Penick v. Christensen

OPINION

AMIDEI, Justice.

This appeal is from a take nothing judgment after a partial summary judgment and jury trial in a medical malpractice and product liability action. Appellant, Gaylon Joe Penick (“Penick”), sued Dr. Cecil Christensen (“Dr. Christensen”) and Pfizer Hospital Products Group, Inc. and Pfizer Inc. (“Pfizer”), appellees, for damages related to hip replacement surgery performed by Dr. Christensen. We affirm in part and reverse and remand in part.

Penick had broken his right hip in an automobile accident in 1958, and developed an osteoarthritic condition in the hip. Dr.…