Desai v. Chasnoff

PRESIDING JUSTICE QUINLAN

delivered the opinion of the court:

Plaintiff appeals from the trial court’s order granting defendant-physicians’ motion to dismiss his amended complaint on the ground that the plaintiff’s claim of breach of warranty was barred by the applicable statute of limitations and also that it failed to state a cause of action.

Plaintiff alleges that on December 13, 1979, the defendant, Dr. Chasnoff, a licensed physician, administered a “DPT” shot to plaintiff’s infant daughter. The “DPT” shot was manufactured by codefendant Wyeth Laboratories. Later that same day, plaintiff…