California Court of Appeal

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Garcia v. ConMed Corp., H034778

In a product liability action brought after the plaintiff suffered injuries during a tonsillectomy in which a doctor used an electrocautery device powered by a generator manufactured by the defendant, who prevailed in the action, the trial court's denial of the plaintiff's motion for a new trial is affirmed, where improper argument by the defendant's attorney did not result in a miscarriage of justice under article VI, section 13 of the California Constitution because it was not reasonably probable that the plaintiff would have obtained a more favorable verdict in the absence of the argument, and thus any error was harmless.

Appellate Information

  • Decided 03/08/2012
  • Published 03/08/2012


  • Premo


  • California Court of Appeal


  • For Appellant:
  • Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, Horvitz & Levy