(DOWNLOAD) "Jolly V. Lilly" by Supreme Court Of California " Book PDF Kindle ePub Free
eBook details
- Title: Jolly V. Lilly
- Author : Supreme Court Of California
- Release Date : January 07, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This case presents the following questions: whether a plaintiff, in a suit for personal injury caused by a defective drug, who is unaware of any specific facts establishing wrongful conduct on the part of any drug manufacturer, may delay bringing an action until she discovers such facts; whether a claim, otherwise barred by the statute of limitations, can be revived due to our decision in Sindell v. Abbott Laboratories (1980) 26 Cal. 3d 588 [163 Cal. Rptr. 132, 607 P.2d 924, 2 A.L.R.4th 1061], in which we held that a plaintiff who is unable to identify the particular manufacturer of a fungible drug that caused injury to her can state a claim by joining defendants who manufactured a substantial percentage of the market share of the allegedly defective drug; and whether the filing of the class action in Sindell, supra, tolled the statute of limitations for members of the putative class until the class was denied certification. We answer these questions in the negative and so conclude that the suit is time-barred.
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