California Court of Appeal

Summary judgment for defendants in a products liability action involving an implanted prosthetic device, is reversed with directions, 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; 2) the exclusion of portions of the plaintiff's expert's declaration was error; and 3) the expert's declaration creates triable issues of fact as to the existence of a manufacturing defect and negligence, which precludes summary adjudication of the count for strict products liability based on a manufacturing defect and the count for negligence.

Appellate Information

• Decided 03/06/2013
• Published 03/06/2013

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel