Finn V. Searle

Plaintiff Michael Finn, a minor, appeals from a judgment for defendants in a civil action for personal injury. The claimed prejudicial error arises from the trial court's modification of certain jury instructions offered by plaintiff. Although we granted hearing in this case to consider the application of strict liability principles to injurious side effects allegedly produced by prescription drugs, our review of the record has convinced us that in light of the basis upon which plaintiff tried his case, this broader issue is not properly before us. Rather, we shall conclude that plaintiff has not demonstrated that it is reasonably probable that the trial court's modifications of his proposed instructions affected the judgment. Accordingly, we will affirm the judgment.