Legal Opinion

Kovach v. Caligor Midwest

Indiana Supreme Court

Decided September 8, 2009No. 49S04-0902-CV-88PublishedCited by 53 opinions

1Opinion of the Court

On Petition To Transfer from the Indiana Court of Appeals, No. 49404-0707 CV-406

BOEHM, Justice.

The plaintiffs allege their son was given a fatal overdose of pain medication by a nurse after a surgical procedure. The plaintiffs sued the manufacturers and distributors of the medicine cup used to administer the medication, alleging defects in design of the eup and failure to warn that the cup was not suitable for precision measurement. We affirm summary judgment in favor of these defendants because these claimed defects did not cause the death. The undisputed facts establish that if an overdose…

2Cases cited11 opinions

  1. Dreaded, Inc. v. St. Paul Guardian Insurance Co.Indiana Supreme Court · 2009
  2. Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
  3. Peters v. ForsterIndiana Supreme Court · 2004
  4. Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
  5. City of Gary Ex Rel. King v. Smith & Wesson Corp.Indiana Supreme Court · 2003

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3Cited by53 opinions

  1. Barbara Kaiser v. Johnson & JohnsonCourt of Appeals for the Seventh Circuit · 2020
  2. Heather N. Kesling v. Hubler Nissan, Inc.Indiana Supreme Court · 2013
  3. Cheryl Dalton v. Teva North AmericaCourt of Appeals for the Seventh Circuit · 2018
  4. Reiswerg v. StatomIndiana Supreme Court · 2010
  5. Ryan v. Lawyers Title Insurance Corp.Indiana Court of Appeals · 2011

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