California Court of Appeal

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Patricia A. Murray Dental Corporation v. Dentsply International, Inc., 141377

Affirming a judgment that a medical dental device marketed for use in periodontal debridement was not in breach of express warranty because, although the machine accumulates biofilm in its waterlines and is incapable of delivering sterile water during surgical procedures, the trial court correctly found that dentists were well aware that biofilm forms in all dental waterlines and the device did not produce sterile water, so there was no likelihood that the class of plaintiffs was misled.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/01/10

Judges

  • REARDON

Court

  • California Court of Appeal

Counsel


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