Legal Opinion
Milissa Garside v. Osco Drug, Inc.
Court of Appeals for the First Circuit
Decided February 6, 1990No. 89-1738PublishedCited by 1,427 opinions
1Opinion of the Court
SELYA, Circuit Judge.
In this diversity case, appellants calum-nize the district court for taking too grudging a view of alternative liability under Massachusetts tort law. But they are attempting to slide into home plate without ever having reached second base.
I
Appellants, plaintiffs below, are Milissa Garside, a minor, and her parents. In April 1982, a physician prescribed amoxicil-lin to treat Milissa’s ear infection. She was simultaneously taking phenobarbital for seizures. On April 23, prescriptions for both drugs were filled at a nearby pharmacy. Milissa took the medication as…
2Cases cited27 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Robert C. Hahn v. Francis W. SargentCourt of Appeals for the First Circuit · 1975
22 more not listed; retrieve them via the Exa API.
3Cited by1,427 opinions
- Samuel Mesnick v. General Electric CompanyCourt of Appeals for the First Circuit · 1991
- Jose MEDINA-MUNOZ, Etc., Et Al., Plaintiffs, Appellants, v. R.J. REYNOLDS TOBACCO COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1990
- In Re Paoli Railroad Yard PCB LitigationCourt of Appeals for the Third Circuit · 1994
- Gerald Griggs-Ryan v. Beulah Smith, Gerald Griggs-Ryan v. Richard ConnellyCourt of Appeals for the First Circuit · 1990
- Theodore L. Leblanc v. Great American Insurance CompanyCourt of Appeals for the First Circuit · 1993
1,422 more not listed; retrieve them via the Exa API.