Louis Guerrero v. McNeil-PPC Inc.
Published: Jun. 7, 2014 | Result Date: Feb. 4, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-07514-SVW-CW Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Michael S. Braun
(Law Offices of Michael S. Braun)
Defendant
Mollie F. Benedict
(Tucker Ellis LLP)
Facts
Louis Guerrero sued McNeil-PPC Inc, after he was allegedly injured while using one of McNeil's hair products.
Contentions
PLAINTIFF'S CONTENTIONS:
Guerrero argued that his hair and scalp caught fire after he used one of McNeil's Rogaine foam products. On April 25, 2011, Guerrero applied the Rogaine foam to his scalp, and then used a light-emitting hair stimulator manufactured by another company. The foam then caught fire, injuring Guerrero.
Guerrero asserted causes of action for strict products liability and negligence.
DEFENDANT'S CONTENTIONS:
McNeil moved for summary judgment, arguing that Rogaine foam adequately warns that it is "Extremely Flammable," and that McNeil did not have a duty to warn that Rogaine foam could cause danger if used in conjunction with a product manufactured by a different company.
Guerrero did not dispute that McNeil's Rogaine foam packaging included an "Extremely Flammable" warning or that the light-emitting hair stimulator's directions for use warned that it should not be used "in connection with any tonic, water, inflammable lotions, or medicament containing alcohol – on the hair or any part of the body."
Result
The court granted McNeil's motion for summary judgment.
Other Information
FILING DATE: Oct. 10, 2013.
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