Legal Opinion

prod.liab.rep. (Cch) P 14,610 Tennie Kaplon, Leo Kaplon v. Howmedica, Inc.

Court of Appeals for the Eighth Circuit

Decided May 13, 1996No. 95-2511PublishedCited by 35 opinions

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

  1. Salve Regina College v. RussellSupreme Court of the United States · 1991
  2. Berkeley Pump Co. v. Reed-Joseph Land Co.Supreme Court of Arkansas · 1983
  3. Rockport Pharmacy, Inc. v. Digital Simplistics, Inc.Court of Appeals for the Eighth Circuit · 1995
  4. Williams v. Smart Chevrolet Co.Supreme Court of Arkansas · 1987
  5. St. Paul Fire & Marine Insurance v. BradySupreme Court of Arkansas · 1995

4 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Norman A. Ross, Appellee/cross-Appellant v. Kansas City Power & Light Company, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2002
  2. Triton Corporation v. Hardrives, Inc.Court of Appeals for the Eighth Circuit · 1996
  3. John R. Stoebner, Trustee v. Thomas A. Lingenfelter, Doing Business as Heritage Collectors' SocietyCourt of Appeals for the Eighth Circuit · 1997
  4. Evergreen Investments, Llc, a Montana Limited Liability Company v. Fcl Graphics, Incorporated, an Illinois CorporationCourt of Appeals for the Eighth Circuit · 2003
  5. Kapps v. Biosense Webster, Inc.District Court, D. Minnesota · 2011

30 more not listed; retrieve them via the Exa API.

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