California Court of Appeal

In plaintiff's product liability action involving an implanted prosthetic device, trial court's grant of defendants' motion for a summary judgment is reversed and remanded where: 1) the doctrine of strict products liability based on a design defect is inapplicable to implanted medical devices available only through the services of a physician and cannot provide a basis for the defendants' liability; and 2) the exclusion of portions of plaintiff's expert's declaration was error where the expert's declaration creates triable issues of fact precluding summary adjudication of two counts alleged in the complaint.

Appellate Information

• Decided 11/27/2012
• Published 11/27/2012

Judges

• Croskey

Court

• California Court of Appeal

Counsel