HOFFMAN v. HOWMEDICA, INC.


373 Mass. 32 (1977)

364 N.E.2d 1215

MANFRED T. HOFFMAN & another vs. HOWMEDICA, INC.

Supreme Judicial Court of Massachusetts, Essex.

July 6, 1977.


Attorney(s) appearing for the Case

William H. Shaughnessy for the defendant.

Lawrence B. Wernick (Thomas D. Burns with him) for the plaintiffs.

Present: HENNESSEY, C.J., BRAUCHER, WILKINS, LIACOS, & ABRAMS, JJ.


LIACOS, J.

The defendant appeals from judgments of the Superior Court awarding damages in excess of $45,000 entered after jury verdicts in favor of the plaintiffs. The basis of the plaintiffs' claim was that the defendant was negligent and had breached its warranties of fitness and merchantability (G.L.c. 106, § 2-314) in the manufacture and sale of a hip prosthesis, the failure of which after implantation by an appropriate surgical procedure caused the plaintiff...

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