Dolores C. Jones v. Smith & Nephew INC.
Syllabus
Appellant filed this products liability action more than 10 years after undergoing a total hip replacement using Appellee's hip implant system. The trial court granted Appellee's motion to dismiss on the ground that Appellant's lawsuit fell outside the 10-year statute of repose and any exceptions thereto. Discerning no error, we affirm.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- including retroactive earnings in AWW calculation despite statute defining AWW in terms of amount claimant was receiving when injured
- computation of employee’s average weekly wage should be based upon new labor agreement which contained retroactivity provision
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Kenny Armstrong
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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