GRUNDBERG V. UPJOHN CO. 813 P.2d 89 (1991) CASE BRIEF

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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