Legal Opinion
DiBelardino v. Lemmon Pharmacal Co.
Supreme Court of Pennsylvania
Decided March 16, 1965No. Appeal, No. 43PublishedCited by 15 opinions
1Opinion of the Court
Opinion by
Mr. Justice Jones,
May a widow, as administratrix of her deceased husband’s estate, institute an action for wrongful death in assumpsit based upon an alleged breach of an implied warranty of fitness for use? Such is the issue on this appeal.
On or about August 29, 1960, Lemmon Pharmacal Company (Drug Company), sold and delivered to Dr. John Sanson “two 5 cc. vials of ‘Chyzyme Aqueous’, thereby warranting and representing that said drug was safe and fit for use as an injection into human beings generally”. On or about February 7, 1961, Vincent DiBelardino (decedent), purchased an…
2Cases cited36 opinions
- Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
- Burkhardt v. Armour & Co.Supreme Court of Connecticut · 1932
- Yania v. BiganSupreme Court of Pennsylvania · 1959
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Gardiner v. Philadelphia Gas WorksSupreme Court of Pennsylvania · 1964
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3Cited by15 opinions
- Miller v. PreitzSupreme Court of Pennsylvania · 1966
- Schnabl v. Ford Motor Co.Wisconsin Supreme Court · 1972
- Scott v. Eastern Air Lines, Inc.Court of Appeals for the Third Circuit · 1968
- Trimble Services, Inc. v. Franchise Realty Interstate Corp.Supreme Court of Pennsylvania · 1971
- Cole, Raywid & Braverman v. Quadrangle Development Corp.District of Columbia Court of Appeals · 1982
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