(Download) "Eugenia Jerry v. Borden Company Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Eugenia Jerry v. Borden Company Et Al.
- Author : Supreme Court of New York
- Release Date : January 01, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Eugenia Jerry, the infant plaintiff, suffered complete baldness after undergoing hair straightening treatment at the hands of defendant Parisian Beauty Salon using a product known as Vigorol, manufactured by defendant the Borden Company. This action, brought on her behalf, sought recovery of damages from both these defendants on four counts: (1) against Borden on the theory of negligence in preparing Vigorol and in failing to give proper warnings concerning its use; (2) against Borden for breach of an implied warranty of fitness for use; (3) against Parisian on the theory of negligence in the application of Vigorol and in failing to provide proper training to its employees in the use of Vigorol; and (4) against Parisian for breach of an implied warranty of fitness for use. At the end of the plaintiffs case, the Trial Term dismissed the causes of action for breach of warranty and for negligent manufacture. It held that questions of fact existed with respect to (1) the adequacy of directions and warnings given by Borden concerning the use of Vigorol and (2) the reasonableness of the conduct of Parisian in treating Eugenia with the hair straightener.