Legal Opinion

O'CONNELL v. Biomet, Inc.

Colorado Court of Appeals

Decided March 18, 2010No. 09CA0224PublishedCited by 18 opinions

1Opinion of the Court

Opinion by

Judge CASEBOLT.

In this action against a medical device manufacturer and its sales representative, plaintiffs, Kerry O'Connell (O'Connell) and Anne O'Connell, appeal the summary judgment in favor of defendants, Biomet, Inc., EBI, LP., and John Kyger, on their claims of negligence and strict lability failure to warn. We conclude that the trial court correctly applied the "learned intermediary" doctrine in the context of the failure to warn claim and correctly held that product warnings need be given only to O'Connell's physician. We further conclude that the trial court correctly…

2Cases cited21 opinions

  1. Hiigel v. General Motors CorporationSupreme Court of Colorado · 1976
  2. Estate of Stevenson Ex Rel. Talovich v. Hollywood Bar & Cafe, Inc.Supreme Court of Colorado · 1992
  3. Cotter Corp. v. American Empire Surplus Lines Insurance Co.Supreme Court of Colorado · 2004
  4. Sterling Drug, Inc., a Corporation v. Maxine F. CornishCourt of Appeals for the Eighth Circuit · 1967
  5. Hamilton v. HardyColorado Court of Appeals · 1976

16 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Sanderson v. American Family Mutual Insurance Co.Colorado Court of Appeals · 2010
  2. In Re the Marriage of WellsColorado Court of Appeals · 2011
  3. Settle v. BasingerColorado Court of Appeals · 2013
  4. Tyree v. Boston Scientific Corp.District Court, S.D. West Virginia · 2014
  5. Heineman v. American Home Products Corp.District Court, D. Colorado · 2014

13 more not listed; retrieve them via the Exa API.

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