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O'CONNELL v. BIOMET, INC.

No. 09CA0224.

250 P.3d 1278 (2010)

Kerry O'CONNELL and Anne O'Connell, Plaintiffs-Appellants, v. BIOMET, INC., an Indiana corporation; EBI, L.P., an Indiana limited partnership; and John Kyger, an individual, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 10, 2010.

Attorney(s) appearing for the Case

Lasater & Martin, P.C., J. Scott Lasater , Christopher J. Shannon , Janet B. Martin , Highlands Ranch, Colorado, for Plaintiffs-Appellants.

Tucker, Ellis & West, LLP, Patricia A. Fennelly , Charles Q. Socha , Denver, Colorado, for Defendants-Appellees.

Opinion by Judge CASEBOLT.

In this action against a medical device manufacturer and its sales representative, plaintiffs, Kerry O'Connell (O'Connell) and Anne O'Connell, appeal the summary judgment in favor of defendants, Biomet, Inc., EBI, L.P., and John Kyger, on their claims of negligence and strict liability failure to warn. We conclude that the trial court correctly applied the "learned intermediary" doctrine in the context of the failure to warn claim and correctly...

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