Percival v. American Cyanamid Co.

ORDER

PHILLIPS, District Judge.

Before the Court are two motions for partial summary judgment filed October 27, 1987, by defendant American Cyanamid Company, d/b/a Lederle Laboratories (hereinafter “Lederle”). The first motion concerns the learned intermediary and sophisticated user rules; the second motion concerns the adequacy of Lederle’s warnings. Plaintiffs responded in opposition to both motions on November 16, 1987, and both parties presented oral argument to the Court on November 23, 1987. 1

The facts presented to the Court upon a Motion for Summary Judgment must be construed in a light…