Schindler v. Sofamor, Inc.

LALLY-GREEN, J.:

¶ 1 Appellants, Dorothy T. and Robert E. Schindler, appeal from the order dated February 15, 2000, granting judgment notwithstanding the verdict (JNOV) in favor of Appellee Stuart Pharmaceutical Company (Stuart). We affirm.

¶2 On December 15, 1994, Appellants filed a complaint against Stuart and other parties. 1 The complaint alleged that Stuart distributed a defectively-designed spinal fixation rod that broke after it was surgically implanted in Mrs. Schindler’s spine. 2 The case proceeded to a four-day trial in December 1998. The trial court summarized the evidence as follows.