Betty Adams, Joseph Adams v. Union Carbide Corporation

I respectfully dissent. The district court erred in granting summary judgment in favor of defendant-appellee Union Carbide Corporation and dismissing the complaint of plaintiff-appellant Betty Adams, thereby depriving her of her right to trial by jury to which she was justly entitled.

In her complaint, Mrs. Adams had alleged that defendant Union Carbide Corporation was negligent in failing and neglecting to warn her of the harmful, toxic and deleterious effects of her exposure to the poisonous fumes of toluene diisocyanate (TDI) which it manufactured and supplied to her employer, General…