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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

United States District Court, Southern District of New York


May 6, 2003

IN RE: REZULIN PRODUCTS LIABILITY LITIGATION.

The opinion of the court was delivered by: Lewis A. Kaplan, United States District Judge

PRETRIAL ORDER NO. 139 (Motion for Summary Judgment Dismissing Claims of Yolanda Kelly)
Defendants move for summary judgment dismissing the claims of plaintiff Yolanda Kelly. Ms. Kelly has not opposed the motion although the extended time period afforded her for doing so has expired. Among the consequences of this failure is her admission of all of the properly supported allegations of defendants' Rule 56.1 Statement.

Viewing the record in the light most favorable to the non-moving party, the record establishes no more than that Ms. Kelly took Rezulin in Louisiana, has sustained no discernable injury, and seeks recovery solely for her alleged fear of future health problems that she apprehends might ensure from her use of the drug.

The motion is granted on the alternative grounds that the claim is barred by the relevant statute of limitations; that the complaint fails to state the only conceivable claim for relief, which would be a claim under the Louisiana Product Liability Act, La.R.S. 9:2800.52; and that even had she done so, the fear of which she complains is not "damage" within the meaning of the relevant Louisiana statute, La. Civ. C. Art. 2315. Grenier v. Med. Eng'g Corp., 99 F. Supp.2d 759, 763 (W.D.La. 2000), aff'd, 243 F.3d 200 (5th Cir. 2001); Neson v. Tri Hawk Int'l, 985 F.2d 208, 211 (5th Cir. 1993).

SO ORDERED.

20030506

© 1992-2003 VersusLaw Inc.



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