Contemporary Business and Online Commerce Law 7th Edition by Henry R Cheeseman

Exercise 10

Public Policy Kristi Norgart McBride lived with her husband in Santa Rosa, California. Kristi suffered from manic-depressive mental illness (now called bipolar disorder). In this disease, the person cycles between manic (ultrahappy, expansive, extroverted) episodes to depressive episodes. The disease is often treated with prescription drugs. Kristi attempted suicide. A psychiatrist prescribed an antianxiety drug. One year later, Kristi attempted suicide again by overdosing on drugs. The doctor prescribed Halcion, a hypnotic drug, and added Darvocet-N, a mild narcotic analgesic. In October, after descending into a severe depression, Kristi committed suicide by overdosing on Halcion and Darvocet-N. In October exactly six years after Kristi’s death, Leo and Phyllis Norgart, Kristi’s parents, filed a lawsuit against the Upjohn Company, the maker of Halcion, for wrongful death based on Upjohn’s alleged failure to warn of the unreasonable dangers of taking Halcion. There was a one-year statute of limitations for bringing wrongful death actions. Upjohn’s made a motion for summary judgment based on the fact that the one-year statute of limitations for wrongful death actions had run.

What is a statute of limitations? What public purpose is served by having a statute of limitations? Can Kristi’s parents pursue their wrongful death lawsuit against Upjohn? Norgart v. The Upjohn Company, 21 Cal.4th 383, 87 Cal.Rpt.2nd 453, Web 1999 Cal. Lexis 5308 (Supreme Court of California)