DAVE EVANS, LISKOWITZ V. describes a significant victory re Vapes. The court upheld the Complaint for:
COUNT I:
DEFECTIVE DESIGN – NEW JERSEY PRODUCTS LIABILITY ACT – N.J.S.A. 2A:58C-1 ET SEQ.
COUNT II:
PRODUCT LIABILITY – FAILURE TO WARN (NEW JERSEY PRODUCTS LIABILITY ACT – N.J.S.A. 2A:58C-1 ET SEQ.
III and VI were dismissed without prejudice
The order – -which runs to 30 pages – can be accessed hereby:
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In a first of its kind lawsuit in New Jersey, a victim of Big Cannabis is seeking to hold it accountable for the terrifying mental health disorder Plaintiff suffered after using intoxicating hemp cannabis products.
The plaintiff is an athletic professional. While training, Plaintiff began consuming intoxicating cannabis hemp products.
After a few months of use, Plaintiff became psychotic and suicidal, suffering from extreme delusions and paranoia, and was hospitalized. After the hospitalization, the Plaintiff was discharged to Plaintiff’s parents, and they flew back to their home state for further treatment.
While traveling, the Plaintiff believed that they were being followed by the FBI and would be subject to arrest. To protect the parents from arrest, Plaintiff sought the opportunity to flee. While traveling home from the airport, the plaintiff jumped out of the back seat car window and ran across six lanes of traffic and, to the horror of the parents watching from the car, and jumped off a 135-foot bridge, landing head-first into a river.
Miraculously, Plaintiff survived, but Plaintiff’s injuries included a torn ACL, right shoulder dislocation, and extensive road rash. Plaintiff subsequently received substance abuse and psychological treatment and stopped using hemp products. Plaintiff and family are still recovering from this harrowing ordeal.
As established by decades of medical research and as recognized by the National Institute of Health (NIH), the National Academy of Sciences, and the Center for Disease Control (CDC), cannabis use is indelibly linked to the development of psychosis and other mental health disorders such as schizophrenia, suicidal ideation, and depression.
Despite the robust evidence, Big Cannabis refuses to warn consumers of the devastating potential side effects. Worse, Big Cannabis actively and maliciously markets these products as safe, even medicinal.
We are in the midst of a gathering mental health epidemic caused by increasing use of cannabis, especially high-potency cannabis after years of Big Cannabis’s sophisticated and coordinated legalization efforts. There are tens, if not hundreds, of thousands who have been injured in a similar way to the Plaintiff. Many, however, have failed to draw the connection between their cannabis use and their mental health disorders because the public relations arm of Big Cannabis has so effectively hidden and confused the association in an effort to realize extravagant profits.
This suit, drawing upon various consumer protection laws, seeks to hold the cannabis industry accountable for its lies and its failure to adequately warn an unsuspecting public of its products’ considerable and often devastating dangers.
The suit also seeks to raise awareness about the association between cannabis and mental health disorders so that those affected current or former users who have suffered at the hands of Big Cannabis can take action.
The case has survived a Motion to Dismiss
The Plaintiff is being represented in this matter by attorney David Evans whose office is in Flemington NJ . If you, or someone you know, has been affected by cannabis, Mr. Evans will be happy to discuss your potential claims.
Mr. Evans can be reached at 908-963-0254. (www.addictionslaw.com)
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