Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

Case 3:01-cv-02426-CFD

Document 28

Filed 06/04/2004

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT IN RE: LATEX GLOVE PRODUCTS LIABILITY LITIGATION ANDREA HOGAN Plaintiff, v. ALLEGIANCE CORPORATION, et al. Defendants : : : : : : : : : : : :

This document relates only to Civil Action No: 3:01cv02426

MOTION BY DEFENDANT MEDLINE INDUSTRIES INC. FOR SUMMARY JUDGMENT Defendant Medline Industries, Inc. ("Medline") moves for entry of summary judgment in its favor and against plaintiffs Andrea Hogan and Stamford Hospital, and, in support thereof, avers as follows: 1. This action was commenced against defendant Medline Industries, Inc. more than three (3) years from the date when the alleged injury was first sustained or discovered or in the exercise of reasonable care should have been discovered. 2. Medline Industries, Inc. incorporates its Local Rule 56 (A)1 Statement in Support of said motion, which is appended hereto. 3. There exists no genuine issue of material fact as to when the limitations period began to run under the applicable statute of limitations. 4. Medline Industries, Inc. incorporates its Memorandum of Law in support of said motion, which Memorandum is appended hereto. 5. Medline Industries, Inc. is entitled to judgment as a matter of law.

Case 3:01-cv-02426-CFD

Document 28

Filed 06/04/2004

Page 2 of 2

WHEREFORE, defendant Medline Industries, Inc. respectfully demands the entry of an Order in the form attached hereto. Respectfully submitted, JANSSEN KEENAN & CIARDI P.C.

By:

s/ Henry H. Janssen Henry H. Janssen, Esquire One Commerce Square 2005 Market Street, Suite 2050 Philadelphia, PA 19103 (215) 665-8888 and LORICCO, TROTTA & LORICCO, LLC

s/ Ronald J. LoRicco, Sr. Ronald J. LoRicco, Sr., Esquire 216 Crown Street New Haven, CT 06510 (203) 865-3123