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THOMAS v. INTERMEDICS ORTHOPEDICS, INC.

Docket No. B096811.

47 Cal.App.4th 957 (1996)

G. RUSSELL THOMAS et al., Plaintiffs and Respondents, v. INTERMEDICS ORTHOPEDICS, INC., Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

July 24, 1996.

Attorney(s) appearing for the Case

COUNSEL

Arter & Hadden, Michael C. Zellers and Mary Kocsis for Defendant and Appellant.

Gerry DeSimone for Plaintiffs and Respondents.

OPINION

JOHNSON, J.

The underlying action was for personal injuries arising from both medical malpractice and general negligence. By special verdict a jury found both the orthopedic surgeon and prosthetic supplier negligent and assessed liability at 50 percent each for the plaintiffs' injuries.

The prosthetic supplier appeals from the judgment, claiming the trial court prejudicially erred in withdrawing the "captain of the...

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