(Download) "Smith v. E R Squibb & Sons" by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. E R Squibb & Sons
- Author : Supreme Court of Minnesota
- Release Date : January 10, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Eddie Smith, Jr., administrator of the estate of Shirley Smith, deceased, brought an action for wrongful death against E. R. Squibb & Sons, Inc., St. Joseph Mercy Hospital, Anthony E. Kozlinski, M.D., and other doctors. The decedents death was caused by an acute hypersensitive reaction to Renografin-60 (a Squibb product) which was injected into her blood stream as a contrast medium for an X-ray examination. The plaintiff alleged that defendant Squibb had failed to give adequate warnings to the medical profession of the dangers of the product and precautions to take in using it. This failure was said to constitute both a breach of an implied warranty and negligence. The Wayne Circuit Court, Nathan J. Kaufman, J., refused the plaintiffs request to charge the jury on the theory of breach of implied warranty. The trial court also excluded evidence of subsequent remedial measures taken by defendant Squibb. The jury gave a directed verdict for defendant Kozlinski which was not appealed, and a verdict of no cause of action for the other defendants. Following a settlement with the other defendants, plaintiff appealed only as to Squibb. The Court of Appeals, Bashara, P.J., and D. F. Walsh and W. S. White, JJ., affirmed (Docket No. 19119). Plaintiff appeals the judgment. Leave to appeal is limited to the issues of the jury instructions and the evidence question. Held :
 "Smith v. E R Squibb & Sons" by Supreme Court of Minnesota ~ eBook PDF Kindle ePub Free){kind=link}