Raymond v. Eli Lilly & Co.
New Hampshire Supreme Court
117 N.H. 164, 371 A.2d 170 (1977)
- Written by Sharon Feldman, JD
Facts
In 1975, Patricia and Arthur Raymond (the Raymonds) (plaintiffs) sued Eli Lilly & Co. (Lilly) (defendant), alleging that an oral contraceptive Lilly manufactured caused Patricia to become blind. Lilly removed the action to federal court and moved for summary judgment on the ground that the Raymonds’ claims were time-barred. The district court denied summary judgment, finding that Patricia was injured in 1968 but neither knew nor had reason to know of her potential claim until 1970 or 1971, which was when her cause of action accrued. Lilly appealed. The First Circuit certified to the New Hampshire Supreme Court the question whether New Hampshire’s six-year statute of limitations was tolled until the discovery of the cause of action if the plaintiff’s injury was caused by a drug and the plaintiff did not learn of the possible causal connection between the drug and the injury until after the injury occurred.
Rule of Law
Issue
Holding and Reasoning (Kenison, C.J.)
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