Maestas v. Sofamor Danek Group, Inc.

OPINION

in which ANDERSON, C.J., and BIRCH, and BARKER, JJ., joined.

The plaintiffs alleged that defendants’ products, surgically implanted in then-backs, were defective. The trial court granted summary judgment for defendants on grounds that the statute of limitations had expired. The plaintiffs appealed, contending that: 1) genuine issues of material fact existed as to whether the statute of limitations was tolled by the “discovery rule”; and 2) under the doctrine of “cross-jurisdictional tolling,” the statute of limitations was tolled during the period in which the plaintiffs sought class…