Oresman v. G. D. Searle & Co.
District Court, D. Rhode Island
1Opinion of the Court
OPINION
DAY, Chief Judge.
In this action the plaintiffs seek to recover damages sustained by them as the result of a stroke suffered by the plaintiff, Sandra Oresman. They allege that said stroke resulted from her taking birth control pills manufactured by the defendant. Jurisdiction is based upon diversity of citizenship and the existence of a controversy in the requisite amount. 28 U.S.C. § 1332.
In their complaint the plaintiffs have alleged the following grounds for liability by the defendant in four counts; (1) breach of an implied warranty that said pills were of merchantable quality for…
2Cases cited47 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- Mitchell v. E-Z Way Towers, Inc.Court of Appeals for the Fifth Circuit · 1959
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3Cited by22 opinions
- Boudreau v. BaughmanSupreme Court of North Carolina · 1988
- Gilbert v. Korvette's Inc.Supreme Court of Pennsylvania · 1974
- Robert L. Turcotte, Administrator of the Estate of Gerard P. Turcotte v. Ford Motor CompanyCourt of Appeals for the First Circuit · 1974
- Cohen v. McDonnell Douglas Corp.Massachusetts Supreme Judicial Court · 1983
- Gilbert v. BagleyDistrict Court, M.D. North Carolina · 1980
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