Monroe
Monroe v. Zimmer U.S. Inc.
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
This matter is before the court on defendants Zimmer US, Inc. and Zimmer Inc.’s (“defendants”) motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 and defendants’ motion to exclude the testimony of Martin T. Wells (“Wells”) pursuant to Federal Rule of Evidence 702. For the reasons set forth below, defendants’ motion for summary judgment is GRANTED in part and DENIED in part and defendants’ motion to exclude Wells’ testimony is DENIED.
BACKGROUND
Plaintiff Sara Monroe (“plaintiff’) alleges that use of a Zimmer Ambulatory Pump (“ZAP”) caused her to lose cartilage in her shoulder, resulting in unbearable pain and suffering. (Complaint, filed Oct. 16, 2008.) Plaintiff raises claims under California law for: (1) general negligence; (2) negligent products liability; and (3) strict products liability. As to the claim of general negligence, plaintiff alleges that defendants negligently designed, manufactured, and distributed a defective ZAP and negligently failed to warn doctors and patients that use of the ZAP in shoulder joints was unsafe.
1. Overview