Wallace v. Stryker Corp.
108 F. Supp. 3d 1160
D. Wyo.2015Background
- Tolman sustained hip/femur injuries in an ATV accident (Sept. 8, 2008) and received a Gamma Nail #3 from Stryker to stabilize the injuries.
- Postoperative healing progressed until December 31, 2008, when Tolman heard a crack and the Gamma Nail #3 fractured; subsequent surgeries followed.
- Defendant Stryker moved for summary judgment on strict products liability (Gamma Nail #3) defect theory; plaintiffs opposed.
- In 2012 Tolman and spouse filed a diversity-based suit alleging negligence, strict products liability, implied warranties, and loss of consortium; implied warranty claim later deemed time-barred (Feb. 22, 2013).
- Judge Johnson granted summary judgment for Stryker on all claims, concluding no genuine dispute of material fact about defect and that inference of defect was not supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs may infer defect without a specific defect evidence | Tolman argues inference of defect defeats secondary-cause defense | Stryker contends no genuine issue exists without specific defect evidence | Yes, defendant granted summary judgment on defect inference |
| Whether nonunion is a reasonable secondary cause precluding inference | Records supposedly negate secondary causes; nonunion not reasonable | Nonunion is a reasonable secondary cause; plaintiffs fail to negate | No genuine dispute; court finds nonunion supports defendant's position |
| Whether plaintiffs' reliance on medical records or expert designation raises a triable issue | Medical records/expert designation show no secondary cause; create issue | Records do not create genuine dispute; expert designation insufficient | No triable issue; summary judgment in favor of defendant |
| Whether loss of consortium survives without underlying liability | Loss of consortium claims depend on tort liability | If no liability, loss of consortium fails | Derivative claim dismissed along with underlying liability |
Key Cases Cited
- Rohde v. Smiths Medical, 165 P.3d 433 (Wy. 2007) (establishes inference of defect requires no reasonable secondary causes)
- Campbell v. Studer, Inc., 970 P.2d 389 (Wy. 1998) (defect may be shown by specific defect or inference)
- McLaughlin v. Michelin Tire Corp., 778 P.2d 59 (Wy. 1989) (defect showing is common to all theories)
- Sims v. General Motors Corp., 751 P.2d 357 (Wy. 1988) (recognizes defect showing requirement)
- Loredo v. Solvay America, Inc., 212 P.3d 614 (Wy. 2009) (inference of defect requires no other reasonable causes)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (S. Ct. 1986) (standard for genuine disputes on motions for summary judgment)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (burden shifting on summary judgment)
- Travis v. Park City Mun. Corp., 565 F.3d 1252 (10th Cir. 2009) (requires specific record citations to create genuine disputes)