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SERNA v. ROCHE LABORATORIES

No. 7718.

684 P.2d 1187 (1984)

Manuel SERNA, Plaintiff-Appellee, v. ROCHE LABORATORIES, DIVISION OF HOFFMAN-LaROCHE, INC., Silver Rexall Drug, and Pierson Deming, M.D., Defendants-Appellants.

Court of Appeals of New Mexico.

July 17, 1984.

Attorney(s) appearing for the Case

Jeffrey R. Fredricks, Alice Tomlinson Lorenz, Miller, Stratvert, Torgerson & Brandt, P.A., Albuquerque, for defendants-appellants Roche Laboratories.

Anthony F. Avallone, Law Systems of Las Cruces, P.A., Las Cruces, for plaintiff-appellee.

OPINION

HENDLEY, Judge.

This court granted defendant Roche Laboratories' application for an interlocutory appeal from the district court's denial of its motion for summary judgment. The issue is whether Richards v. Upjohn Co., 95 N.M. 675, 625 P.2d 1192 (Ct.App. 1980), precludes summary judgment as a matter of law, in favor of a manufacturer, in a products liability case when the theory...

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