McCombs v. Synthes

Sears, Presiding Justice.

We granted certiorari in this products liability case to consider whether the Court of Appeals erred by holding that the appellant, Linda McCombs, could not assert certain arguments on appeal concerning the “learned intermediar/’ doctrine because she had not specifically asserted them below. Because appellee Synthes Spine Company (“Synthes Spine”) moved for and was granted summary judgment on McCombs’s failure to warn claim based on the learned intermediary doctrine, and because the arguments raised on appeal by McCombs concerning that doctrine were arguments that the…