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WERNER v. UPJOHN CO., INC.

Nos. 78-1090 to 78-1092.

628 F.2d 848 (1980)

Jack WERNER, Appellee, v. The UPJOHN COMPANY, INC., a body corporate of the State of Delaware, Appellant, and Ralph J. Carbo, Jr., M.D. and Ralph J. Carbo, Jr., M.D., P.A., a body corporate of Maryland, Defendants. Jack WERNER, Appellee, v. Ralph J. CARBO, Jr., M.D., Appellant, and Ralph J. Carbo, Jr., M.D., P.A., a body corporate of Maryland and The Upjohn Company, Inc., a body corporate of the State of Delaware, Defendants. Jack WERNER, Appellant, v. Ralph J. CARBO, Jr., M.D. and Ralph J. Carbo, Jr., M.D., P.A., a body corporate of Maryland, and The Upjohn Company, Inc., a body corporate of the State of Delaware, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1980.

Attorney(s) appearing for the Case

Roy L. Mason, Rockville, Md. (William A. Ehrmantraut, Rockville, Md., on brief), for appellant Ralph J. Carbo, Jr., M.D.

M. King Hill, Jr., Baltimore, Md. (Jon H. Grube and Michael A. Pretl, Smith, Somerville & Case, Baltimore, Md., on brief), for appellant The Upjohn Co., Inc.

Melvin J. Sykes, Baltimore, Md. (Max R. Israelson, Stuart M. Salsbury, Israelson & Jackson, P.A., Baltimore, Md., on brief), for appellee Jack Werner.

Before RUSSELL and WIDENER, Circuit Judges, and MERHIGE, District Judge.

WIDENER, Circuit Judge:

The plaintiff, Jack Werner, brought this action against the Upjohn Co. and Dr. Ralph J. Carbo, an ophthalmologist, to recover damages for injuries Werner received as result of his taking the prescription drug Cleocin which was manufactured by Upjohn and prescribed by Dr. Carbo. Jurisdiction is based on diversity of citizenship and the requisite amount in controversy.

The case was tried to a jury which found that Carbo was negligent...

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