A federal appeals court has ruled in a precedential decision that the trial judge presiding over a woman’s lawsuit against the maker of an allegedly defective hip implant that injured her should not have granted summary judgment against her on the basis that she filed her claims too late.
The U.S. Court of Appeals for the Third Circuit on Wednesday reversed an Eastern District of Pennsylvania judge’s grant of summary judgment in favor of device manufacturer Zimmer in plaintiff Marilyn Adams’ case against the company, finding that the question of when the statute of limitations began to run is one a jury must answer.
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