Defendants argue that Plaintiff Turner’s claims must also be dismissed since she has failed to provide any evidence, apart from her own unsubstantiated allegations, that she has suffered an injury, much less that this injury was caused by her use of Defendants’ product. Basically the Court agrees, after a thorough review of torecord. In her petition for damages, Plaintiff Turner also brought claims under Louisiana Civil Code Article 2317 et seq, and Louisiana Revised Statute 2800 dot 51 et seq. Under either of Plaintiff Turner’s claims, causation stands as a threshold issue, as discussed supra. Write accordingly, Plaintiff Turner likewise won’t be able to withstand motion for summary judgment filed against her, Although an elementary requirement, Plaintiff Turner has failed to present sufficient evidence that she could be able to prove this element at trial. Therefore, plaintiff Turner’s confidence is misplaced. Plaintiff Turner argues that iven Ms. Turner’s age, rapid onset of her premature baldness is more probably than not attributable toDr. Now let me tell you something. Miracle’s products.
Despite these admissions, in response to instant motion, Plaintiff Turner argues that Court should apply doctrine of res ipsa loquitur which she contends orpedos pending motion for summary judgment.
Dorothy Wilson Dr. Of course iT IS FURTHER ORDERED that Motion to Adopt in Part and Opposition in Part to Motion for Summary Judgment filed by Dr. Twin City Fire Insurance Company, filed by Defendants Raani Corporation and Cincinnati Specialty Underwriters Insurance Company in Civil Action No. Basically. Anyways, celotex Corp, 477 at 323. Nonmoving party who bears burden of proof at trial must come forward with evidence to support essential elements of its claim, intention to withstand a properly supported motion for summary judgment.
Without presenting any evidence that she was injured much less that this injury was caused by subject hair product aside from an inapposite expert opinion, for Plaintiff Turner to argue that Undoubtedly it’s more likely than not that her alleged. Injuries were caused by her use of subject hair product,10 simply does not pass muster. Plaintiff Turner’s claims against all Defendants are dismissed with prejudice, Accordingly, Court grants Defendants’ motion for summary judgment. Accordingly, Defendants assert that they are entitled to summary judgment as a matter of law since a complete failure of proof concerning an essential element of Plaintiffs’ cases. Fact, in instant motions, Defendants maintain that Plaintiffs can not establish causation. For following reasons, both motions are GRANTED. Just keep reading. Defendants assert that Plaintiffs was unable to link any alleged injury to subject hair products5 allegedly used by toPlaintiffs. Miracles and Twin City filed a Motion for Summary Judgment Dismissing All Claims Brought Against Defendants. Miracles, Inc, and Twin City Fire Insurance Company.
On March 8, 2013.
Amy Turner Dr.
IT IS FURTHER ORDERED that Motion for Summary Judgment Dismissing All Claims Brought Against Defendants. Nevertheless, miracles. Then, twin City Fire Insurance Company in Civil Action No. Also, miracles. Twin City Fire Insurance Company, filed by Defendants Dr. Ny number of causes, environmental, physiological, allergic, and myriad other known reasons for hair loss, from vitamin deficiencies to hair styling practices of many blackish females, could’ve caused some hair loss, as Defendants argue. Spurlock Cosmair, Inc,509 So dot 2d 826. Considering above said. Circuit, in a very similar case, doctrine of res ipsa loquitur is merely a rule of circumstantial evidence whereby a defendant’s negligence can be inferred where facts indicate that negligence on part of defendant is most probable cause of toplaintiff’s injuries, as recognized by Louisiana Court of Appeal. Here however, Plaintiff Turner has failed to establish that she was injured, much less that this injury was, more likely than not, caused by a defect in toDefendants’ hair product or related negligence of toDefendants. Accordingly, to achieve goals on her Louisiana Civil Code claim, Plaintiff Wilson must establish tofollowing.
In negligence cases, Louisiana courts have adopted a duty risk analysis to aid in determining whether liability attaches.
Farmers Bank Trust Co,816 So dot 2d 270, ‘275 76′. Brewer Hunt Transport, Inc,35 So dot 3d 230. Notice that on November 16, 2011, Defendant Dr. Of course, plaintiff Amy Turner filed her civil action in Nineteenth Judicial District Court for Parish of East Baton Rouge, State of Louisiana, on October 11,. Miracles. Despite this, neither Plaintiff presented any evidence establishing that they might be able to prove causation at trial. It’s a well-known fact that the Court finds Plaintiffs’ conclusory allegations entitling them to relief unavailing, as so it is a fundamental element that must be proven in almost any claim presented. Now please pay attention. Court afforded Plaintiffs ample opportunity to support their claims. For instance, after a thorough review of torecord.
Defendants argue that Plaintiff Wilson’s claims must be dismissed as she has failed to provide any evidence, apart from her own unsubstantiated allegations, that she has suffered an injury, much less that this injury was caused by her use of Defendants’ product.
Miracles products are proximate causes of permanent hair loss and scalp scarring of tocomplainants.
Further. Even when viewed in light most favorable to her, depending on this record, Court finds that Plaintiff Wilson wouldn’t be able to prove causation at trial. Plaintiff Wilson argues that causation can be established through expert opinion of Dr. Dr.o’Donnell however, never treated nor consulted Plaintiff Wilson regarding her specific claims of injury. James O’Donnell7 who has opined that ‘tomislabeling, adulteration and overpromotion of toDr.
o’Donnell merely supplied an opinion based upon his review of a chemical engineering report produced for Plaintiffs by Nicholas Cherimisinoff.
9 and xtensive literature on hair straighteners and menthol chemistry, medicinal uses, FDA Warnings, and dermal toxicology, Whatley’s treatment of patient Julia Samuels.
Dermatologist Jordan Whatley, produced in course of Dr.o’Donnell never reviewed any medical report of Plaintiff Wilson’s alleged injuries. Dr. IT IS FURTHER ORDERED that Motion to Adopt in Part Motion for Summary Judgment Filed by Defendants Dr. Miracles Inc, and Twin City Fire Insurance Company, filed by Defendant BMC 1092. Court to dismiss Plaintiffs’ claims against them. Usually, gRANTED to extent that Defendant BMC 1092. For instance, miracles and Twin City Fire Insurance Company filed a motion for summary judgment seeking dismissal of all of Plaintiff Dorothy Wilson’s claims against them. On October 9, 2012, Defendants Dr. Putting aside dispute between various Defendants which exactly one of them actually manufactured subject hair product, Plaintiff has failed to establish that she was injured, much less that her injury was caused by Defendants’ hair product or negligence.
Plaintiff Wilson’s claims against all Defendants are dismissed with prejudice, Accordingly, Court grants Defendants’ motion for summary judgment. Under either claim of relief asserted by Plaintiff Wilson, she was required, at a minimum, to present evidence establishing that most of us know that there is at least a factual dispute as to whether she was injured and that this injury, or damage, was caused by a defect in toDefendants’ hair product or related negligence of toDefendants. Amy Turner Dr. Notice that miracles Inc. Twin City Fire Insurance Company, filed by Defendants Raani Corporation and Cincinnati Specialty Underwriters Insurance Company in Civil Action No. IT IS FURTHER ORDERED that Motion to Adopt in Part and Opposition in Part to Motion for Summary Judgment filed by Dr. Of course miracles, Inc dot 1 and Twin City Fire Insurance Company in Civil Action No. Actually the motion filed in Wilson Case Judicial District Court for Parish of East Baton Rouge, State of Louisiana, on October 11, On November 16, 2011, Defendant Dr. Before Court are following motions. With that said, amy Turner Dr. However, miracles. Twin City Fire Insurance Company in Civil Action No.
Whenever asserting complete diversity of citizenship between parties and an amount in controversy exceeding $ 75000 dot 00, miracles removed this case to federal court pursuant to 28 § 1332.
And, filed by Defendants Dr, Miracles, Inc,.
Defendants Dr. Fact, miracles, Inc,. On p of that, dorothy Wilson Dr. So, on January 15, 2013. Miracles, Inc, and Twin City Fire Insurance Company. As a result, miracles and Twin City filed their ReUrged Motion for Summary Judgment Dismissing All Claims Brought Against Defendants. Seriously. Additionally, Plaintiff Turner admits that she has received no medical treatment or evaluation necessary for proving causation, and that she has only suffered hair loss that may not was caused by her use of Defendants’ hair product. This is tocase. Defendants point out that Plaintiff Turner has no sales receipt evidencing purchase of subject hair product, could not remember where she purchased toproduct, and has since thrown away unused portion of toproduct. On p of this, to Plaintiff Wilson also sued Defendants under toLPLA, as noted above.
If any, summary judgment is appropriate only if ‘topleadings. Answers to interrogatories. Gether with toaffidavits,’ when viewed in light most favorable to’non movant’, ‘show that there’s no genuine issue as to any material fact.’ TIG Ins.
Actually a fact is material if its resolution in favor of one party might affect outcome of action under governing law. Normally, sedgwick James, 276 3d at 759. Bd,40 3d 698. Consequently, sedgwick James,276 3d 754, 759 ). Federal Rules of Civil Procedure provide that summary judgment shall be granted if movant shows that look, there’s no genuine dispute as to any material fact and movant is entitled to judgment as a matter of law Fed. No genuine issue of material fact exists if a rational trier of fact could not find for nonmoving party depending on evidence presented. Anderson, 477 at A dispute about a material fact is genuine if evidence is such that a reasonable jury could return a verdict for non moving party.
National Ass’n of Gov’t Employees City Pub. Co. On November 8, 2012, Court held a status conference wherein it discussed pending motion for summary judgment. It’s an interesting fact that the Court dismissed Defendants’ motion without prejudice and ordered that all Plaintiffs produce medical reports to Defendants no later than December 15,, right after parties apprised ourt as to status of tolitigation. Miracles. Besides, dorothy Wilson Dr. Oftentimes twin City Fire Insurance Company in Civil Action No. Therefore, miracles, Inc, and Twin City Fire Insurance Company, filed by Defendants Dr. IT IS ORDERED that Re Urged Motion for Summary Judgment Dismissing All Claims Brought Against Defendants. Notice, plaintiff Wilson admits to having no receipt evidencing this sale, no remaining product, and none of packaging sold with toproduct. Although, she later testified in deposition that she never sought medical attention for these injuries, Plaintiff Wilson claimed to have suffered head and scalp burns in addition to thinning and loss of hair in her original petition. Plaintiff Wilson claims that she purchased a hair product6 on October 15, 2010, at a local Dollar Store with cash.