Red Bull Wrongful Death Lawsuit

Here is the complaint in Terry v. Red Bull North America, Inc., which was filed in New York State Court in Brooklyn on October 24, 2013.  The lawsuit seeks damages arising from the death of Cory Terry, which was allegedly caused by his ingestion of Red Bull.

According to the complaint:

On or about the evening of November 8, 2011, [Cory Terry], then 33 years old, went to Stephen Decatur School, in Brooklyn, New York to play basketball. Before and while playing basketball, [Cory Terry] ingested RED BULL. Thereafter, [Cory Terry] went into cardiac arrest. Cardiopulmonary resuscitation and advance life support were administered to [Cory Terry] on the scene.  [Cory Terry] was subsequently taken to Woodhull Medical and Mental Health Center in Brooklyn, New York, where he was pronounced dead.

Plaintiffs seek to recover under the theories of strict liability (design defect); strict liability (failure to warn); negligent design, manufacture, and sale; negligent failure to warn; fraud; breach of implied warranty; and wrongful death. They seek $5 million for each cause of action and $50 million for punitive damages.  (It is unclear why plaintiffs included specific numerical figures, given that CPLR 3017(c) specifically states that “[i]n an action to recover damages for personal injuries or wrongful death, the complaint … shall not state the amount of damages to which the pleader deems himself entitled.”)

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