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ROHDE v. SMITHS MEDICAL

No. 06-213.

165 P.3d 433 (2007)

2007 WY 134

Richard Dean ROHDE, Appellant (Plaintiff), v. SMITHS MEDICAL, d/b/a Sims Deltec, Inc., A Minnesota Corporation, Appellee (Defendant).

Supreme Court of Wyoming.

August 22, 2007.

Attorney(s) appearing for the Case

Representing Appellant: Katherine L. Mead and Bradford S. Mead of Mead & Mead, Jackson, Wyoming. Argument by Ms. Mead.

Representing Appellee: Richard A. Mincer of Hirst & Applegate, Cheyenne, Wyoming; Michelle L. Rognlien of Bowman and Brooke, LLP, Minneapolis, Minnesota. Argument by Mr. Mincer.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

KITE, Justice.

[¶ 1] Mr. Rohde sued Smiths Medical d/b/a Sims Deltec, Inc. (Smiths Medical), the manufacturer of a venous access device which fractured after it was inserted into his chest to administer chemotherapy treatment, claiming the device was defective. The district court granted summary judgment in favor of Smiths Medical because Mr. Rohde did not present evidence ruling out reasonable secondary causes of the fracture so as to establish that the device...

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