POLONEY v. TAMBRANDS, INC.

S90A1298, S90X1299.

260 Ga. 850 (1991)

399 S.E.2d 208

POLONEY et al. v. TAMBRANDS, INC.; and vice versa.

Supreme Court of Georgia.

Reconsideration Denied February 28, 1991.


Attorney(s) appearing for the Case

Greene & Davis, H. Darrell Greene, Jack M. Smith, Paul Shimek III, Arthur H. Bryant, for appellants.

John A. Gilleland, Roger E. Podesta, Roberta G. Gordon, for appellee.

Foy R. Devine, Frank J. Beltran, Eugene Brooks, Richard H. Middleton, Jr., Michael Maher, Marc Wetherhorn, Ruth Jones, Marlys A. Marshall, amici curiae.


CLARKE, Chief Justice.

Janis Poloney died after using tampons made by Tambrands, Inc. Her parents alleged that she died from toxic shock syndrome and brought an action against Tambrands for products liability and wrongful death. The trial court granted Tambrands' motion for partial summary judgment on the grounds that the Poloneys' state law claims alleging failure to warn, inadequate warning and misrepresentation, are preempted by federal law. We granted the Poloneys...

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