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ETHICON ENDO-SURGERY, INC. v. MEYER

No. 2-05-071-CV.

249 S.W.3d 513 (2007)

ETHICON ENDO-SURGERY, INC., Appellant, v. Dianne MEYER, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled March 27, 2008.

Attorney(s) appearing for the Case

Thompson & Knight, LLP, David Noteware and Jennifer L. Presley, Dallas, for appellant.

Turley Law Firm, Thomas B. Cowart, Dallas, for appellee.

PANEL A: DAUPHINOT and GARDNER, JJ.; and WILLIAM H. BRIGHAM, J. (Senior Justice, Retired, Sitting by Assignment).

OPINION ON MOTION FOR REHEARING

ANNE GARDNER, Justice.

On Appellee's motion for rehearing, we withdraw our opinion and judgment of April 12, 2007, and substitute the following.

Introduction

This is a marketing-defect products liability case. The product in question is the TLC-55 linear cutter/surgical stapler designed, manufactured, and marketed by Appellant Ethicon Endo-Surgery, Inc. ("Ethicon"). Ethicon appeals from a jury verdict and...

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