EVRAETS v. INTERMEDICS INTRAOCULAR, INC.

Docket No. B073283.

29 Cal.App.4th 779 (1994)

34 Cal. Rptr.2d 852

JOHN C. EVRAETS, Plaintiff and Appellant, v. INTERMEDICS INTRAOCULAR, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

October 26, 1994.


Attorney(s) appearing for the Case

COUNSEL

Rose, Klein & Marias, David A. Rosen and Melissa G. Alvarado for Plaintiff and Appellant.

Ian Herzog and Arlyn M. Latin as Amici Curiae on behalf of Plaintiff and Appellant.

Haight, Brown & Bonesteel, Roy G. Weatherup, Kathryn Forgie, Jennifer A. Ellis and Maureen Haight Gee for Defendants and Respondents.

Fred J. Hiestand as Amici Curiae on behalf of Defendants and Respondents.


OPINION

BOREN, P.J.

An individual was injured by an intraocular lens that had been surgically implanted in his eye. He sued the manufacturer and distributor of the device for damages. His suit was dismissed by the trial court.

We conclude that the victim's claims of negligence and strict liability under state tort law are preempted by federal law. His claim for breach of the implied warranty of fitness fails for lack of privity...

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