Legal Opinion
Werner v. Upjohn Co.
Court of Appeals for the Fourth Circuit
Decided August 4, 1980No. Nos. 78-1090 to 78-1092PublishedCited by 105 opinions
1Opinion of the Court
WIDENER, Circuit Judge:
The plaintiff, Jack Werner, brought this action against the Upjohn Co. and Dr. Ralph J. Carbo, an ophthalmologist, to recover damages for injuries Werner received as result of his taking the prescription drug Cleocin which was manufactured by Upjohn and prescribed by Dr. Carbo. Jurisdiction is based on diversity of citizenship and the requisite amount in controversy.
The case was tried to a jury which found that Carbo was negligent in prescribing the drug and that his negligence proximately caused or contributed to plaintiff’s injury; that Upjohn was negligent in either…
2Cases cited12 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Ault v. International Harvester Co.California Supreme Court · 1974
- Smith v. E R Squibb & Sons, IncMichigan Supreme Court · 1979
- Wayne Robbins v. Farmers Union Grain Terminal AssociationCourt of Appeals for the Eighth Circuit · 1977
- Chambers v. G. D. Searle & Co.District Court, D. Maryland · 1975
7 more not listed; retrieve them via the Exa API.
3Cited by105 opinions
- Richard Arnold, IV v. Eastern Air Lines, Inc. v. United States of America, Francis C. Mihalek v. Eastern Air Lines, Inc. v. United States of America, Helen Rae Weston, as of the Estate of Lewis M. Weston, Deceased v. Eastern Air Lines, Inc., the Aetna Casualty and Surety Company Aetna Insurance Company American Empire Insurance Company Commercial Union Insurance Company Compagnies D'AssurAnces Du Groupe Concorde Continental Casualty Company Employers Mutual Liability Insurance Company of Wisconsin Hartford Fire Insurance Company Industrial Indemnity Company Maryland Casualty Company Reliance Insurance Company Royal Indemnity Company St. Paul Fire and Marine Insurance Company Security Insurance Company of Hartford the Travelers Indemnity Company Underwriters at Lloyd's and Associated British Insurance Companies United States Fidelity and Guaranty Company United States Fire Insurance Company Zurich Insurance Company v. United States of America Bernard C. Groseclose Alden E. Hare William L. Hogan Dennis L. HunterCourt of Appeals for the Fourth Circuit · 1982
- Werner v. CarboCourt of Appeals for the Fourth Circuit · 1984
- Forrest A. Flaminio and Gloria Flaminio v. Honda Motor Company, Ltd., a Japanese CorporationCourt of Appeals for the Seventh Circuit · 1984
- Hale v. Firestone Tire & Rubber Co.Court of Appeals for the Eighth Circuit · 1985
- McEwen v. City of NormanCourt of Appeals for the Tenth Circuit · 1991
100 more not listed; retrieve them via the Exa API.