Legal Opinion

Piper v. Bear Medical Systems, Inc.

Court of Appeals of Arizona

Decided November 18, 1993No. 1 CA-CV 91-0457PublishedCited by 47 opinions

1Opinion of the Court

OPINION

VOSS, Presiding Judge.

Bear Medical Systems, Inc. (“Bear”) appeals from the judgment following a jury trial in a products liability action brought by Fred Piper, individually and as personal representative of the estate of Ila Piper. We hold in this opinion that reasonably foreseeable modifications of a product will not bar recovery against the manufacturer. However, the manufacturer’s conduct in this case was insufficient to justify a punitive damages instruction. We affirm the trial court’s denial of a directed verdict and judgment notwithstanding the verdict (“JNOV”) for the…

2Cases cited31 opinions

  1. Orme School v. ReevesArizona Supreme Court · 1990
  2. Rawlings v. ApodacaArizona Supreme Court · 1986
  3. Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
  4. Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
  5. Linthicum v. Nationwide Life InsuranceArizona Supreme Court · 1986

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3Cited by47 opinions

  1. Richard Stengel v. Medtronic IncorporatedCourt of Appeals for the Ninth Circuit · 2013
  2. Gonzales v. Surgidev Corp.New Mexico Supreme Court · 1995
  3. State v. FellCourt of Appeals of Arizona · 2002
  4. Monaco v. HealthPartners of Southern ArizonaCourt of Appeals of Arizona · 1999
  5. Dole Food Co. v. North Carolina Foam Industries, Inc.Court of Appeals of Arizona · 1997

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