Winter v. G.P. Putnam's Sons

938 F.2d 1033 (Ninth Cir.1991).

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Nature of the Case

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Facts

Winter (P) bought The Encyclopedia of Mushrooms, a book distributed by Putnam (D) but published by an English publisher. D neither wrote nor edited the book. P relied on descriptions in the book and ate some wild mushrooms. P required a liver transplant. P sued D for products liability; the book contained erroneous and misleading information. D countered that the information in the book was not a product under products liability. D was granted a summary judgment for dismissal. The trial court also rejected P's actions for negligence and misrepresentation. P appealed.