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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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