Could Reed maintain a lawsuit against Cypress despite lack of privity? J. C. Reed was arrested and..

Could Reed maintain a lawsuit against Cypress despite lack of privity?

J. C. Reed was arrested and brought to Chicago’s Fifth District Police Station. Police were allegedly aware that he was suicidal, having seen himslash his wrists earlier. They removed his clothing and dressed him in a paper isolation gown. Sadly, Reed used the gown to hang himself.
Reed’s mother, on his behalf, sued the police (for failing to monitor a suicidal inmate) and also Cypress Medical Products, the manufacturer of the isolation gown. The claim was that the gown should have been made of material that would tear if someone attempted to hang himself with it. Cypress moved to dismiss the suit, claiming that Reed had no privity with the company.

 

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