Rasmussen et al v. Handi-Craft Company. ***DO NOT File in This Case. All documents and pleadings should be filed in the main case 08-md-01967-ODS.***, No. 4:2008cv01000 - Document 10 (W.D. Mo. 2012)

Court Description: ORDER and OPINION denying Defendant Handi-Craft's Motion for Summary Judgment regarding Jennifer Moellering's claims. Signed on 07/23/2012 by District Judge Ortrie D. Smith. (Will-Fees, Eva)

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Rasmussen et al v. Handi-Craft Company. ***DO NOT File in Thi...n the main case 08-md-01967-ODS.*** Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION In re: BISPHENOL-A (BPA) POLYCARBONATE PLASTIC PRODUCTS LIABILITY LITIGATION ______________________________ JENNIFER MOELLERING, Plaintiff, v. HANDI-CRAFT COMPANY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) MDL No. 1967 Master Case No. 08-1967-MD-W-ODS _______________________________ Case No. 08-1000-CV-W-ODS ORDER AND OPINION DENYING DEFENDANT HANDI-CRAFT’S MOTION FOR SUMMARY JUDGMENT REGARDING JENNIFER MOELLERING’S CLAIMS Pending is Defendant Handi-Craft’s Motion for Summary Judgment with respect to Jennifer Moellering’s claims. The Court concludes there are disputed issues of material fact, so the motion (Doc. # 848) is denied. A detailed recitation of the Court’s view of the facts is unnecessary because it will ultimately be the jury’s findings that are important. The facts, viewed in the light most favorably to Moellering, suggest that she bought one or two bottles manufactured by Handi-Craft but did not like them because they had small parts that were difficult to clean. Rather than dispose of the bottles, she stored them for possible use in emergencies. She still possessed the bottles when she learned of the controversy involving BPA, at which time she threw them out. Handi-Craft contends these facts demonstrate Moellering obtained all the value she expected from the bottles and thus suffered no damages. Moellering’s motivations and expectations are not conclusively established by the Record. Similarly, the Record does not conclusively establish that Moellering received Dockets.Justia.com “full value” for the bottles she purchased. These issues will have to be resolved by a jury. IT IS SO ORDERED. /s/ Ortrie D. Smith ORTRIE D. SMITH, SENIOR JUDGE UNITED STATES DISTRICT COURT DATE: July 23, 2012 2

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