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Legal Opinion

Straub v. Fisher and Paykel Health Care

Utah Supreme Court

Decided November 2, 1999No. 980081PublishedCited by 15 opinions

1Opinion of the Court

STEWART, Justice:

¶ 1 Plaintiff Tenne Straub brought suit against defendant Fisher and Paykel Health Care claiming negligence, strict liability, and breach of warranty. On defendant’s motion for summary judgment, the trial court ruled against plaintiff on all claims. Plaintiff appeals.

I. FACTS

¶ 2 Straub is a licensed respiratory therapist who was employed at McKay Dee hospital in Ogden, Utah. In December of 1993, during the course of her employment, she provided treatment for Emma Padilla Boney. Straub administered an open or “blow by” respiratory system, using a ventilator that generated and…

2Cases cited30 opinions

  1. Dillon v. LeggCalifornia Supreme Court · 1968
  2. West v. Caterpillar Tractor Company, Inc.Supreme Court of Florida · 1976
  3. Molien v. Kaiser Foundation HospitalsCalifornia Supreme Court · 1980
  4. Elmore v. American Motors Corp.California Supreme Court · 1969
  5. Higgins v. Salt Lake CountyUtah Supreme Court · 1993

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3Cited by15 opinions

  1. Berrier v. Simplicity Manufacturing, Inc.Court of Appeals for the Third Circuit · 2009
  2. Kallstrom v. United StatesAlaska Supreme Court · 2002
  3. Schmidt v. Boardman Co.Superior Court of Pennsylvania · 2008
  4. Bray v. Marathon Corp.Court of Appeals of South Carolina · 2001
  5. Kirkbride v. Terex USA, LLCCourt of Appeals for the Tenth Circuit · 2015

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