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HOWARD v. ZIMMER, INC.

No. 110,857.

299 P.3d 463 (2013)

2013 OK 17

Brian C. HOWARD, M.D.; Suzanne Howard, Plaintiffs/Appellants, v. ZIMMER, INC., Defendant/Appellee, and Sulzer Orthopedics, Inc.; Sulzer Medica USA Holding Co.; Sulzer Medica USA, Inc., Defendants.

Supreme Court of Oklahoma.

March 19, 2013.

Attorney(s) appearing for the Case

Timothy G. Best , Matthew B. Free , BEST & SHARP, Tulsa, Oklahoma, for Plaintiffs/Appellants.

Michael F. Smith , Thomas Steichen , McAffee & Taft, Tulsa, Oklahoma, for Defendant/Appellee.

David W. Brooks , William F. Northrip , Shook, Hardy & Bacon L.L.P., Kansas City, Missouri.

WATT, J.:

¶ 1 The United States Court of Appeals for the Tenth Circuit (Tenth Circuit) certified a single question of first impression to this Court under the Revised Uniform Certification of Questions of Law Act, 20 O.S.2011 § 1601, et seq. We are not asked whether the negligence claim is preempted by federal law as the Tenth Circuit has resolved that preemption analysis has no place in the cause. Rather...

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