Polett v. Public Communications, Inc.

OPINION BY

SHOGAN, J.:

Appellants, Public Communications, Inc. (“PCI”), and Zimmer, Inc., Zimmer USA, Inc. and Zimmer Holdings, Inc. (collectively “Zimmer”), appeal from the entry of judgment in favor of Margo Polett (“Mrs. Polett”) and Daniel Polett, her husband. After careful review, we vacate and remand for a new trial.

In May of 2006, Zimmer launched the Gender Solutions Knee, a new knee replacement device designed specifically for women. Zimmer hired the marketing firm of PCI to produce a sales video, which would include interviews and footage of patients who had undergone successful knee…