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FITZ v. SYNTHES (USA)

No. 980106.

990 P.2d 391 (1999)

1999 UT 103

Terry FITZ, Plaintiff, Appellee, and Cross-Appellant, v. SYNTHES (USA), Defendant, Appellant, and Cross-Appellee.

Supreme Court of Utah.

November 5, 1999.

Attorney(s) appearing for the Case

Barry G. Lawrence, James E. Magleby, Salt Lake City, for plaintiff.

Ray R. Christensen, Salt Lake City, and Denise Bense, Philadelphia, for defendant.

HOWE, Chief Justice:

¶ 1 Plaintiff Terry Fitz brought this action against defendant Synthes USA (hereafter "Synthes"), seeking compensatory and punitive damages allegedly caused by the breakage of bone screws manufactured by Synthes that had been surgically implanted in his lower spine. Fitz's complaint alleged negligence, strict liability in tort, breach of express and implied warranties, and failure to warn. At trial...

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