Diaz v. Eli Lilly & Co.

The principal factual issue at trial in this negligence action was whether the defendant’s product, Parnon, was the cause of the plaintiff’s blindness, more specifically, his condition of bilateral optic atrophy. While working for a commercial rose grower, the plaintiff had sprayed roses with Parnon, and he claimed that his loss of vision was caused by toxic agents in that product. The jury found for the defendant.

The sole issue on the plaintiff’s appeal 2 is whether the trial judge erred in instructing the jury that they could not consider opinions and diagnoses contained in the plaintiff’s…