER, Sr. and Linda E. Oliver, his wife, Plaintiffs, v. JOHNSON & JOHNSON, INC., a Corporation; Johnson & Johnson Orthopaedics, Inc., a Corporation; Johnson & Johnson Orthopaedic, Inc., a Corporation; Johnson & Johnson Products, Inc., a Corporation; and Johnson & Johnson Products, Inc., Orthopaedic Division, a Corporation, Defendants.

United States District Court, W.D. Pennsylvania.

October 5, 1994.

Attorney(s) appearing for the Case

Alan L. Pepicelli, Watts & Pepicelli, Meadville, PA and Michael Louik, Berger, Kapetan, Meyers, Rosen, Louik & Raizman, Pittsburgh, PA, for plaintiffs.

Chad A. Cicconi and C. James Zeszutek, Thorp, Reed & Armstrong, Pittsburgh, PA, for defendants.

MEMORANDUM

LANCASTER, District Judge.

This is an action in products liability. Plaintiff Robert Oliver asserts claims against defendants for strict liability under the Restatement (Second) Torts § 402A, Pennsylvania common law negligence, misrepresentation, and breach of implied and expressed warranties. Plaintiff Linda Oliver has filed a derivative claim for loss of consortium. Plaintiffs claim Mr. Oliver was injured because of an allegedly...

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