United States Seventh Circuit
Robinson v. McNeil Consumer Healthcare, 09-4011
In plaintiff's products liability suit against defendant for developing a life threatening disease after taking doses of Children's Motrin, district court's judgment in favor of defendant finding that plaintiff had been contributorily negligent is affirmed where: 1) Virginia law governs this case as, to avoid the incentive to forum shop, the initial place of injury is properly deemed the place in which the injury occurred; 2) there was enough evidence that plaintiff was contributorily negligent to bar her claim under Virginia law and enough evidence that her contributory negligence exceeded the defendant's negligence to bar her claim even if Illinois rather than Virginia law applied.
Appellate Information
- Argued 06/02/2010
- Decided 08/11/2010
- Published 08/11/2010
Judges
Court
- United States Seventh Circuit