Abstract
LORD v. PARKE, DAVIS & COMPANY, Leagle, 19843736PaDampC3d1_137, January 11, 1984.
” Defendants, Merck & Co., William H. Rorer, Inc., Rexall Drug Company, Parke-Davis & Co. and Rowell Laboratories, Inc., each filed motions for summary judgment alleging in substance that they had not manufactured or distributed DES during the time period or in the market area relevant to plaintiffs cause of action and were therefore entitled to judgment in their favor as a matter or law. Factual evidence submitted by each of defendants clearly supported his allegations. Plaintiffs’ response to each of defendants’ motions presented no factual evidence to contradict defendants’ contentions. Instead, plaintiffs argued that defendants were liable under various theories of vicarious liability which have been widely propounded in the course of nationwide DES litigation — alternative liability, enterprise liability and concert of action. We rejected plaintiffs’ theories as applied to the instant motions and, in light of the demonstrated absence of a genuine issue of fact as to liability, we granted defendants’ respective motions. “
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