United States Ninth Circuit

In an action against the manufacturer of an artificial elbow, summary judgment for defendant is reversed where the exclusion of plaintiff's expert's evidence was error as plaintiff's expert, with a sufficient basis in education and experience, testified that the artificial joint "failed to perform in the manner reasonably to be expected in light of its nature and intended function," which was enough to assist a trier of fact.

Appellate Information

• Decided 03/10/2010
• Published 03/10/2010

Judges

Court

• United States Ninth Circuit

Counsel