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VALENTINE v. BAXTER HEALTHCARE CORP.

No. A075385.

81 Cal.Rptr.2d 252 (1999)

68 Cal.App.4th 1467

Kenneth VALENTINE, Individually and as Successor in Interest, etc., Plaintiff and Appellant, v. BAXTER HEALTHCARE CORPORATION et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Four.

Rehearing Denied February 3, 1999.

Review Denied April 14, 1999.

Attorney(s) appearing for the Case

Liccardo, Rossi, Sturges & McNeil, Salvador A. Liccardo and Laura Liccardo, San Jose, for plaintiff and appellant.

Brobeck, Phlegar & Harrison, LLP, Debra E. Pole, Christopher J. Menjou, Los Angeles, Thomas M. Peterson, San Francisco, Rodarte, Geringer & Kamel and Daniel D. Rodarte, Santa Monica, for defendants and respondents.

Certified for Partial Publication.*

REARDON, J.

This product liability case against the manufacturer of silicone gel breast implants has been twice tried. The first jury returned special verdicts for the defense on strict liability and fraud, but hung on the causation element of the negligence count. (Valentine I.) The second jury returned a special verdict for the defense on negligent design and manufacturing, but deadlocked on...

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