ZIMMER, INC. v. BIRNBAUM

No. 4D98-4071.

758 So.2d 714 (2000)

ZIMMER, INC., an Indiana corporation, Appellant, v. Jeffrey D. BIRNBAUM, and Wendy Birnbaum, his wife, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing denied May 22, 2000.


Attorney(s) appearing for the Case

Wendy F. Lumish, and Jeffrey A. Cohen of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Miami, for appellant.

Philip M. Burlington of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and E. Hugh Chappell, Jr. of E. Hugh Chappell, Jr., P.A., Fort Lauderdale, for appellees.


PER CURIAM.

Zimmer, Inc. appeals a final judgment entered against it in a products liability suit filed by appellees, Jeffrey and Wendy Birnbaum. The defective products were steel rods surgically inserted into Jeffrey's back to correct a spinal condition. Under the facts of this case, Zimmer compellingly argues that the trial court erred in failing to identify the surgeon who installed the rods as the "ordinary consumer"1 for the purpose...

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