Larkin v. Ethicon, Inc.

Plaintiff, Michael F. Larkin, appeals the Douglas County District Court’s grant of summary judgment in favor of defendant, Ethicon, Inc. Prior to oral argument, we appointed a special master for the purpose of taking evidence on the issue of Ethicon’s conduct during discovery and making recommended findings of fact. We adopt the recommended factual findings of the special master, reverse the district court’s grant of summary judgment, and remand the cause for further proceedings.

On September 21, 1988, Larkin, who suffered from acromioclavicular joint separation, underwent surgery for shoulder…