KOCIEMBA v. G.D. SEARLE & CO.

Civ. No. 3-85-1599.

695 F.Supp. 432 (1988)

Esther R. KOCIEMBA and William J. Kociemba, Plaintiffs, v. G.D. SEARLE & CO., Defendant.

United States District Court, D. Minnesota, Third Division.

September 1, 1988.


Attorney(s) appearing for the Case

Michael V. Ciresi, Roger P. Brosnahan, David L. Suggs, Roberta Walburn of Robins, Larson, Miller & Ciresi, Minneapolis, Minn., for plaintiffs.

Paul Strain and Elizabeth Honeywell of Venable, Baetjer & Howard, Baltimore, Md., and Madge S. Thorsen of Oppenheimer, Wolff & Donnelly, Minneapolis, Minn., for defendant.


MEMORANDUM AND ORDER

RENNER, District Judge.

Before the Court is defendant's motion for directed verdict on the design defect issue. In essence, defendant requests this Court to reconsider its February 1, 1988 Order holding that the factfinder must determine the applicability of comment k to § 402A of the Restatement (Second) of Torts on a case-by-case basis.1 Kociemba v. G.D. Searle & Co., 680...

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