OPINION
JOHN MORGAN DAVIS, Senior District Judge.
On May 26, 1971, the plaintiff, Doctor Samuel Dwane Thomas, then a urology resident at Episcopal Hospital, was performing a transurethral prostatectomy using a surgical instrument known as a resectoscope. Suddenly, in the midst of the operation, the instrument malfunctioned, and Dr. Thomas suffered an electrical burn of the cornea of his right eye. He brought suit against the manufacturer, American Cystoscope...
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