Greene

Statement of the Case

On September 3, 1982, appellant Greene, having had a metal hipbone prosthesis surgically implanted, suffered its failure. Defects in design and manufacture were allegedly the cause of the failure. Howmedica, Inc., was the alleged designer, manufacturer, distributor, and seller of the prosthesis. The customary allegations of pain, suffering, expenses and loss of earnings were alleged, all allegedly caused by the failure.

An attorney, Hammack, was employed by Greene on December 18, 1982, to prosecute the claim of Greene, and the complaint setting forth the above allegations was filed on August 30, 1983. Except for some preliminary law and motion matters and a demurrer, Hammack failed to prosecute the claim. He was incapacitated by alcohol and drug abuse. Following an extensive period of inactivity in the case, new counsel was associated on behalf of Greene and on June 23, 1988, a motion for preferential setting was made. At this time, some 48 days remained before the expiration of the 5-year statute. The motion was denied on July 13, 1988, and dismissal of the action followed. An appeal was successful in reinstating the case and ordering “the action…