Legal Opinion

Valentine v. Baxter Healthcare Corp.

California Court of Appeal

Decided January 7, 1999No. A075385PublishedCited by 42 opinions

[Opinion certified for partial publication.*]

1Opinion of the Court

Opinion

REARDON, J.

This product liability case against the manufacturer of silicone gel breast implants has been twice tried. The first jury returned special verdicts for the defense on strict liability and fraud, but hung on the causation element of the negligence count. (Valentine I.) The second jury returned a special verdict for the defense on negligent design and manufacturing, but deadlocked on negligent failure to warn and hung on the causation element of the negligent testing and inspection count. (Valentine II.)

Several questions never before decided emerge: Did the court presiding…

2Cases cited21 opinions

  1. Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
  2. Bay Cities Paving & Grading, Inc. v. Lawyers' Mutual InsuranceCalifornia Supreme Court · 1993
  3. Anderson v. Owens-Corning Fiberglas Corp.California Supreme Court · 1991
  4. Brewer v. Second Baptist ChurchCalifornia Supreme Court · 1948
  5. Carlin v. Superior CourtCalifornia Supreme Court · 1996

16 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Wolf v. Walt Disney Pictures and TelevisionCalifornia Court of Appeal · 2008
  2. Bigler-Engler v. Breg, Inc.California Court of Appeal · 2017
  3. Burley v. Kytec Innovative Sports Equipment, Inc.South Dakota Supreme Court · 2007
  4. Cruz v. HomebaseCalifornia Court of Appeal · 2000
  5. Markow v. RosnerCalifornia Court of Appeal · 2016

37 more not listed; retrieve them via the Exa API.

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