(Download) "Bish v. Employers Liability Assurance Corp." by United States Court Of Appeals Fifth Circuit. # eBook PDF Kindle ePub Free
eBook details
- Title: Bish v. Employers Liability Assurance Corp.
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 28, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
The plaintiff, appellant here, brought suit under the Louisiana Direct Action Statute, LSA-Rev.Stat.§ 22:655, against the defendant-appellee, as insurer against liability for negligence of the Toni Company, a division of Gillette Safety Razor Company. The plaintiff, in her complaint, alleged that she purchased a "Toni Home Permanent" set at a Shreveport, Louisiana, drugstore and used it in accordance with the accompanying directions. On the day following, she developed an itching scalp which was followed by skin eruptions. She then was afflicted with a kidney impairment requiring hospitalization and resulting in a severe illness during which her physician and family despaired of her life. The plaintiff, by an amended complaint, averred that she had heveloped leukemia which would ultimately cause her death. The plaintiff stated, on information and belief, that her condition resulted solely from the use of the Toni Home Permanent. The complaint contained an allegation that the doctrine of res ipsa loquitur applied and the doctrine was pleaded. Damages in the amount of $195,000 were sought. In addition to denials of the allegations of injury and of its insureds product as causing any injury to the plaintiff, the defendant asserted that the product "Toni Home Permanent" contained no harmful ingredients, and that if the injuries resulted from the use of the product it was because of an allergy or supersensitive skin peculiar to the plaintiff.
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