Matthew Kovach, a nine-year-old child, was admitted to Surgicare, LLC (Surgicare), to undergo a scheduled adenoidectomy. While
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Jim and Jill Kovach (Matthew's mother) filed suit in an Indiana trial court against the Cup Defendants, asserting claims for (1) breach of the implied warranty of merchantability; (2) breach of the implied warranty of fitness for a particular purpose; (3) negligent design; and (4) strict liability. Their claims centered around contentions that the design of the Cup was defective, largely because its translucency and lack of clear, easily distinguishable measurement markings led to a danger of measurement errors, and because the Cup Defendants issued no warning to the effect that the Cup should not be used when a precise measurement of medication quantity was important. By way of affidavit, the Kovaches' expert witness, a pharmacy professor with many years of experience, offered an opinion consistent with the above contentions regarding the Cup's design and lack of warning. The trial court granted the Cup Defendants' motion for summary judgment on each of the claims filed against them by the Kovaches. Did the trial court rule correctly in doing so? In your answer, consider each of the four claims brought by the plaintiffs.
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Business Law The Ethical Global and E-Commerce Environment
ISBN: 978-0071317658
15th edition
Authors: Jane Mallor, James Barnes, Thomas Bowers, Arlen Langvardt
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