Berg v. Underwood's Hair Adaption Process, Inc.
Berg v. Underwood's Hair Adaption Process, Inc.
Opinion of the Court
Plaintiffs-appellants were injured in New York when a licensed medical practitioner implanted synthetic fibers into their scalps as a treatment for baldness. They allege that defendants-appellees, who manufactured or assisted in the distribution of the fibers for use in hairpieces, wigs and other products, are liable on theories of strict products liability and negligence for failing to warn of the hazards of this unintended, but foreseeable, misuse. Appellants claim that the duty to warn was particularly strong since appellees had advance knowledge that various practitioners were using the fibers for implants.
The United States District Court for the Southern District of New York, Whitman Knapp, J.,- initially denied appellees’ motion for summary judgment on the ground that the law imposes upon them a duty to “do all that is commercially feasible” to warn of the potential dangers of surgical implan-tations of the fibers — including, for example, placing “notices in trade journals or
We agree with the district court and find no basis in New York law, which the parties apparently agree is the governing law, for imposition of such a far reaching obligation on appellees. Plaintiffs were injured by a bizarre and deliberate abuse by a licensed medical practitioner of a nonmedical commercial product. In light of the wide availability of the fibers, and the doctor’s apparent disregard of the injurious effects of the implantations, we do not believe a New York court would impose liability on these appellees. The duty to guard against a potential misuse of a product does not extend this far. New York courts have reached similar conclusions in related cases involving appellee Kaneka America Corporation. Sabatini v. Kleiman, et al., No. 4658/80 (N.Y.Sup.Ct., Dec. 5, 1983); Denni v. Kleiman, et al., No. 21760/80 (N.Y.Sup.Ct., Dec. 5, 1983); Tanase v. Underwood, No. 42777/79 (N.Y. Sup.Ct., June 30, 1982); but see, Yanakas v. Underwood, et al., No. 11440/80 (N.Y. Sup.Ct., Aug. 13, 1984).
Affirmed.
Reference
- Full Case Name
- Glen BERG, and Jamie Lubin v. UNDERWOOD'S HAIR ADAPTION PROCESS, INC., and Kaneka America Corporation and Monsanto Company, Defendants-Appellees KANEKA AMERICA CORPORATION and Monsanto Company, Third-Party v. Christine UNDERWOOD, Third-Party
- Cited By
- 1 case
- Status
- Published