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KELLEY v. ASSOCIATED ANESTHESIOLOGISTS, INC.

No. 3-91-0277.

589 N.E.2d 1050 (1992)

226 Ill. App.3d 604

168 Ill.Dec. 650

Bryan KELLEY, a disabled person, by his guardian, Paul Kelley, Plaintiff, v. ASSOCIATED ANESTHESIOLOGISTS, INC., John C. Burdon, Defendants, Cross-Plaintiffs, Appellees (Burroughs Wellcome Co., a corporation, Defendant, Cross-Defendant, Appellant).

Appellate Court of Illinois, Third District.

Rehearing Denied April 23, 1992.

Attorney(s) appearing for the Case

William R. Brandt and Richard E. States, argued, Livingston, Barger, Brandt & Schroeder, Bloomington, for Burroughs Wellcome Co.

Robert R. Gorbold and Pamela Davis Gorkowski, argued, Rooks, Pitts & Poust, Joliet, for Associated Anesthesiologists and John C. Burdon.

Jerome Mirza, Jerome Mirza & Associates, Ltd., Bloomington, for Bryan and Paul Kelley.

Justice McCUSKEY delivered the opinion of the court:

Defendant drug manufacturer appeals from a judgment entered on a jury verdict apportioning liability between it and defendants anesthesiologists. The drug manufacturer contends the trial court should have entered judgment n.o.v. in its favor or, alternatively, ordered a new trial as to liability. We vacate the judgment against the drug manufacturer and assess total liability against defendants anesthesiologists...

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