CONLEY v. BOYLE DRUG CO.

No. 67626.

570 So.2d 275 (1990)

Terri Lynn CONLEY, Petitioner, Cross-Respondent, v. BOYLE DRUG COMPANY, Etc., et al., Respondents, Cross-Petitioners.

Supreme Court of Florida.

Rehearing Denied January 9, 1991.


Attorney(s) appearing for the Case

Dianne J. Weaver of Weaver, Weaver, Lardin & Petrie, P.A., and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for petitioner/cross-respondent.

James E. Tribble and Diane H. Tutt of Blackwell, Walker, Fascell & Hoehl, Miami, for Boyle Drug Co., Ortho Pharmaceutical Corp. and E.R. Squibb & Sons, Inc. and Sandoz, Inc.

Ted R. Manry, III of MacFarlane, Ferguson, Allison & Kelly, Tampa, for The Upjohn Co.

Hugh J. Turner, Jr. of Kelley, Drye & Warren, Miami, Russel H. Beatie, Jr. of The Law Offices of Russel H. Beatie, Jr., New York City, and Arthur J. England, Jr. of Fine, Jacobson, Schwartz, Nash, Block & England, Miami, for Eli Lilly and Co.

Lamar D. Oxford of Dean, Ringers, Morgan & Lawton, Orlando, for Abbott Laboratories.

Richard A. Kupfer of Wagner, Nugent, Johnson, Roth, Romano, Eriksen & Kupfer, P.A., West Palm Beach, amici curiae, for The Ass'n of Trial Lawyers of America and The Academy of Florida Trial Lawyers.

Jack W. Shaw, Jr. of Mathews, Osborne, McNatt & Cobb, P.A., Jacksonville, amicus curiae, for Florida Defense Lawyers Ass'n.


EHRLICH, Justice.

We have for review Conley v. Boyle Drug Co., 477 So.2d 600 (Fla. 4th DCA 1985), in which the district court certified the following question as being of great public importance:

DOES FLORIDA RECOGNIZE A CAUSE OF ACTION AGAINST A DEFENDANT FOR MARKETING DEFECTIVE DES WHEN THE PLAINTIFF ADMITTEDLY CANNOT ESTABLISH THAT A PARTICULAR DEFENDANT WAS RESPONSIBLE FOR THE INJURY?

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