Today’s case is Bayes v. Biomet, https://ecf.ca8.uscourts.gov/opndir/22/12/212964P.pdf (8th Cir., No. 21-2964, 9/21/2022), a lawsuit against the manufacturer of a failed metal-on-metal hip replacement. The trial court instructed the jury on two theories of recovery: strict liability and negligent design. The outcome was unusual – at least, it seems unusual to me. As the Eighth Circuit Court of Appeals explained,
