Justice Arthur Diamond
Atico International USA (Atico) moved for summary judgment in this products liability action stemming from Galluscio's wrongful death suit. Plaintiff alleged defective manufacturing and distribution of a heating pad purchased by decedent at CVS pharmacy that allegedly caused decedent's death. Atico's senior vice president of merchandising stated Atico was not involved in the manufacturing or distribution of the product, noting Atico acted solely as a sourcing company giving CVS Atico Asia, who located a manufacturer in China for the manufacturing of heating pads. Yet, the court stated one could not claim Atico's involvement in the distribution chain was so peripheral so as to be excluded from strict products liability. It stated Atico did not just refer CVS to Atico Asia to obtain a manufacturer, but also admitted it provided instructions for the use of the heating pad. Thus, the court stated while Atico was not part of the manufacturing, it was part of the distribution chain of placing the product in the stream of commerce. It concluded, regarding the claim for negligence in failure to warn and the action for strict liability, Atico's claim that plaintiffs did not read the warnings or look for them was not a bar to recovery on that theory.
