McKENNA v. ORTHO PHARMACEUTICAL CORP.

No. 78-2567.

622 F.2d 657 (1980)

Sondra L. McKENNA and James R. McKenna, Appellants, v. ORTHO PHARMACEUTICAL CORPORATION.

United States Court of Appeals, Third Circuit.

Reassigned January 2, 1980.

Decided March 18, 1980.

Rehearing Denied June 17, 1980.


Attorney(s) appearing for the Case

John E. Evans, Jr. (argued), Evans, Ivory & Evans, Pittsburgh, Pa., for appellants.

G. Daniel Carney, Thorp, Reed & Armstrong, Pittsburgh, Pa., David F. Dobbins, Patterson, Belknap, Webb & Tyler, New York City, Robert W. Sparks (argued), Johnson & Johnson, New Brunswick, N. J., for appellee.

Before ADAMS, HUNTER and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

ADAMS, Circuit Judge.

After trial, but prior to the presentation of the case to the jury, the district court in this diversity case granted defendants' motion for a directed verdict on the ground that Ohio law barred recovery. Because we are persuaded by a careful review of the Ohio decisional law, as well as other relevant sources, that the Supreme Court of Ohio would not construe its statute of limitations so as to preclude recovery...

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