Khan v. Shiley Inc.
Court of Appeal of California
266 Cal. Rptr. 106 (1990)
Relevant factsFree
Khan (plaintiff) had a heart valve manufactured by Shiley (defendant) implanted, and the valve was later recalled for being prone to fracture and causing death, with a second surgery deemed too dangerous to remove it. Khan lived in constant fear the valve could fracture and kill her at any time, and sued Shiley for emotional-distress damages under a products-liability theory; the trial court granted Shiley summary judgment, finding no evidence her specific valve would fail, making her claim speculative and premature.
IssueFree
Whether a plaintiff may maintain a design-defect claim based on the emotional distress resulting from fear that a defective product may malfunction in the future.
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