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FLEURY v. BIOMET, INC.

No. 2D02-2103.

865 So.2d 537 (2003)

Norman C. FLEURY, Jr., and Karen Fleury, Appellants, v. BIOMET, INC., a foreign corporation, and Mike Trieste, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 17, 2004.

Attorney(s) appearing for the Case

John P. Graves, Jr., of Graves & Stephan, Chartered, Sarasota, for Appellants.

Marie A. Borland and Robert B. Gough, III of Hill, Ward & Henderson, P.A., Tampa, and A. Lamar Matthews, Jr. of Matthews, Eastmoore, Hardy, Crauwels & Garcia, P.A., Sarasota, for Appellees.

NORTHCUTT, Judge.

Norman Fleury, Jr., and his wife, Karen Fleury, filed a negligence and products liability action stemming from the premature failure of Mr. Fleury's artificial knee. The defendants, Biomet, Inc., and Mike Trieste, won a final summary judgment after the circuit court entered an order imposing sanctions for the spoliation of evidence. We reverse.

For purposes of reviewing the summary judgment, we...

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