Smith v. St. Therese Hospital

Plaintiff, Evelyn B. Smith, brought this action against a hospital, certain physicians and several drug manufacturers, for the recovery of damages alleged to have been sustained by her when she was administered the drug Atrophine Sulphate. The trial court granted the motion to dismiss of defendant, Eli Lilly & Co. (Lilly) brought under section 48(1) (i) of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 48(1)(i)). This interlocutory appeal concerns only the dismissal of Lilly from the action.

In her complaint filed on February 6, 1979, counts III, IV and V joined as defendants…