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599 A.2d 1364

Gorman v. Abbott Laboratories

Supreme Court of Rhode Island

Decided December 12, 1991

Supreme Court of Rhode Island · decided 1991-12-12

Relies on 26 Cal. 3d 588 - Sindell v. Abbott Laboratories

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-12

How this case has been cited

Cited by 9 later decisions — most recently December 2018

2 federal appellate · 2 district · 4 state decisions

60199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 ORDER

¶2 This case came before the court for oral argument December 2, 1991, pursuant to an order which had directed both parties to appear and show cause why their respective appeals should not be denied and dismissed. Defendants appeal from an order granting the plaintiff an extension of 120 days to transmit the record to this court following her filing of a notice of appeal. The plaintiff appeals from the granting of defendants’ motion for summary judgment.

¶3 After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that the granting of the extension of time did not constitute an abuse of discretion. We further hold that the entry of summary judgment in favor of the defendants was correct as a matter of law. We are not willing to adopt the market-share doctrine which has been accepted in the State of California in Sindell v. Abbott Laboratories, Inc., 26 Cal.3d 588, 163 Cal.Rptr. 132, 607 P.2d 924 (1980). See also D. Fischer, Products Liability — An Analysis of Market Share Liability, 34 Vand.L.Rev. 1623 (1982). We are of the opinion that the establishment of liability requires the identification of the specific defendant responsible for the injury-

¶4 Consequently the appeals of both parties are denied and dismissed. The summary judgment entered in the Superior Court is affirmed.

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