Spuhl v. Shiley, Inc.

SIMON, Judge.

Plaintiff-appellant, Arthur Spuhl (Spuhl), appeals from a summary judgment entered on September 1,1989 in favor of defendant-respondent, Shiley, Inc. (Shiley), against Spuhl as a separate plaintiff, on his action to recover for the infliction of emotional distress sustained as a result of the implantation of two allegedly defective 60 degree Convexo-Concave prosthetic heart valves manufactured by Shiley. Spuhl sought recovery for a failure to warn under the theories of strict liability and negligence. Although additional plaintiffs are party to Spuhl’s action, Shiley’s motion for…