Diaz v. Eli Lilly & Co.,

302 N.E.2d 555 (1973)

Facts

W alleges that she is the wife of H and that Eli Lilly (D) manufactured Parnon. W alleged that H made use of Parnon in the course of his work and as a result of exposure sustained severe bodily injuries. W alleged a loss of consortium and that D was responsible as it failed to properly warn about Parnon. D demurred on that ground that no cause of action was stated. The demurrer was sustained, and W appealed after she refused to amend the complaint.