Wallman v. Kelley

Opinion by

Judge CASEBOLT.

In this product liability action, plaintiff, Lynn Wallman, appeals the summary judgment dismissing her claims against the defendants, Bob Kelley, doing business as Acupuncture and Chinese Medicine, and Indochina Ginseng, Inc. We affirm in part, reverse in part, and remand with directions.

Plaintiff purchased and consumed a Chinese herbal medicine, Jin Bu Huan (JBH), to relieve pain in her thumb and to treat insomnia. Within a month thereafter, plaintiff contracted chemical hepatitis.

Plaintiff sued the defendants, both sellers of the herb, on -theories of negligence per…