[DOWNLOAD] "David Toner v. Lederle Laboratories" by Supreme Court Of Idaho ~ Book PDF Kindle ePub Free
eBook details
- Title: David Toner v. Lederle Laboratories
- Author : Supreme Court Of Idaho
- Release Date : January 04, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 95 KB
Description
In 1979, plaintiff child Kevin Toner, then three months old, received a vaccination of Tri-Immunol, a drug manufactured by defendant Lederle Laboratories and designed to immunize children against diphtheria, pertussis, and tetanus. Thereafter, Kevin suffered a rare condition of the spine known as transverse myelitis. The affliction permanently paralyzed Kevin from the waist down. Plaintiffs brought suit against Lederle in Idaho state court, but the suit was removed to federal district court on the basis of diversity jurisdiction. At trial, the jury found that Lederles vaccine has caused Kevins paralysis and found Lederle negligent, although it rejected plaintiffs strict liability and breach of warranty claims. Lederle appealed the judgment to the United States Court of Appeals for the Ninth Circuit. Rather than render a decision, pursuant to I.A.R. 12.1 (Supp.1986) the Court of Appeals certified and this Court accepted two controlling questions of Idaho law. These questions center on the role in Idaho strict liability and negligence law of the so-called "unavoidably unsafe" product doctrine, as described in comment k of Restatement (Second) of Torts Γ§ 402A (1965) (quoted infra, p. 12).