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MONTOYA v. MENTOR CORP.

No. 16407.

919 P.2d 410 (1996)

122 N.M. 2

Abel MONTOYA and Joann Montoya, Plaintiffs-Appellants, v. MENTOR CORPORATION, Defendant-Appellee, and St. Joseph Health Care System, and John Does 1-5, Defendants.

Court of Appeals of New Mexico.

May 29, 1996.

Attorney(s) appearing for the Case

Carolyn N. Merchant, Carolyn N. Merchant, P.C., Albuquerque, David B. Martinez, Eaton, Martinez & Hart, P.C., Albuquerque, for Appellants.

Paul E. Houston, Steven M. Jakob, Sager, Curran, Sturges & Tepper, P.C., Albuquerque, B. Frank Davis, Howard B. Kaplan, Bernard, Cassisa & Elliott, Metairie, LA, for Appellees.

OPINION

APODACA, Chief Judge.

1. Plaintiffs Abel and Joann Montoya appeal the trial court's order granting summary judgment and dismissing their complaint alleging product liability claims against Defendant Mentor Corporation. The trial court ruled that the Medical Device Amendments of 1976, 21 U.S.C. Sections 360c-3601 (1994) (the MDA), preempted Plaintiffs' causes of action. We disagree, reverse the trial court, and remand for trial.

I...

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