Grundberg v. Upjohn Co.

DURHAM, Justice:

This case comes to us pursuant to rule 41 of the Utah Rules of Appellate Procedure as a question certified from the United States District Court for the District of Utah. The issue before us is whether Utah adopts the “unavoidably unsafe products” exception to strict products liability as set forth in comment k to section 402A of the Restatement (Second) of Torts (1965) (“comment k”). This question presents an unanswered issue of law for original disposition by this court.

We hold that a drug approved by the United States Food and Drug Administration (“FDA”), properly prepared,…