Lydia Basko v. Sterling Drug, Inc., and Winthrop Laboratories

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, under Connecticut law, it was not error to refuse an instruction on breach of implied warranty, because defect under strict liability is equivalent to breach of an implied warranty of merchantability
• dismissing a claim for breach of express warranty when a drug did not warrant that it was completely harmless or free from all side effects
• Restatement, supra § 402A, Comment k, adopting the ordinary negligence standard of duty to warn
• where evidence “fairly established” that two drugs produced same idiosyncratic side effect, question of whether warning as to either drug was adequate was for jury
• whether risk of retinopathy was either knowable or reasonably foreseeable at a time when plaintiff was still taking drug was for jury
• Restatement, supra § 402A, Comment k, adopting the ordinary negligence standard of duty to warn

Source: CourtListener parenthetical corpus (CC0).