NIEHOFF v. SURGIDEV CORP.

No. 96-SC-0127-DG.

950 S.W.2d 816 (1997)

Kathryn NIEHOFF, Appellant, v. SURGIDEV CORPORATION, Appellee.

Supreme Court of Kentucky.

Rehearing Denied October 2, 1997.


Attorney(s) appearing for the Case

Roy Kimberly Snell, LaGrange, for Appellant.

William Kennedy Simpson, Carol Dan Browning, Jeanne M. Picht, Stites and Harbison, Louisville, for Appellees.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed a summary judgment by the circuit court determining that the claim for compensatory and punitive damages was properly dismissed because federal law preempted any claim for state tort relief.

The issue is whether the tort claim under Kentucky common law is in conflict with or divergence from any specific federal regulation applicable to the medical device which allegedly...

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