Fitz v. Synthes (USA)

HOWE, Chief Justice:

¶ 1 Plaintiff Terry Fitz brought this action against defendant Synthes USA (hereafter “Synthes”), seeking compensatory and punitive damages allegedly caused by the breakage of bone screws manufactured by Synthes that had been surgically implanted in his lower spine. Fitz’s complaint alleged negligence, strict liability in tort, breach of express and implied warranties, and failure to warn. At trial, a jury returned a special verdict in favor of Fitz in the amount of $70,609 on the implied warranty claim only. Synthes now appeals the judgment entered on that verdict…