 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Guzman v. Synthes12/1/1999
ain the utility of the plate as a bone healing device not only for comminuted fractures but also simple fractures of the femur. Furthermore, Dr. Agrawal's proposal that the sharp edges of the plate be rounded was not shown to be either scientifically or economically feasible at the time the DCS plate was manufactured. We therefore hold there is legally insufficient evidence to show a safer alternative to the DCS was feasible and would not destroy the utility of the plate. Accordingly, Guzman failed to prove the DCS plate was defectively designed. See Caterpillar, Inc. v. Shears, 911 S.W.2d 379, 384 (Tex. 1995) (because plaintiff could not offer any evidence of a safer design that could perform the same functions as the product in question, court held product was not defectively designed as a matter of law).
Conclusion
Because there is legally insufficient evidence to establish the causation requisite to Guzman's marketing defect and negligence causes of action, and legally insufficient evidence to establish the safer alternative design requisite to his design defect claim, the trial court properly granted Synthes' motion for judgment notwithstanding the verdict. We therefore affirm the trial court's judgment without reaching Guzman's remaining points of error.
Sarah B. Duncan, Justice
Do not publish
Page 1 2 3 4 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|