Worthem v. Gillette Co.
District Court, N.D. Illinois
1Opinion of the Court
ORDER
NORGLE, District Judge.
Before the court is The Gillette Company’s (“Gillette”) motion to dismiss plaintiff's punitive damages count of her complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, the court denies the motion.
FACTS
On August 16, 1989, plaintiff, an Illinois resident, bought a “Toni, Epic Waves, Adaptable Perm” which among other things contained a hair curling solution. This product is manufactured by Gillette, a Delaware corporation. After applying the solution to her hair, some of the solution dripped into her eyes. She immediately rinsed…
2Cases cited27 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hanna v. PlumerSupreme Court of the United States · 1965
- Kelsay v. Motorola, Inc.Illinois Supreme Court · 1978
- Byrd v. Blue Ridge Rural Electric Cooperative, Inc.Supreme Court of the United States · 1958
- Perkins v. SilversteinCourt of Appeals for the Seventh Circuit · 1991
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