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· 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 CourtListener

Sourced 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.