Toner v. Lederle Laboratories

KENNEDY, Circuit Judge:

This products liability case presented questions of state law which we certified to the Idaho Supreme Court. Toner v. Lederle Laboratories, 779 F.2d 1429 (9th Cir.1986). That court having issued a full opinion in response to the certification, Toner v. Lederle Laboratories, 112 Idaho 328, 732 P.2d 297 (1987), we now complete our disposition of the appeal, and we affirm the judgment for the plaintiff based on the jury’s finding of negligence.

The facts are set forth in detail in our previous opinion. 779 F.2d at 1430-31. Kevin Toner, the plaintiff in the trial court, was…