![]() ![]() The Court is aware of no court which has held that the content of a magazine or other publication is a product within the meaning of § 402A of the Second Restatement of Torts. Plaintiffs' claims under strict liability are without support in existing case law. Having considered the arguments of the parties and the applicable law, the Court is of the opinion that the Motion should be GRANTED and the action DISMISSED without prejudice, with leave to amend. They make the novel claims that the article is both an attractive nuisance for which defendant has a duty of social responsibility, and a dangerous instrumentality or a defective, unreasonably dangerous product. They allege that defendant negligently published an inflammatory article on the practice of "autoerotic asphyxiation" entitled, "Orgasm of Death," which caused the death of plaintiffs' son and brother. Plaintiffs have sued Hustler in tort and under the *803 wrongful death statute, under the theories of negligent publication and strict liability. ![]() (Hustler's) Motion to Dismiss for failure to state a claim. Jack Price, Austin, Tex., for defendants.īefore the Court is defendant Hustler Magazine, Inc. Wallis, Haynes & Fullenweider, Houston, Tex., for plaintiffs. ![]()
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