Summary
In Gordon, the court held that the plaintiff's rare idiosyncratic sensitivity did not provide a basis for a products liability suit.
Summary of this case from Hardy v. Royce Laboratories, Inc.Opinion
No. 90-0815-L(B).
March 19, 1992.
John M. Schardein, Dean L. Sexton, Naber, Joyner, Schardein Stinson, Louisville, Ky., for plaintiff.
W. Kennedy Simpson, Angela D. Hendricks, Stites Harbison, Louisville, Ky., for defendant.
MEMORANDUM
Plaintiff, Wilma Gordon (Gordon), underwent oral surgery for treatment of periodontal disease in July and August of 1989. As part of her post-operative treatment, her periodontist prescribed Peridex, a dental rinse manufactured and distributed by the defendant, The Proctor Gamble Distributing Company (P G). Plaintiff complains that after using one bottle of Peridex, she suffered permanent "severe diminished perseption (sic) as to taste." Plaintiff filed suit to recover damages based on strict liability, negligence and breach of warranty. This matter is before the Court on the defendant's motion for summary judgment. Fed.R.Civ.P. 56.