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Delgado v. Universal Beauty Prods. Inc.

Products Liability, Negligence Action Is Dismissed for Lack of Proof of Causation

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MEMORANDUM & ORDER Plaintiff, Lucy Delgado, brings this action alleging negligence, strict products liability and breach of warranty, predicated upon a single use of a hair care product manufactured by defendant Universal Beauty Products, Inc., which she claims caused her permanent hair loss. Plaintiff’s case, however, faces an insurmountable hurdle: the complete absence of proof of causation. Presently before the Court are the parties’ cross-motions for summary judgment. For the reasons that follow, plaintiff’s motion is denied, and defendant’s motion is granted. Factual Background Defendant Universal Beauty Products, Inc. markets a product known as Robert’s Diamond Bond (the “product”). DE 1, at 14; 56, at 6. Robert’s Diamond Bond is a gel hair product, which, when applied to the head, dries to form a hard shell1 allowing the user to glue on hair extensions more safely. DE 52, at 6; 56, at 6. Hair loss is a known risk of adhesives used to apply hair extensions. DE 52, at 26; 56, at 26. Robert’s Diamond Bond purports to protect the user’s natural hair from such adhesives. DE 56, at 6. Plaintiff purchased the product from a beauty supply store in Jamaica, Queens, DE 52, at

28, 30, and, on November 1, 2015 applied it to her hair and scalp in her home.2 Id. at 18. Plaintiff washed, conditioned and dried her hair, gathered it into a ponytail, and applied the product. Id. at

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