No. 82-1844.

116 Wis.2d 166 (1984)

342 N.W.2d 37

Therese Marie COLLINS, now known as Therese Marie Gastrow, Plaintiff-Appellant, v. ELI LILLY COMPANY; Rexall Drug Company; E.R. Squibb & Sons, Inc.; Abbott Laboratories; Boyle & Company; Cooper Laboratories, Inc. (formerly Brewer & Company, Inc., and Sherman Laboratories); Vale Chemical Company, Inc.; Upjohn Company; Cole Pharmacal Company; McNeil Laboratories, Inc.; Carnrick Laboratories, a division of G.W. Carnrick Company; Emons Industries, Inc. (formerly Amfre-Grant and Grant Chemical Company); E.S. Miller Laboratories, a division of Smith, Miller & Patch Products; Premo Pharmaceutical Laboratories, Inc.; Kremers-Urban Company; Merck, Sharp & Dohme; William A. Webster Company; and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 4, 1984.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were joint briefs by Thomas H. Bleakley, Richard J. Dimanin and Thomas H. Bleakley, P.C., Detroit, Michigan, and Gerald J. Bloch and Phillips, Bloch and Donohue, S.C., Milwaukee, and oral argument by Thomas H. Bleakley.

For the defendants-respondents there was a joint brief by Richard C. Ninneman and Whyte & Hirschboeck, S.C., Milwaukee, and Hugh L. Moore and Lord, Bissell and Brook, Chicago, Illinois, attorneys for Abbott Laboratories, and on behalf of: Harold A. Dall, Joseph J. Ferris and Kasdorf, Dall, Lewis & Swietlik, S.C., Milwaukee, and Lane D. Bauer, Leo P. Dreyer, Laura D. Stith and Shook, Hardy & Bacon, Kansas City, Missouri, attorneys for Eli Lilly and Company; Hanlin Hayes, Milwaukee, attorney for E.R. Squibb and Sons, Inc., and Boyle and Company; Irving W. Zirbel, Milwaukee, attorney for Upjohn Company; Robert W. Connell, Milwaukee, attorney for Cooper Laboratories and E.S. Miller Laboratories; William F. Reilly, Waukesha, attorney for Vale Chemical Company, Cole Pharmacal Company and Carnrick Laboratories, Inc.; Carl N. Otjen, Milwaukee, attorney for Rexall Drug Company; Edmund W. Powell, Milwaukee, attorney for Kremers-Urban Company and McNeil Laboratories, Inc.; Donald H. Carlson, Milwaukee, attorney for Premo Pharmaceutical Laboratories, Inc.; John A. Kluwin, Milwaukee, attorney for Merck, Sharp & Dohme; and Robert A. DuPuy, Milwaukee, attorney for Emons Industries, Inc., and oral argument by Hugh L. Moore and Lane D. Bauer.


This is an appeal from a judgment and an order of the circuit court for Milwaukee county, Judge Marvin C. Holz, granting summary judgment for the defendant drug companies and denying the plaintiff's motion to amend her second amended complaint to identify as a sole defendant Eli Lilly and Company. The plaintiff appealed and petitioned to bypass the court of appeals pursuant to sec. 808.05 and sec. (Rule) 809.60, Stats. We granted the petition...

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