· 8/22/2002
Wood v. Wyeth-Ayerst Laboratories, Division of American Home Products
Citations
- 82 S.W.3d 849
- 2002 Ky. LEXIS 167
- 2002 WL 1940664
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that physical injury is required, even with a physical impact, in cases involving exposure to toxic substances
- relying on Metro-North in rejecting \monitoring funds” and noting that allowing the claims would \impair [the defendant's] ability to fully compensate victims who emerge years later with actual injuries that require immediate attention”
- “Because [the plaintiff] has shown no present physical injury, her cause[s] of action under theories of negligence and strict liability have yet to accrue.”
- “Just as a negligence claim must be supported by a resulting physical injury, so must a claim based on strict liability.”
- further stating that “[w]here there has been a physical injury requiring future medical treatment, medical monitoring damages may be a novel way of describing a remedy already employed in this jurisdiction”
- “‘The words ‘physical harm’ are used to denote physical impairment of the human body, or of tangible property’ . . . [the plaintiff’s] body has not yet been impaired by her ingestion” of the contaminant
Source: CourtListener parenthetical corpus (CC0).
Judges: Graves
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.