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OWENS BY OWENS v. BOURNS, INC.

No. 83-2059.

766 F.2d 145 (1985)

Joshua Seth OWENS, by His Guardian Ad Litem, Sandra Drury OWENS, Appellee, and Palmer Lee Owens, Sandra Drury Owens, Plaintiffs, v. BOURNS, INC., Appellant, and General Medical Corporation, Defendant, American Academy of Pediatrics, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1985.

Rehearing and Rehearing Denied July 30, 1985.

Attorney(s) appearing for the Case

Joseph E. Elrod, III, Greensboro, N.C. (J. Reed Johnston, Jr., Tuggle Duggins Meschan & Elrod, P.A., Greensboro, N.C., Robert G. Byrd, Chapel Hill, N.C., Burton Craige, Professor of Law, University of North Carolina, Raleigh, N.C., on brief), for appellant.

Donald R. Harris, Chicago, Ill. (Richard L. Verkler, Jenner & Block, Chicago, Ill., on brief), for amicus curiae.

Richmond G. Bernhardt, Jr., Greensboro, N.C. (Stephen W. Earp, Smith Moore Smith Schell & Hunter, Greensboro, N.C., on brief), for appellee.

Before WINTER, Chief Judge, WIDENER, Circuit Judge, and KELLAM, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Rehearing and Rehearing En Banc Denied July 30, 1985.

HARRISON L. WINTER, Chief Judge:

This tragic case involves a claim by plaintiffs Joshua Owens and his parents alleging that Joshua Owens' blindness was caused by the defective design of defendant's infant ventilator equipment. The district court denied defendant's motion for a directed verdict, and a jury awarded plaintiffs a judgment of $1,500,000. Defendant, Bourns, Inc., manufacturer of the ventilator...

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