Khan v. Shiley Inc.
Court of Appeal of California
266 Cal. Rptr. 106 (1990)
Judy Khan (plaintiff) had a valve manufactured by Shiley Incorporated (Shiley) (defendant) inserted into her heart. Less than two years later, Shiley recalled the valve, because it was prone to fracturing, which caused death to the user. A second open-heart surgery to remove Khan’s valve was deemed more dangerous than simply leaving the valve in place. Prior to the insertion of the valve, Khan had not been warned that the valve might fracture. After the recall, Khan lived in constant fear that she could die at anytime if the valve fractured inside of her. Khan eventually brought a products-liability suit against Shiley, seeking to recover damages for emotional distress. The trial court granted Shiley’s motion for summary judgment, finding that there was no indication that Khan’s valve, specifically, would fail and that Khan’s emotional-distress complaint was thus speculative and premature. Khan appealed.
Rule of Law
Holding and Reasoning (Sonenshine, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 178,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.