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CAVANAUGH v. ABBOTT LABORATORIES

No. 84-012.

496 A.2d 154 (1985)

Donna Marie CAVANAUGH v. ABBOTT LABORATORIES, Upjohn Company, Schering Corp., White Laboratories, Merck and Co., Inc., E.R. Squibb & Sons, Inc., and Eli Lilly and Co.

Supreme Court of Vermont.

April 26, 1985.

Attorney(s) appearing for the Case

Robert E. Manchester and Geoffrey W. Crawford of Manchester & O'Neill, P.C., Burlington, for plaintiff-appellee.

John T. Sartore and Stephen J. Soule of Paul, Frank & Collins, Inc., Burlington, for defendant-appellant Abbott Laboratories.

William H. Quinn of Pierson, Affolter & Wadhams, Burlington (William E. Bush, Kalamazoo, Mich., of counsel), for defendant-appellant The Upjohn Co.

McNamara, Fitzpatrick & McCormick, Burlington, for defendants-appellants Schering Corp. and White Laboratories, Inc.

Saxer, Anderson & Wolinsky, Burlington, for defendant-appellant Merck and Co.

James W. Spink of Dinse, Allen & Erdmann, Burlington, for defendant-appellant E.R. Squibb & Sons, Inc.

Richard E. Davis and Edwin W. Free, Jr., of Richard E. Davis Associates, Inc., Barre, and Marshall Simonds, P.C., James J. Dillon, and Timothy J. Langella of Goodwin, Procter & Hoar, Boston, Mass., for defendant-appellant Eli Lilly and Co.

Before HILL, UNDERWOOD, PECK and GIBSON, JJ., and BARNEY, C.J. (Ret.), Specially Assigned.

UNDERWOOD, Justice.

This is an interlocutory appeal by seven defendant drug manufacturers, in a drug product liability case, challenging the correctness of the order of the Addison Superior Court denying their motions for either judgment on the pleadings or summary judgment. Each of the defendants in support of its motion claimed it was entitled to judgment as a matter of law, alleging that the plaintiff's drug product liability suit against them was barred by applicable...

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