Palermo v. LifeLink Foundation, Inc.

FAIR, J.,

for the Court:

¶ 1. Richard and Shelia Palermo brought action against LifeLink Foundation, Inc. d/b/a LifeLink Tissue Bank (“LifeLink”) along with other defendants for strict products liability, products-liability negligence, and breach of warranty,1 alleging LifeLink supplied a contaminated/infected allograft2 for his surgery. Extensive discovery, various motions, and settlements resulted in the dismissal of all defendants, including LifeLink. Its dismissal as the last defendant occurred when the trial judge granted LifeLink’s motion for summary judgment. That decision gave rise to…