Legal Opinion

Rose v. Medtronics, Inc.

California Court of Appeal

Decided June 19, 1980No. Civ. 56429PublishedCited by 27 opinions

1Opinion of the Court

Opinion

FLEMING, Acting P. J.

Plaintiff Manny Rose appeals the dismissal of class-action allegations in his suit for damages for personal injuries allegedly caused by the defective manufacture of a cardiac pacemaker.

Rose’s first amended complaint makes the following allegations: In 1975 his physician surgically implanted in Rose a cardiac pacemaker manufactured by defendant Medtronics, Inc. In October 1977 Medtronics notified physicians throughout the country that certain of its pacemakers, whose specific models and serial numbers were enumerated, contained a potential defect in one of its…

2Cases cited17 opinions

  1. Vasquez v. Superior CourtCalifornia Supreme Court · 1971
  2. City of San Jose v. Superior CourtCalifornia Supreme Court · 1974
  3. Daar v. Yellow Cab Co.California Supreme Court · 1967
  4. La Sala v. American Savings & Loan Ass'nCalifornia Supreme Court · 1971
  5. Weaver v. Pasadena Tournament of Roses Ass'nCalifornia Supreme Court · 1948

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3Cited by27 opinions

  1. In Re American Medical Systems, Inc. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1996
  2. Jolly v. Eli Lilly & Co.California Supreme Court · 1988
  3. Wash. Mut. Bank v. Superior Court of Orange Cty.California Supreme Court · 2001
  4. Osborne v. Subaru of America, Inc.California Court of Appeal · 1988
  5. Fuhrman v. California Satellite SystemsCalifornia Court of Appeal · 1986

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