Lewis v. Baker, Richardson-Merrell, Inc.

Plaintiff brought action against a drug retailer and a manufacturer for damages allegedly resulting from the use of MEB/29 (triparanol). The complaint alleged both negligence and breach of warranty. Plaintiff appeals from a judgment entered on a verdict for the manufacturer after the trial court withdrew from the jury’s consideration the allegations of breach of warranty. (Plaintiff took a voluntary nonsuit with reference to the retailer, and the retailer is not a party to this appeal.)

The case was tried prior to the publication of our two most recent products-liability decisions: Wights v.…