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FELDMAN v. LEDERLE LABORATORIES

234 N.J. Super. 559 (1989)

561 A.2d 288

CAROL ANN FELDMAN, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. LEDERLE LABORATORIES, A DIVISION OF AMERICAN CYANAMID COMPANY, A MAINE CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 1989.

Attorney(s) appearing for the Case

William C. Slattery, argued the case for the appellant and cross-respondent Lederle Laboratories, a Division of American Cyanamid Company (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys; and Norris, McLaughlin & Marcus, of counsel; James L. Melhuish and William C. Slattery, of counsel and on the brief; Scott Friedman, Michael K. Tuzzio, Kevin E. Wolff, Robert S. Corcoran, on the brief).

James I. Peck, IV, argued the case for the respondent, cross-appellant.

Marc S. Klein argued the case for the amici curiae, Pharmaceutical Manufacturers Association and E.R. Squibb & Sons, Inc. (Sills, Beck, Cummis, Zuckerman, Radin, Tischman & Epstein, attorneys; Charles J. Walsh, Marc S. Klein, Bruce J. Brennan, Geoffrey R.W. Smith, Howard L. Dorfman, of counsel and on the brief).

Before Judges MICHELS, MUIR, Jr. and KEEFE.

The opinion of the court was delivered by KEEFE, J.S.C. (temporarily assigned).

In this failure to warn product liability case, defendant Lederle Laboratories (Lederle), a division of American Cyanamid Company, appeals from an adverse jury verdict in favor of plaintiff, Carol Ann Feldman.1 The general theory of liability presented by plaintiff at trial was that Lederle's product, Declomycin...

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