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RAMPEY v. NOVARTIS CONSUMER HEALTH, INC.

1011684.

867 So.2d 1079 (2003)

Tom RAMPEY et al. v. NOVARTIS CONSUMER HEALTH, INC.

Supreme Court of Alabama.

May 30, 2003.

Attorney(s) appearing for the Case

Michael Straus of Straus & Boies, LLP, Birmingham; and Kenneth F. Ingram, Jr., and Jeremy Knowles of Kenneth Ingram, Jr. & Associates, Alexander City, for appellants.

Luther M. Dorr, Jr., of Maynard, Cooper & Gale, P.C., Birmingham; John Tom Radney of Radney, Radney & Brown, Alexander City; Earl B. Austin of Baker Botts, L.L.P., Dallas, Texas; and Patrick O. Keel of Baker Botts, L.L.P., Austin, Texas, for appellee.

HARWOOD, Justice.

On September 17, 1997, Tommy Rampey sued Novartis Consumer Health, Inc. ("Novartis"), manufacturer of "Ex-Lax," an over-the-counter laxative. As amended, Rampey's complaint, seeking injunctive relief and damages for economic loss, but not damages for personal injury, presented claims of breach of the implied warranties of merchantability and fitness for a particular purpose. The action was filed as a class action pursuant to Rule 23, Ala.R.Civ. P...

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