GRUNDBERG V. UPJOHN CO.
813 P.2d 89 (1991)
NATURE OF THE CASE: The United States District Court for the District of Utah, presented
to the court as a certified question whether Utah adopted the 'unavoidably unsafe products'
exception to strict products liability.
FACTS: Mildred Lucille Coats died at age 83 from gunshot wounds inflicted by her
daughter, Ilo Grundberg (P), on June 19, 1988. P and Janice Gray, the personal
representative of Coat's estate, brought this action, alleging that P shot her mother as a
result of ingesting the drug Halcion, a prescription drug manufactured by defendant Upjohn
to treat insomnia. P took a .5 milligram dose of Halcion the day she shot her mother. P
alleges that she shot her mother while in a state of Halcion-induced intoxication, which
allegedly included side effects such as depression, psychosis, depersonalization, aggressive
assaultive behavior, and homicidal compulsion. P sued under common law negligence and strict
liability. P claims that Upjohn (D) failed to adequately warn about certain adverse side
effects of Halcion and that Halcion was defectively designed. The strict liability claim
based on design defect is the subject of D's pending summary judgment motion, the outcome of
which depends on the Utah Supreme Court's resolution of the certified question.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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