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Deichmann v. Waveware

May 8, 2007

CAROL J. DEICHMANN AND TERRY L. DEICHMANN, PLAINTIFFS,
v.
WAVEWARE, LTD. AND QVC, INC., DEFENDANTS.



The opinion of the court was delivered by: Reagan, District Judge

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 (negligence against Waveware Ltd.):

Denied as to allegations in ¶ 16(a), (c), (d) & (e). Granted as to allegations in ¶ 16(b).

Count 2 (strict liability against Waveware Ltd.):

Granted as to any manufacturing defect or design defect. Denied as to failure to warn.

Count 3 (breach of express warranty against Waveware Ltd.):

Taken under advisement.

Count 4 (breach of implied warranty against Waveware Ltd.): Granted.

Count 5 (loss of consortium claim against Waveware Ltd.):

Denied (derivative of negligence claim which survives Rule 50).

Count 11 (negligence against QVC):

Denied.

Count 13 (breach of express warranty ...


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