Wagmeister v. A. H. Robins Co.

This is an appeal from two orders, one entered June 2,1976, dismissing A. H. Robins Company (hereinafter “Robins”), the other entered September 24, 1976, dismissing Dr. Ernest Nora. Plaintiff contends: (1) that the court below erred in dismissing Robins without first hearing evidence; and (2) that the four-year statute of limitations applicable to breach of implied warranty actions is applicable in the case at bar. We affirm.

On June 2, 1975, plaintiff filed a complaint against defendants. In substance, the complaint alleged that Robins manufactured a birth control device known as the Daikon…