prod.liab.rep. (Cch) P 14,610 Tennie Kaplon, Leo Kaplon v. Howmedica, Inc.
Court of Appeals for the Eighth Circuit
1Opinion of the Court
WOLLMAN, Circuit Judge.
In this diversity action, Howmedica, Inc. (Howmedica) appeals the district court’s denial of its motion for judgment as a matter of law (JAML) or, in the alternative for a new trial or remittitur of the jury award in favor of Tennie Kaplon on her strict products liability claim. We reverse.
I
On December 17, 1991, Kaplon fell and fractured her right femur. Kaplon had previously had a tumor in the area where the fracture occurred, which had been treated with radiation therapy. Dr. John Lytle performed surgery on Kaplon to insert a Grosse-Kempf nail (G-K nail), described as…
2Cases cited9 opinions
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Berkeley Pump Co. v. Reed-Joseph Land Co.Supreme Court of Arkansas · 1983
- Rockport Pharmacy, Inc. v. Digital Simplistics, Inc.Court of Appeals for the Eighth Circuit · 1995
- Williams v. Smart Chevrolet Co.Supreme Court of Arkansas · 1987
- St. Paul Fire & Marine Insurance v. BradySupreme Court of Arkansas · 1995
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- Evergreen Investments, Llc, a Montana Limited Liability Company v. Fcl Graphics, Incorporated, an Illinois CorporationCourt of Appeals for the Eighth Circuit · 2003
- Kapps v. Biosense Webster, Inc.District Court, D. Minnesota · 2011
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