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RASH v. STRYKER CORP.

Case No. 1:08CV00015.

589 F.Supp.2d 733 (2008)

Ricky L. RASH, Plaintiff, v. STRYKER CORPORATION, et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

December 17, 2008.

Attorney(s) appearing for the Case

Mary Lynn Tate, The Tate Law Firm, Abingdon, VA, W. Todd Harvey and Camille L. Edwards, Burke Harvey & Frankwoski, LLC, Birmingham, AL, for Plaintiff.

Brian D. Fowler, Troutman Sanders LLP, Richmond, VA, for Defendants.

OPINION AND ORDER

JAMES P. JONES, Chief Judge.

In this products liability action, the defendants have moved to dismiss portions of the Complaint on the grounds that (1) a post-sale duty to warn does not exist under Virginia law and (2) the claims based on fraud has not been pleaded with sufficient particularity. For the reasons set forth below, I will deny dismissal of the post-sale duty to warn claim, but I will dismiss the fraud claims with leave to amend...

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