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Torts keyed to Robertson
Guadamud v. Dentsply International, Inc.
Citation:
United States District Court for the Eastern District of New York, 1998. 20 F.Supp.2d 433.Facts
Rosa Guadamud, the Plaintiff, was born in Ecuador where she went to dental school and got a license to practice dentistry. The Plaintiff moved to the United States and tried to enroll in New York University’s School of Dentistry but was unable to do so. In order to enroll, she was required to pass the first part of the National Board Examination in Dentistry. The Plaintiff failed this examination. Despite not being licensed to practice dentistry in the U.S., Plaintiff opened up her own dentistry practice in New York. Practicing without a license was a crime under New York law and ultimately, the Plaintiff was charged with practicing dentistry without a license, plead guilty, and was sentenced to three years’ probation.
While Plaintiff was practicing dentistry without a license, Plaintiff used the Defendant’s “Tooth Conditioner Gel,” a syringe containing phosphoric acid which is used to prepare teeth prior to drilling or cavity repair. The product is distributed only to licensed dentists, for use by licensed dentists or by those under the supervision of a person so licensed. The product was also supposed to be used with protective clothing and eyewear.
The Plaintiff testified that she had training in using similar cleaning agents before as well as in the need for protective eyewear and clothing. However, it is undisputed that the Plaintiff used the product without any form of protective gear. Plaintiff claims that while using the product, it exploded in her hand, causing her injury. Plaintiff brought a products liability suit against the Defendant.
Defendant filed a motion for summary judgement. The Defendant concedes that the product was defective, but that under the substantive law of New York, the Plaintiff cannot recover in tort for injuries she sustained while voluntarily violating the law.
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