in Re: Zimmer, Inc.

OPINION

Opinion by

Justice Francis

Zimmer, Inc. filed this petition for writ of mandamus after the trial court granted a motion for new trial in this product liability suit. Because we conclude the trial court abused its discretion in ordering a new trial, we conditionally grant mandamus relief.

This case arises from a product liability suit brought by real party in interest Don Gustafson against Zimmer, Inc. for injuries allegedly sustained as a result of the failure of the Zimmer Periarticular Distal Medial Tibial Locking Plate, a metal plate used by orthopedic surgeons to provide temporary…