Kristine Nanut Ann Nanut v. Kimberly-Clark Corporation

89 F.3d 846 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kristine NANUT; Ann Nanut, Plaintiffs-Appellants, v. KIMBERLY-CLARK CORPORATION, Defendant-Appellee. No. 94-16948. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 13, 1996. Decided June 24, 1996. 1 Before: HALL and BRUNETTI Circuit Judges, and WEINER, 1 Senior District Judge. MEMORANDUM 2 2 Kristine Nanut and her mother Ann Nanut brought this suit against Kimberly-Clark Corporation alleging causes of action for strict liability, negligence, negligent infliction of emotional distress and emotional distress on a theory of strict liability. On or about June 24, 1991, Kristine, then eighteen years old, began using Kotex Security Tampons, manufactured by Kimberly-Clark. Three or four days later, she began experiencing flu-like symptoms. On June 30, 1991, Kristine was diagnosed with Toxic Shock Syndrome (TSS) at a local emergency room. 3 Plaintiffs filed their complaint on May 29, 1992. By…