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Torts Keyed to Franklin
Diaz v. Eli Lilly & Co.
Citation:
302 N.E.2d 555 (1973)Facts
Milagros Diaz filed a declaration alleging that her husband Jose Santos Diaz was exposed to “Parnon,” a fungicide manufactured by defendant Eli Lilly and Company, during his work from August 1968 to September 1970. As a result of this exposure, Jose suffered severe bodily injuries. Milagros claimed that due to these injuries, she suffered a loss of consortium, including her husband’s “services, society, affection, companionship, and relations.” She alleged that Eli Lilly was responsible because it negligently manufactured the product without adequate warnings about its dangers. The defendant demurred on the grounds that the declaration stated no cause of action. A judge of the Superior Court sustained the demurrer and refused leave to amend. At the time of this appeal, Jose had a separate pending action against Eli Lilly for his injuries.
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