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Michal v. PDK Labs9/18/2003
UNPUBLISHED
Plaintiff Barbara J. Michal, as personal representative of the estate of decedent Kristopher Michal, appeals as of right an order granting the motions for summary disposition of defendants PDK Labs (PDK), BDI Pharmaceuticals (BDI), Hammer Corporation (Hammer), and 7 Eleven Inc (7 Eleven). Defendants cross-appeal, offering additional grounds for affirming the order. This case arose when Kristopher Michal died from an overdose of ephedrine, an ingredient in over-the-counter products manufactured and distributed by PDK, BDI, and Hammer, and sold at 7 Eleven convenience stores. Because we conclude that Michal failed to present evidence that would rebut the statutory presumption of manufacturer and seller non-liability, establish the existence of an alternative production practice that would have avoided the harm, or show that the harm was not caused by an inherent and necessary characteristic of the products in question, we affirm. We also affirm the dismissal of Michal's failure-to-warn claim, because it should have been obvious to a reasonably prudent consumer that serious harm can result from taking an overdose of an over-the-counter drug.
I. Basic Facts And Procedural History
At the time of his death, Kristopher Michal was a twenty-four-year-old man who was employed as a truck driver. On March 14, 1997, Kristopher Michal drove to Saginaw to pick up his former wife, Nicole Michal, from the airport. After meeting with Kristopher Michal's boss and eating at an area restaurant, the Michals drove to Grand Rapids. During that drive, Nicole Michal noticed several packages of a product called "Mini-Thins" or "Mini Two-Way Action" (Mini-Thins) on the floor of the truck, as well as a bottle of Maximum Strength Efedrin. Both these products contained ephedrine, a drug with stimulant properties that is used to treat asthma, among other conditions. Nicole Michal saw Kristopher Michal take "at least three or four tablets" during the drive from Saginaw to Grand Rapids, although she did not specify which product he took. It is undisputed that this amount exceeded the recommended dose on the labels.
On arrival in Grand Rapids, as Kristopher Michal was unloading his truck, Nicole Michal saw him walk to the truck and lean on it, then fall to the ground, groaning and convulsing. The police and paramedics arrived in response to her 911 call and attempted to resuscitate Kristopher Michal; however, he died after being taken to the hospital. An autopsy determined that the cause of death was acute and chronic stimulant toxicity from ephedrine use. Both Nicole Michal and Barbara Michal (Michal), Kristopher Michal's mother, were aware that Kristopher habitually used ephedrine products to help him stay awake and to give him more energy. Kristopher Michal had evidently experienced nausea and tremors as a result of using ephedrine products but, contrary to the label's instructions, had never consulted a physician and did not stop using the products.
On March 13, 2000, Michal, as personal representative of Kristopher Michal's estate, filed a five-count complaint against defendants. Count I alleged negligence and misconduct in connection with defendants' manufacture, distribution, packaging, sale, and failure to warn of the dangers associated with use of Mini-Thins and Maximum Strength Efedrin. Count II alleged breach of implied warranty on various grounds, including inadequate labeling, failure to warn of the dangers of ephedrine, failure to adequately test the products, and that the products were not reasonably fit for the ordinary purpose for which they were used. Count III alleged breach of express warranty for manufacturing, marketing, distributing, and selling ephedri
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