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DIAZ v. ELI LILLY & CO.

14 Mass. App. Ct. 448 (1982)

440 N.E.2d 518

JOSE SANTOS DIAZ vs. ELI LILLY AND COMPANY (and a companion case).

Appeals Court of Massachusetts, Middlesex.

September 20, 1982.

Attorney(s) appearing for the Case

Paul R. Sugarman (W. Thomas Smith with him) for the plaintiffs.

Marshall Simonds (Anthony M. Feeherry & Paul E. Nemser with him) for the defendant.

Present: HALE, C.J., GRANT, [ DREBEN, JJ.

DREBEN, J.

The principal factual issue at trial in this negligence action was whether the defendant's product, Parnon, was the cause of the plaintiff's blindness, more specifically, his condition of bilateral optic atrophy. While working for a commercial rose grower, the plaintiff had sprayed roses with Parnon, and he claimed that his loss of vision was caused by toxic agents in that product. The jury found for the...

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