Legal Opinion
Herman v. Smith, Kline and French Laboratories
District Court, E.D. Wisconsin
Decided July 11, 1968No. 68-C-6PublishedCited by 4 opinions
1Opinion of the Court
DECISION ON MOTION
MYRON L. GORDON, District Judge.
The defendant has moved to dismiss the complaint which alleges a personal injury arising from the plaintiff’s use of a drug called Parnate, marketed by the defendant. The plaintiff claims that he was treated with the drug between February 21, 1961 and March 9, 1962, and he charges that the drug was not merchantable as to quality and was not reasonably fit for the purposes for which it was intended.
A fair reading of the complaint establishes that it is based on a claimed breach of warranty. In its motion for dismissal, the defendant urges that…
2Cases cited6 opinions
- United States v. Lexington Mill & Elevator Co.Supreme Court of the United States · 1914
- Gottsdanker v. Cutter LaboratoriesCalifornia Court of Appeal · 1960
- Orthopedic Equipment Co., Incorporated v. Dennis EutslerCourt of Appeals for the Fourth Circuit · 1960
- Koenig v. Milwaukee Blood Center, Inc.Wisconsin Supreme Court · 1964
- Betehia v. Cape Cod Corp.Wisconsin Supreme Court · 1960
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mauran v. Mary Fletcher HospitalDistrict Court, D. Vermont · 1970
- State of Florida Ex Rel. Broward County v. Eli Lilly & Co.District Court, S.D. Florida · 1971
- Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008
- Riegel v. Medtronic, Inc.Supreme Court of the United States · 2008