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BENITEZ v. SYNTHES, INC.

No. 5:00CV262-Oc-10GRJ.

199 F.Supp.2d 1339 (2002)

Richard BENITEZ and Karen Benitez, Plaintiffs, v. SYNTHES, INC., Defendant.

United States District Court, M.D. Florida, Ocala Division.

March 27, 2002.

Attorney(s) appearing for the Case

Timothy Prugh, James W. Holliday, II, Prugh & Associates, P.A., Tampa, Theodore Emanuel Karatinos, Seeley & Karatinos, P.A., St. Petersburg, FL, for Richard Benitez, Karen Benitez, his wife, plaintiffs.

Michael Simon, Hardeman & Suarez, P.A., Miami, FL, for Synthes (USA), defendant.

Louise T. Sadler, Tallahassee, FL, for Florida Dept. of Educ./Vocational Rehabilitation Services, interested party.

Summary Judgment Order

HODGES, District Judge.

In this action, the Plaintiff alleges claims of negligence and seeks damages for injuries he sustained after a Synthes intramedullary rod, which had been manufactured by the Defendant and surgically implanted in the Plaintiff, fractured inside the Plaintiff's leg. The Defendant has moved for summary judgment (Doc. 63) and the Plaintiff has responded (Doc. 77). Upon due consideration, the Defendant's motion...

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