BROWN V. SUPERIOR COURT, Cal. Sup. Ct, 44 Cal.3d 1049, 751 P.2d 470 (1988) CASE BRIEF

BROWN V. SUPERIOR COURT

Cal. Sup. Ct, 44 Cal.3d 1049, 751 P.2d 470 (1988)

NATURE OF THE CASE: This was an appeal from the dismissal of an action based on product liability.

FACTS: Brown (P) sued several drug manufacturers (D) for their failure to warn of the known side effects of DES. The trial court determined that D could not be held strictly liable for an alleged defect in DES but only for their failure to warn of known or knowable side effects of the drug. P appealed. The Court of Appeal upheld and P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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