Legal Opinion

Thompson v. Wyeth Laboratories Division of American Home Products Corp.

Pennsylvania Court of Common Pleas, Delaware County

Decided February 24, 1969No. 12335 of 1965PublishedCited by 1 opinion

1Opinion of the Court

Lippincott, 2d, J.,

Plaintiff asks leave to amend twice his original complaint in trespass long after the statute of limitations has run. The amendments are opposed on the ground that they *361constitute new causes or theories of actions to the prejudice of defendants.

Plaintiff’s complaint states that he contracted poliomyelitis after purchasing and consuming Sabin oral polio vaccine, which he pleads “[defendants] negligently manufactured, produced, tested, packaged and sold . . The first proposed amendment seeks to add to this general allegation of negligence a statement that “. . . in packaging,…

2Cases cited6 opinions

  1. Webb v. ZernSupreme Court of Pennsylvania · 1966
  2. Schaffer v. LarzelereSupreme Court of Pennsylvania · 1963
  3. Kuchinic v. McCrorySupreme Court of Pennsylvania · 1966
  4. Cucinotti v. OrtmannSupreme Court of Pennsylvania · 1960
  5. Byers v. BaconSupreme Court of Pennsylvania · 1915

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Kuisis v. Baldwin-Lima-Hamilton Corp.Supreme Court of Pennsylvania · 1974

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