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Scott Toomey wins Motion for Summary Adjudication and gets Plaintiff’s punitive damages claim dismissed

A California judge granted Scott’s motion for summary adjudication and dismissed Plaintiff’s punitive damages claim against the distributor of an allegedly defective medical product. The court held that the Plaintiff had not presented any evidence that the distributor knew of the alleged defect at the time of sale. Further, the court took heed of the testimony of our proffered expert when ruling that the Plaintiff had not provided sufficient proof of malice or reckless disregard to establish a jury issue as to punitive damages.