¶1dissenting.
¶2I, agree that movant has failed to establish that there is no genuine issue as to a material fact in connection with plaintiff’s allegations that Parke, Davis was negligent in failing to heed warnings given to it about the dangerous properties of Chloromycetin, and in failing to give adequate warnings to the medical. profession of the dangerous properties of the drug. Therefore, I would ordinarily concur in the result reached by the majority in reversing the summary judgment in favor of Parke, Davis.
¶3However, the majority opinion gives sanction to pleading a cause of action for “improperly marketing and overpromot-ing” Chloromycetin and requires movant to establish that no genuine issue as to a material fact exists with respect to such nebulous allegations. In so doing, the majority opinion seems to hold that allegations that Parke, Davis “improperly marketed and overpromoted” constitutes allegations of fact upon which relief can be granted. It seems to me that an allegation that defendant “improperly marketed and overpromoted” does not rise even to the dignity of notice pleading. Unless such “improper marketing and overpromoting” are alleged to be accomplished by some conduct amounting to fraud or deceit, or the result of some recognizable negligence, it does not allege a claim sufficiently particular to give the court and the parties notice of the transactions, occurrences, or series of transactions or occurrences intended to be proved as required by G.S. 1A-1, Rule 8.