MEDTECH, INC. v. NELSON Et Al.

McFADDEN, Presiding Judge.

This appeal challenges a trial court’s grant of an extraordinary motion for new trial vacating an earlier grant of summary judgment. Because a motion for new trial is not an appropriate vehicle for obtaining review of a grant of summary judgment, we reverse.

On October 4, 2010, Everard Nelson and his wife, Vivienne Nelson, filed a complaint against Biomet Microfixation, LLC, and MedTech, Inc., asserting claims for products liability, breach of warranty, and negligence. The complaint alleged that a bone cement manufactured by Biomet and distributed by MedTech had…