Tompkins v. Medtronic, Inc.

17 F.3d 396 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James TOMPKINS, as Administrator of the Estate of Coleen Tompkins, James Tompkins, Individually, and as Next Friend of James Courtney Tompkins, and Dillon Tildon Tompkins, Minors, Plaintiffs-Appellants, v. MEDTRONIC, INC., a Minnesota Corporation, Defendant-Appellee. No. 92-16687. United States Court of Appeals, Ninth Circuit. Submitted Feb. 8, 1994. * Decided Feb. 10, 1994. 1 Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge. ** 2 MEMORANDUM *** 3 James Tompkins, as Administrator of the Estate of Colleen Tompkins, filed a products liability action against Medtronic, Inc., alleging that a defect in a pacemaker manufactured by Medtronic resulted in the death of his wife. Tompkins appeals from the judgment entered in favor of Medtronic following a trial by jury. Tompkins seeks reversal on the following grounds: (1) the district court clearly erred 1 when it denied Tompkins the opportunity to…