(Download) "Gonzales v. Surgidev Corp." by New Mexico Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Gonzales v. Surgidev Corp.
- Author : New Mexico Supreme Court
- Release Date : January 25, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Defendant-Appellant Surgidev Corp. appeals from a judgment for compensatory and punitive damages entered against it in a products liability action. Plaintiffs-Appellees Enrique Gonzales and Ricardo Garduno sued Surgidev for personal injuries that resulted from implantation of intraoccular lenses manufactured by Surgidev. Surgidev appealed to the Court of Appeals, alleging five errors that mandate reversal: (1) Plaintiffs' state law claims were preempted by federal law, (2) the trial court erred in not including the Food and Drug Administration on the verdict form, (3) the trial court erred in admitting several pieces of evidence, (4) the trial court erred in submitting the issue of punitive damages to the jury, and (5) bailiff and jury misconduct warrant a new trial. Plaintiffs cross-appealed, alleging that the trial court abused its discretion in refusing to award Plaintiffs prejudgment interest. The Court of Appeals certified this case to us under N.M.S.A. 1978, Section 34-5-14(C) (Repl. Pamp. 1990), to consider whether federal preemption divests the state courts of subject matter jurisdiction in this case. We note jurisdiction to decide all the issues raised on appeal, Collins ex rel. Collins v. Tabet , 111 N.M. 391, 404 n.10, 806 P.2d 40, 45 n.10 (1991), and affirm the trial court on each claim in both the appeal and cross-appeal. I. FACTS