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FUESTING v. ZIMMER, INC.

No. 02-2251.

594 F.Supp.2d 1043 (2009)

Arthur W. FUESTING, Plaintiff, v. ZIMMER, INC., Defendant.

United States District Court, C.D. Illinois, Urbana Division.

January 26, 2009.

Attorney(s) appearing for the Case

Brent D. Holmes, Jason Crowder, Heller, Holmes & Associates, P.C., Mattoon, IL, for Plaintiff.

Stephen L. Corn, John Patrick Lee, Craig and Craig, Mattoon, IL, Steven L. Jackson, James Stephen Bennett, Baker & Daniels, Fort Wayne, IN, for Defendant.

OPINION

MICHAEL P. McCUSKEY, Chief Judge.

This case is before the court on remand for a new trial. The plaintiff, Arthur W. Fuesting (Fuesting), commenced this action for breach of the implied warranty of merchantability, products liability, and negligence. Fuesting claims that his prosthetic knee joint, manufactured by defendant, Zimmer, Inc. (Zimmer) was defective. He claims that Zimmer's method of sterilization led to severe oxidation and failure of the...

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