In re Coordinated Latex Glove Litig.

99 Cal. App. 4th 594, 121 Cal. Rptr. 2d 301 (2002)

 

RULE:

A defective product is one that differs from the manufacturer's intended result or from other ostensibly identical units of the same product line.

FACTS:


In a products liability action, there is a two-pronged test for a strict liability manufacturing defect as applied to the production of latex gloves. The action was filed by a woman who used latex gloves at work containing substances that were alleged to cause serious allergies. The gloves were manufactured by defendant healthcare corporation. The jury found a manufacturing defect had been proven and awarded compensatory damages. However, the trial court granted  judgment notwithstanding the verdict (JNOV). On review, the appellate court agreed.

ISSUE:

Did plaintiff present substantial evidence to support a manufacturing or production defect claim?

ANSWER:

No.

CONCLUSION:

The woman failed to prove a defect under the Barker test. A defective product was one that differed from the manufacturer's intended result or from other ostensibly identical units of the same product line. The various gloves were manufactured precisely as intended and there were no materially significant differences among identical units from the same product line.

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