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Diaz v. Eli Lilly & Co.
Massachusetts Supreme Judicial Court
302 N.E.2d 555 (1973)
Milagros Diaz (plaintiff) and Jose Santos Diaz were married. Jose believed he was injured by the fungicide Parnon, which was manufactured by Eli Lilly (defendant). Jose suffered physical injuries that caused Milagros to be deprived of Jose’s affection, companionship, and assistance, so Milagros sued Eli Lilly for a loss of consortium. Milagros argued Eli Lilly was negligent in failing to warn users of the dangers of its product and therefore was responsible for her loss. Eli Lilly demurred, arguing Milagros had no cause of action. The Massachusetts Superior Court agreed, sustaining the demurrer. Milagros appealed.
Rule of Law
Holding and Reasoning (Kaplan, J.)
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