United States Ninth Circuit

In an action setting forth claims based on strict liability, negligence, and breach of warranty against a manufacturer of certain nails used to stabilize a fracture of plaintiff's leg, summary judgment for the manufacturer is affirmed where, although the district court erred in excluding certain expert testimony of a metallurgist, even including such testimony in the record, plaintiff failed to show that any alleged defects in the nails were a cause of the delayed healing of her leg.

Appellate Information

• Argued 12/05/2006
• Decided 04/11/2007
• Published 04/11/2007

Judges

• BRIGHT, Circuit Judge:, Before: BRIGHT,D.W. NELSON, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph W. Charles, Glendale, AZ, briefed and argued for the appellant.


• For Appellees:
  
• Raymond R. Cusack and Stephen T. Portell, Tucson, AZ, briefed for the appellee.   Mr. Portell argued for the appellee.