C.A. 2nd;
B238339

The Second Appellate District reversed a judgment and remanded. The court held that the jury's finding of liability on a claim of negligent failure to warn, but not on a claim of strict liability failure to warn, mandated reversal.

After taking Motrin, Christopher Trejo suffered a reaction in the form of a rare skin disease. He sued manufacturer McNeil Consumer Healthcare and its corporate parent, Johnson & Johnson, on various theories of products liability, four of which went to trial: strict liability failure to warn and negligent failure to warn, both based on defendants' failure to include the symptoms of skin reddening, rash, and blisters on Motrin's warning label, and strict liability design defect and negligent design defect, based on McNeil's failure to sell an allegedly safer product, dexibuprofen) rather than ibuoprofen. Returning a special verdict, the jury found McNeil liable for negligent failure to warn, negligent design defect, and strict liability design defect. The jury found McNeil not liable for strict liability failure to warn. The jury found Johnson & Johnson liable for strict liability design defect only.