WINTER V. G.P. PUTNAM'S SONS
938 F.2d 1033 (Ninth Cir.1991).
NATURE OF THE CASE: Winder (P) appealed a judgment from the United States District Court
that granted Putnam (D) summary judgment in P's action, based upon negligence and products
liability theories, for damages arising from injuries sustained when they ate certain
mushrooms after relying on D's book that asserted the mushrooms were safe.
FACTS: Winter (P) bought The Encyclopedia of Mushrooms, a book distributed by Putnam (D)
but published by an English publisher. D neither wrote nor edited the book. P relied on
descriptions in the book and ate some wild mushrooms. P required a liver transplant. P sued
D for products liability; the book contained erroneous and misleading information. D
countered that the information in the book was not a product under products liability. D was
granted a summary judgment for dismissal. The trial court also rejected P's actions for
negligence and misrepresentation. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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