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ELSROTH v. JOHNSON & JOHNSON

No. 87 Civ. 1524 (GLG).

700 F.Supp. 151 (1988)

John ELSROTH as Administrator of the Estate of Diane Elsroth, Plaintiff, v. JOHNSON & JOHNSON; McNeil Consumer Products Co., a division of McNeilab, Inc., and the Great Atlantic & Pacific Tea Co., Inc., Defendants.

United States District Court, S.D. New York.

November 15, 1988.

Attorney(s) appearing for the Case

J. Russell Clune, P.C., Harrison, N.Y. by J. Russell Clune, Kevin P. Clune, for plaintiff.

Lester Schwab Katz & Dwyer, New York City by Allan Fudim, Barry E. Warhit, for defendant The Great Atlantic & Pacific Tea Co., Inc.

Patterson, Belknap, Webb & Tyler, New York City by David F. Dobbins, Steven C. Charen, Frederick B. Campbell, for defendant McNeilab, Inc.

OPINION

GOETTEL, District Judge:

With the California Supreme Court's decision in Greenman v. Yuba Power Products, 59 Cal.2d 57, 27 Cal.Rptr. 697, 377 P.2d 897 (1963), this country embarked down the largely uncharted road of strict products liability — a road whose twists and turns are still being mapped by our legislatures and courts...

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