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HOFHERR v. DART INDUSTRIES, INC.

No. 87-1644.

853 F.2d 259 (1988)

Jane W. HOFHERR and Robert A. Hofherr, Plaintiffs-Appellants, v. DART INDUSTRIES, INC., Defendant-Appellee, and Eli Lilly & Company, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1988.

Attorney(s) appearing for the Case

Michelle Adrien Parfitt (Peter T. Enslein, Peter T. Nicholl, Ashcraft & Gerel, James F. Rosner, Whiteford, Taylor & Preston, on brief) for plaintiffs-appellants.

A. Edward Grashof (Sheila Moeller Fessler, Winthrop, Stimson, Putnam & Roberts, Thomas J. Wohlgemuth, Smith & Wohlgemuth, on brief) for defendant-appellee.

Before WIDENER and CHAPMAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

WIDENER, Circuit Judge:

Plaintiffs, Jane and Robert Hofherr, appeal from a directed verdict entered against them in this diversity action. The Hofherrs instituted this products liability case against Dart Industries, Inc. (Dart) and Eli Lilly & Company (Lilly) for injuries suffered by Mrs. Hofherr allegedly as a result of her mother's ingestion of the drug diethylstilbestrol (DES) while pregnant.1

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