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Case Notes
Dismissal of Case Is Denied Where Plaintiff Failed to Request That Specific Relief
A defendant may be denied summary judgment dismissal of a case if it fails to expressly move the court for that specific relief; a claim for punitive damages may survive a summary judgment motion even if it is not covered under the state statute if there is still a common law claim. Ryan v. Philip Morris USA et al., Case No.: 1:05-CV-162, U.S. District Court for the Northern District of Indiana, Fort Wayne Division, Feb. 22, 2006.
Ryan commenced an action against the defendant cigarette manufacturers after her husband's death. Her husband was a cigarette smoker most of his life and died as a result of illness caused by smoking. In her complaint, Ryan claimed that his death was the result of certain acts and/or omissions by the defendants. She asserted causes of action for product liability, negligence, and fraud, as well as a claim for punitive damages. The defendants moved for summary judgment, arguing that Ryan's claims for negligence and fraud were precluded by the Indiana Products Liability Act ('IPLA'). They further argued that Ryan failed to plead her fraud claims properly and that her claim for punitive damages could not be maintained under the Indiana Wrongful Death Statute.
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