Gourdine v. Crews

BATTAGLIA, Judge.

In this products liability case, premised on negligence, strict liability and fraud, Ellen Crews, a Type I diabetic1 who was taking a combination of insulin medications manufactured by Respondent, Eli Lilly and Company (“Lilly”), while operating her car, suffered a debilitating episode and struck a vehicle driven by Isaac Gourdine, resulting in his death. We are asked to determine whether Lilly owed a duty to Mr. Gourdine, the third-party who did not ingest the drugs. Petitioner, Mary Gourdine, the wife of Mr. Gourdine, argues that it was foreseeable for Lilly that Ms. Crews,…