Ramirez v. Plough, Inc.,
15 Cal. App. 4th 1110, 12 Cal. Rptr. 2d 423(1992)
Court of Appeal of California
Thaxter, Judge
Key Facts
A. Plough Inc., marketed and distributed St. Joseph Aspirin for children (SJAC).
B. John Ramirez contracted Reye’s syndrome after ingesting SJAC.
C. John Ramirez, a minor by his guardian Rosa Rivera appeals from a summary judgment in favor of Plough Inc.
D. Rosa Rivera gave appellant the aspirin without reading directions or warnings appearing on SJAC because she could not understand English.
E. Appellant sued Plough alleging negligence product liability and fraud. The action sought for compensatory and punitive damages.
F. The trial court granted Plough’s motion for summary judgment that “there is no duty to warn
