[Download] "Bristol-Myers Company v. Ramon Gonzales Et Al." by Supreme Court of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: Bristol-Myers Company v. Ramon Gonzales Et Al.
- Author : Supreme Court of Texas
- Release Date : January 01, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Ramon Gonzales sued Bristol-Myers Company, the Upjohn Company, and Dr. Rufino Gonzalez for deafness resulting from administration by Dr. Gonzalez of Bristol-Myers Kantrex and Upjohns neomycin. Bristol-Myers and Upjohn were sued in strict liability for improper warnings, and Dr. Gonzalez was sued in negligence for improper treatment. Shortly before the trial, plaintiff Gonzales entered into a settlement agreement with Dr. Gonzalez and non-suited both Dr. Gonzalez and Upjohn. Dr. Gonzalez remained in the case as a third party defendant to Bristol-Myers claim for indemnity or contribution. Dr. Gonzalez also filed a third party complaint against Bristol-Myers seeking indemnity or contribution. The trial court rendered judgment for plaintiff on the jury verdict against Bristol-Myers for $800,000 and denied Bristol-Myers any relief from Dr. Gonzalez. The court of civil appeals reformed the judgment by granting Bristol-Myers contribution from Dr. Gonzalez by reducing the award for plaintiff Gonzales against Bristol-Myers to $400,000. 548 S.W.2d 416. Applications for writ of error were filed by Bristol-Myers, Dr. Gonzalez, and plaintiff Gonzales. We reverse the judgment of the courts below and remand the cause for another trial.