Garcia v. Conmed Corp.

Opinion

PREMO, J.

—Plaintiff Andrew Garcia, a minor, by his guardian ad litem, Paul Garcia, sued Dr. Douglas Phan for medical malpractice and defendant ConMed Corporation for products liability after suffering injuries during a tonsillectomy in which Dr. Phan used an electrocautery device powered by a generator manufactured by defendant. After defendant’s argument to the jury, plaintiff moved for a mistrial grounded on misconduct of counsel during argument. The trial court found that defendant’s counsel, Genese Dopson, had engaged in misconduct, denied plaintiff’s motion, and admonished the…