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Carlin v. Superior Court

13 Cal. 4th 1104 (1996)

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Carlin v. Superior Court

California Supreme Court
13 Cal. 4th 1104 (1996)

KL

Facts

Wilma Peggy Carlin (plaintiff) sued the Upjohn Company (defendant) for injuries she sustained from taking Halcion, a prescription drug manufactured by Upjohn. Carlin alleged that Upjohn should be held strictly liable for failing to warn of the dangerous effects of the drug. Upjohn demurred, arguing that California law did not recognize a strict-liability cause of action against drug manufacturers for failure to warn. The trial court sustained the demurrer, relying on a precedential case that held that a drug manufacturer could not be held liable for failing to warn of unknown dangers. Carlin appealed, and the appellate court ordered the trial court to overrule the demurrer, concluding that a recent precedential case held that all types of manufacturers could be held strictly liable for failing to warn of known dangers. Upjohn appealed.

Rule of Law

Issue

Holding and Reasoning (Mosk, J.)

Concurrence/Dissent (Kennard, J.)

Dissent (Baxter, J.)

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