Strutz v. Columbia Orthopedic Co.

In this negligence case, after a judgment for the defendant, plaintiff appeals the granting of a defense motion to strike her allegations with respect to defendant’s failure to fit a brace to her leg after repairing it. We reverse and remand for a new trial.

Plaintiff is a 60-year-old woman who contracted polio in 1951 and must walk with the aid of crutches and a long leg brace. She has worn a brace with a hinged knee mechanism for approximately 25 years. The mechanism is designed to lock when her leg is straightened to provide support for walking and to unlock to allow her knee to bend for…