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GARCIA v. CONMED CORP.

No. H034778.

204 Cal.App.4th 144 (2012)

138 Cal. Rptr. 3d 665

ANDREW GARCIA, a Minor, etc., et al., Plaintiffs and Appellants, v. CONMED CORPORATION, Defendant and Respondent.

Court of Appeals of California, Sixth District.

March 8, 2012.

Attorney(s) appearing for the Case

Law Offices of Carcione, Cattermole, Dolinski, Okimoto, Stucky, Ukshini, Markowitz & Carcione, Joseph W. Carcione, Jr. , Gary W. Dolinski , and Joshua S. Markowitz for Plaintiffs and Appellants.

Horvitz & Levy, Stephen E. Norris , Dean A. Bochner , Wilson, Elser, Moskowitz, Edelman & Dicker and Genese K. Dopson for Defendant and Respondent.

OPINION

PREMO, J.—

Plaintiff Andrew Garcia, a minor, by his guardian ad litem, Paul Garcia, sued Dr. Douglas Phan for medical malpractice and defendant ConMed Corporation for products liability after suffering injuries during a tonsillectomy in which Dr. Phan used an electrocautery device powered by a generator manufactured by defendant. After defendant's argument to the jury, plaintiff moved for a mistrial grounded on misconduct of counsel...

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