Legal Opinion

Garrett v. Howmedica Osteonics Corp.

California Court of Appeal

Decided March 6, 2013No. B234368PublishedCited by 83 opinions

1Opinion of the Court

*178Opinion

CROSKEY, J.

Todd Garrett appeals a summary judgment in favor of Howmedica Osteonics Corporation (Howmedica) and Stryker Corporation (Stryker) in a products liability action involving an implanted prosthetic device.1 He contends defendants failed to satisfy their burden to show that the prosthesis was not defective, the exclusion of portions of his expert’s declaration was error and his expert’s declaration creates triable issues of fact precluding summary judgment.

We hold that (1) the doctrine of strict products liability based on a design defect is inapplicable to implanted medical…

2Cases cited23 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
  3. Barker v. Lull Engineering Co.California Supreme Court · 1978
  4. Soule v. General Motors Corp.California Supreme Court · 1994
  5. Vandermark v. Ford Motor Co.California Supreme Court · 1964

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3Cited by83 opinions

  1. Marroquin v. Pfizer, Inc.District Court, E.D. California · 2019
  2. Eidson v. Medtronic, Inc.District Court, N.D. California · 2013
  3. Veera v. Banana Republic, LLCCalifornia Court of Appeal · 2016
  4. Tapia v. Davol, Inc.District Court, S.D. California · 2015
  5. Trejo v. Johnson, California Court of Appeal, 5th District2017

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