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GRUNDBERG v. UPJOHN CO.

No. 900573.

813 P.2d 89 (1991)

Ilo Marie GRUNDBERG, individually, and Janice Gray, as personal representative of the Estate of Mildred Lucille Coats, deceased, Plaintiffs, v. The UPJOHN COMPANY, a Delaware corporation, Defendant.

Supreme Court of Utah.

Rehearing Denied June 26, 1991.

Attorney(s) appearing for the Case

Gary W. Pendleton, St. George, Earle F. Lasseter, Thomas R. Vuksinick, H. Ross Workman, Salt Lake City, and C. Neal Pope, Daniel W. Sigelman, Steven W. Saccoccia, Edward H. Kellogg, Atlanta, Ga., for plaintiffs.

Merlin O. Baker, Paul S. Felt, Thomas L. Kay, Steven J. Aeschbacher, Salt Lake City, and Lane D. Bauer, Stephen E. Scheve, Laura D. Stith, Kansas City, Mo., for defendant.

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...

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