TOOLE v. RICHARDSON-MERRELL INC.

Docket No. 23181.

251 Cal.App.2d 689 (1967)

60 Cal. Rptr. 398

ALLEN D. TOOLE, Plaintiff and Respondent, v. RICHARDSON-MERRELL INC., Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

June 12, 1967.


Attorney(s) appearing for the Case

Bronson, Bronson & McKinnon, Harold R. McKinnon, Lawrence E. Walsh, Richard E. Nolan, Alfred E. Schretter, J. Anthony Kline and Davis, Polk, Wardwell, Sunderland & Kiendl for Defendant and Appellant.

Herron & Winn, John Wynne Herron and Dennis B. Conklin for Plaintiff and Respondent.

Paul D. Rheingold and Speiser, Shumate, Geoghan & Krause, as Amici Curiae for Plaintiff and Respondent.


SALSMAN, J.

Appellant Richardson-Merrell Inc.1 appeals from a judgment on a jury's verdict awarding respondent Toole $175,000 general damages and $500,000 punitive damages for injuries suffered as a result of the use of a drug manufactured and marketed by appellant and prescribed for respondent's use by his physician. The trial court granted appellant's motion for a new trial solely on the...

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