Michael v. Warner/Chilcott

OPINION

SUTIN, Judge.

This is an interlocutory appeal granted defendant McKesson-Robbins, ForemostMcKesson, Skaggs Drug Centers, and third party defendant, U.S. Nuclear, Inc. These parties will be designated as defendants. The trial court denied defendants’ motion for summary judgment and defendants appeal. We affirm.

A. Facts.

Plaintiff suffered with sinus congestion symptoms since about 1952. Over the years, he took a variety of medicines as initially prescribed by physicians. Around 1965, his physician prescribed “Sinutab” in writing to be ingested four a day on a daily basis. Plaintiff…