Kelly M. O'GILVIE, individually, and as Administrator of the Estate of Betty L. O'Gilvie, deceased; and Stephanie L. O'Gilvie, a minor, and Kevin M. O'Gilvie, a minor, By and Through Kelly M. O'Gilvie, their father and natural guardian, Plaintiffs-Appellants, Cross-Appellees,
v.
INTERNATIONAL PLAYTEX, INC., Defendant-Appellee, Cross-Appellant,
Motor Vehicle Manufacturers Association, Inc., Product Liability Advisory Council, Inc., and Gulf & Great Plains Legal Foundation, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 18, 1987.
June 18, 1987.
Attorney(s) appearing for the Case
Gerald L. Michaud of Michaud, Cordry, Michaud, Hutton & Hutton (Mark B. Hutton, with him on the brief, Donald S. Andersen and Marlys A. Marshall, of counsel), Wichita, Kan., for plaintiffs-appellants, cross-appellees.
Charles M. McCaghey of Olwine, Connelly, Chase, O'Donnell & Weyher, New York City (Glenn J. Pogust and Grace M. Healy of Olwine, Connelly, Chase, O'Donnell & Weyher, New York City, and Larry W. Wall of Stratton, Russell, Toomey & Wall, Wichita, Kan., of counsel), for defendant-appellee, cross-appellant.
Aaron D. Twerski, Professor of Law, Hofstra University School of Law, Hempstead, N.Y., Marc R. Brosseau of Weller, Friedrich, Hickisch, Hazlitt & Ward, Denver, Colo. (William H. Crabtree and Edward P. Good, Motor Vehicle Manufacturers Ass'n of the United States, Detroit, Mich., of counsel), filed a brief on behalf of amici curiae Motor Vehicle Manufacturers Ass'n, Inc. and Product Liability Advisory Council, Inc.
Jerald L. Hill and Mark J. Bredemeier of Gulf & Great Plains Legal Foundation, Kansas City, Missouri, filed a brief on behalf of amicus curiae Gulf & Great Plains Legal Foundation.
Before McKAY, SETH, and SEYMOUR, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SEYMOUR, Circuit Judge.
Kelly O'Gilvie brought this diversity action, individually and on behalf of the estate of his deceased wife Betty, against International Playtex, Inc. O'Gilvie alleged that Betty's use of Playtex super-absorbent tampons caused her death from toxic shock syndrome, and he sought damages from Playtex under the Kansas law of strict liability in tort. In answers to special interrogatories, the jury found that Playtex tampons had caused Mrs. O'Gilvie...
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