Abbott Laboratories v. C. K. Gravis

In a former suit, it was alleged that Mrs. Elma Gravis suffered partial paralysis and other injuries as the result of an abdominal operation. She and her husband, respondents here, sued the hospital, the doctors, and the anesthetist for various acts of negligence. They also sued Abbott Laboratories, a petitioner here, with regard to drugs used in the operation and as a conspirator with the other defendants. In the former suit, summary judgment was entered for all defendants including Abbott. Since there was no appeal by the plaintiffs as to Abbott, this court affirmed that summary judgment for Abbott. As to other defendants, this court reversed the judgment of the courts below and remanded the cause for trial. Gravis v. Physicians & Surgeons Hospital of Alice, 427 S.W.2d 310 (1968).