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LEWIS v. BAKER

243 Or. 317 (1966)

413 P.2d 400

LEWIS v. BAKER, RICHARDSON-MERRELL, INC.

Supreme Court of Oregon.

Affirmed April 20, 1966.

Attorney(s) appearing for the Case

Donald H. Londer, Portland, argued the cause for appellant. With him on the briefs was Nels Peterson, Portland.

James Arthur Powers, Portland, argued the cause for respondent. With him on the brief were Edwin J. Peterson and Tooze, Powers, Kerr, Tooze & Peterson, Portland, and Richard E. Nolan and Davis, Polk, Wardwell, Sutherland & Kiendl, New York, New York.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and SCHWAB, Justices.

AFFIRMED.

GOODWIN, J.

Plaintiff brought action against a drug retailer and a manufacturer for damages allegedly resulting from the use of MER/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...

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