BLUM v. MERRELL DOW PHARMACEUTICALS


385 Pa.Super. 151 (1989)

560 A.2d 212

Jeffrey BLUM, a Minor by his Parents and Natural Guardians, Joan and Fred BLUM and Joan and Fred Blum, in Their Own Right, Appellees, v. MERRELL DOW PHARMACEUTICALS INC. and Rite-Aid Pharmacy. Appeal of MERRELL DOW PHARMACEUTICALS, INC. Jeffrey BLUM, a Minor by his Parents and Natural Guardians, Joan and Fred BLUM and Joan and Fred Blum, in Their Own Right, Appellants, v. MERRELL DOW PHARMACEUTICALS INC. and Rite-Aid Pharmacy, Appellees. Jeffrey BLUM, a Minor by his Parents and Natural Guardians, Joan and Fred BLUM and Joan and Fred Blum, in Their Own Right, Appellants, v. MERRELL DOW PHARMACEUTICALS INC. and Rite-Aid Pharmacy, Appellees. Jeffrey BLUM, a Minor by his Parents and Natural Guardians, Joan and Fred BLUM and Joan and Fred Blum, in Their Own Right, Appellees, v. MERRELL DOW PHARMACEUTICALS INC. and Rite-Aid Pharmacy. Appeal of MERRELL DOW PHARMACEUTICALS, INC. ("MERRELL DOW").

Supreme Court of Pennsylvania.

Filed June 14, 1989.


Attorney(s) appearing for the Case

Joseph E. Conley, Jr., Philadelphia, for appellant (at 1813, 2016) and appellees (at 1866, 1867).

Thomas R. Kline, Philadelphia, for appellees (at 1813, 2016) and appellants (at 1866, 1867).

Before CAVANAUGH, POPOVICH and HOFFMAN, JJ.


POPOVICH, Judge:

This case involves cross-appeals from the orders of the Court of Common Pleas of Philadelphia County, all reduced to judgment, challenging the entry of delay damages (at Nos. 1866 & 2016 PHL 1988), the grant of Rite Aid Pharmacy's judgment n.o.v. (at No. 1867 PHL 1988), and the denial of a judgment n.o.v. and/or a new trial by Merrell Dow Pharmaceuticals, Inc. (at No. 1813 PHL 1988). We reverse in part and affirm in part.

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