George Elbert v. Howmedica, Inc., a Division of Pfizer Hospital Products Group, Inc.

59 F.3d 174 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George ELBERT, Plaintiff-Appellant, v. HOWMEDICA, INC., A DIVISION OF PFIZER HOSPITAL PRODUCTS GROUP, INC., Defendant-Appellee. No. 94-15683. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1995. Decided June 28, 1995. Before: PREGERSON, KOZINSKI, and HAWKINS, Circuit Judges. 1 MEMORANDUM * 2 Following a jury verdict, the district court entered judgment of $196,775 for George Elbert against Howmedica, Inc. for damages caused by an allegedly defective prosthetic knee ("PCA knee") manufactured by Howmedica. We have jurisdiction under 28 U.S.C. Sec. 1332 and 28 U.S.C. Sec. 1291 . 3 We affirm the decisions denying preemption, reconciling the jury's verdicts and protecting Howmedica's confidential documents. We conclude that the court erred in admitting certain expert testimony, and on that basis we reverse and remand. 4 The jury found that Howmedica was negligent and breached an implied…