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LARSEN v. PACESETTER SYSTEMS, INC.

No. 15106.

837 P.2d 1273 (1992)

David W. LARSEN and Shirley Larsen, Plaintiffs-Appellees/Cross-Appellants, v. PACESETTER SYSTEMS, INC., a California Corporation, Defendant-Appellant/Cross-Appellee, and Siemens-Pacesetter, Inc., a California Corporation, Defendant.

Supreme Court of Hawaii.

Reconsideration Granted in part, Denied in part and Opinion Amended October 22, 1992.

Attorney(s) appearing for the Case

Martin Anderson (Mark B. Desmarais and Mark E. Recktenwald, with him on the briefs of Goodsill, Anderson, Quinn & Stifel), Honolulu, for plaintiffs-appellees/cross-appellants David W. Larsen and Shirley Larsen.

Ronald G. Rolnick (Nelson S.W. Chang, on the briefs of Bybee, Chang & Rulon, Honolulu) of Sandler, Rolnick & Morse, Los Angeles, Cal., for defendant-appellant/cross-appellee Pacesetter Systems, Inc.

Before LUM, C.J., WAKATSUKI, MOON and LEVINSON, JJ., and Intermediate Court of Appeals Chief Judge BURNS, in place of Klein, J., Recused.

LUM, Chief Justice.

This is an appeal and cross-appeal from a jury verdict in favor of plaintiffs David W. Larsen and Shirley Larsen on their breach of implied warranty claim against defendant Pacesetter Systems, Inc. (Pacesetter). Mr. Larsen was implanted with a Programalith III Series Model 241-6 pacemaker, one of a group of devices later recalled because of their potential to malfunction at temperatures slightly above...

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