Sidney Curie v Petzicon Products, Inc.
Sally, a female West Highland Terrier, was purchased in October 2010, from a breeder in Chestnut Hill, Virginia, by Sidney Curie. After one year, Curie had successfully shown Sally in local, state, and regional dog shows. As a two-year old, Sally earned the nation’s most coveted award, Best in Show, at the prestigious American Accredited Breed Dog Show. Shortly afterward, Curie observed some minor discomfort in Sally, which Curie initially thought to be anxiety related. Upon closer examination, Curie determined Sally was reacting to a minor flea irritation. Curie’s first course of action was to apply Bright Blue Shampoo, a flea shampoo manufactured by Petzicon Products, Inc. Sally experienced no noticeable relief. Curie’s second course of action was immediately to apply FleaX, a topical flea treatment also manufactured by Petzicon Products, Inc. Following the treatment, Sally began exhibiting neurological problems, the loss of function of her rear legs, and disorientation. The following day, Sally was examined by a veterinarian and remained at the clinic for intensive care for an “apparent toxic event.” Two days following Sally’s admission to the clinic, she died.
The Plaintiff has instituted a civil action and alleges liability on the part of the Defendant, Petzicon Products, Inc. for the manufacture and sale of FleaX, an “unreasonably dangerous product.” The Plaintiff further alleges to have suffered damages as a result of the death of the dog.
The Defense denies any responsibility for the allegations stated in the complaint. The Defendant also alleges that, if the dog's death was related to the use of its product, it was caused by the Plaintiff's improper application of the flea treatment.