Barry v. Don Hall Laboratories

Plaintiff brought this action for personal injuries on theories of strict liábility, negligent failure to warn and breach of warranty. He alleged that he suffered substantial tooth decay because he used defendant’s vitamins, which had a high sugar content but ho warning or list of ingredients. After the trial court granted defendant’s motion to strike plaintiffs cause of action for negligence, a jury verdict was returned in favor of defendant. Plaintiff appeals. We reverse.

Plaintiff assigns as errors: (1) the trial court’s giving or not giving certain instructions; (2) the trial court’s…