HOCHBERG v. ZOECON CORP.


421 Mass. 456 (1995)

TEDD K. HOCHBERG & others vs. ZOECON CORPORATION & others.

Supreme Judicial Court of Massachusetts, Middlesex.

December 8, 1995.


Attorney(s) appearing for the Case

Steven L. Hoffman (G. Thomas Pauling with him) for the plaintiffs.

Robert L. Ciociola (Thomas J. Walsh & Carmine W. DiAdamo with him) for the defendants.

Present: LIACOS, C.J., WILKINS, LYNCH, & O'CONNOR, JJ.


O'CONNOR, J.

The plaintiff Tedd K. Hochberg (Hochberg) seeks damages for personal injuries he allegedly sustained as a result of using Pro Dip II, a pesticide manufactured, distributed or sold by the defendants. The plaintiffs Carolyn K. Hochberg and Beth Hochberg, respectively, assert claims for loss of consortium and loss of parental society. The plaintiffs' theories of recovery are negligence and breach of implied warranty of merchantability.

The defendants...

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