HOME INS CO v. AM HOME PRODS


75 N.Y.2d 196 (1990)

Home Insurance Company, Plaintiff, v. American Home Products Corporation et al., Defendants.

Court of Appeals of the State of New York.

Decided January 18, 1990.


Attorney(s) appearing for the Case

Sheila L. Birnbaum, Irene A. Sullivan, Timothy G. Reynolds and Douglas W. Dunham for plaintiff.

Daniel J. Thomasch, Louis C. Lustenberger, Jr., and Susan M. Hart for American Home Products Corporation and another, defendants.

Eugene R. Anderson, Irene C. Warshauer, John H. Kazanjian, James Walker Smith and Tracy E. Makow for The Product Liability Advisory Council, Inc., amicus curiae.

Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur; Chief Judge WACHTLER taking no part.


HANCOCK, JR., J.

A judgment for $9.2 million in compensatory damages and $13 million in punitive damages, based on a jury verdict, was recovered in an Illinois trial court against American Home Products Corp. (AHP). The damages were awarded for the grave and permanent injuries (including severe impairment of mental function) sustained by Marcus Batteast, a two-year-old boy, as a result of the administration of...

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