Bonney v. Upjohn Co.

OPINION

DOUGLAS W. HILLMAN, District Judge.

Plaintiffs have sued The Upjohn Company, Inc., alleging personal injuries from ingesting Lincocin, an antibiotic drug manufactured by the defendant. Presently before the court is defendant’s motion for summary judgment alleging plaintiffs’ claims were not timely filed.

1. THE FACTS.

Plaintiff, Wallace Bonney, was injured in a work related accident in 1956 while employed with the H. L. Lockrow Co. He remained unemployed for about a year as a result of a spinal compression fracture and collected workmen’s compensation. He later returned to Lockrow and…