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GROVER BY GROVER v. ELI LILLY AND CO.

No. 93-3520.

33 F.3d 716 (1994)

Charles C. GROVER, a minor, by his father and next friend Brent GROVER; Candy Grover; Robbie Grover; Adam Green, a minor, by Sheldon Green, his father and next friend; Linda Green; Sheldon Green, Plaintiffs-Appellees, v. ELI LILLY AND COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 8, 1994.

Attorney(s) appearing for the Case

Donald P. Traci (briefed), William Hawal (argued), Spangenberg, Shibley, Traci, Lancione & Liber, Cleveland, OH, for Charles C. Grover, Candy Grover and Robbie Grover, plaintiffs-appellees.

Robert A. Marcis, Spangenberg, Shibley, Traci, Lancione & Liber, Cleveland, OH, for Adam Green, Linda Green and Sheldon Green.

Marc L. Swartzbaugh (briefed), Jones, Day, Reavis & Pogue, Cleveland, OH, Andrew See (briefed), Mark C. Hegarty (argued), Shook, Hardy & Bacon, Kansas City, MO, for Eli Lilly and Co.

Before: NORRIS and DAUGHTREY, Circuit Judges; and GILMORE, Senior District Judge.

ALAN E. NORRIS, Circuit Judge.

Defendant, Eli Lilly and Company, appeals the district court's grant of a voluntary dismissal without prejudice to plaintiffs. Because the district court abused its discretion by entering the dismissal without prejudice, we vacate the district court's order and remand for further proceedings.

I.

In December 1983, Charles Grover, a minor, and his parents filed suit against defendant in the Ohio court of common pleas...

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