George R. Scherer and Carolyn D. Scherer, His Wife v. American Cyanamid Company

Fifth Circuit

George R. Scherer and Carolyn D. Scherer, His Wife v. American Cyanamid Company

487 F.2d 517, 1973 U.S. App. LEXIS 6698

Court of Appeals for the Fifth Circuit·Decided December 4, 1973·No. 72-3730·Published

Opinion

PER CURIAM:

In this products liability case, involving serious injury to plaintiff from defendant’s drug, the only question is the correctness of the district court’s decision holding the action barred by the applicable statute of limitations, Sections 3536 and 3537 of the Louisiana Civil Code. We find no conflict of evidence touching on this matter which would warrant submission to the jury of the question of concealment by the defendant which would toll the statute. Cf. R. J. Reynolds Tobacco Co. v. Hudson, 314 F.2d 776 (5th Cir. 1963); Breaux v. Aetna Casualty & Surety Co., 272 F. Supp. 668 (E.D.La.1967).

The judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

In this products liability case, involving serious injury to plaintiff from defendant’s drug, the only question is the correctness of the district court’s decision holding the action barred by the applicable statute of limitations, Sections 3536 and 3537 of the Louisiana Civil Code. We find no conflict of evidence touching on this matter which would warrant submission to the jury of the question of concealment by the defendant which would toll the statute. Cf. R. J. Reynolds Tobacco Co. v. Hudson, 314 F.2d 776 (5th Cir. 1963); Breaux v. Aetna Casualty & Surety Co., 272 F. Supp. 668 (E.D.La.1967).

The judgment is affirmed.

George R. Scherer and Carolyn D. Scherer, His Wife v. American Cyanamid Company, 487 F.2d 517, 1973 U.S. App. LEXIS 6698 (5th Cir. 1973).

Pincite

487 F.2d 517 (George R. Scherer and Carolyn D. Scherer, His Wife v. American Cyanamid Company) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related