• Evidence of Causation Alone Insufficient to Defeat Summary Judgment
  • February 27, 2012 | Author: Robert Hernandez
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In a recent products liability case, the California Court of Appeals affirmed summary judgment for a defendant and held that evidence that a product caused an allergic reaction was insufficient by itself to establish the existence of a product defect. In Hennigan v. White (2011) 199 Cal.App.4th 395, a plaintiff had alleged a cause of action for strict liability against a cosmetologist, her business, and a pigment manufacturer. The relevant facts were that the cosmetologist had performed a tattooing procedure that affixed permanent makeup on plaintiff’s eyebrows and eyelids. Several months later, plaintiff began experiencing adverse reactions and developed granulomas and a bacterial infection in her eyebrows and eyelids. Ultimately, one of her eyelids drooped to such an extent that she had to undergo surgery to repair it.