Sisk v. Abbott Laboratories

Filing 234

JUDGMENT that this action is hereby DISMISSED WITH PREJUDICE in its entirety, and the Defendant shall recover its costs of the action from the Plaintiff. Signed by District Judge Martin Reidinger on 03/18/2014. (thh)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00159-MR-DLH

KIMBERLY S. SISK, individually and )
as mother and natural guardian of
)
S.A.S., a minor,
)
)
Plaintiff,
)
)
vs.
)
)
ABBOTT LABORATORIES, an
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Illinois corporation,
)
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Defendant.
)
_______________________________ )
JUDGMENT
THIS MATTER came on for trial and was heard by the undersigned
judge, and a jury was duly empaneled and has answered the issues
presented as follows:
1.

Has the Plaintiff proved, by the greater weight of the
evidence, either of the following:
(a)

That the Defendant was negligent in its manufacture
of the Similac Advance powdered infant formula at
issue, which negligence proximately caused injury
to the minor Plaintiff S.A.S.?

ANSWER: NO
(b)

That the Defendant was negligent in failing to
provide an adequate warning or instruction with the
Similac Advance powdered infant formula, which
negligence proximately caused injury to the minor
Plaintiff S.A.S.?
ANSWER: NO

2.

What amount of damages, if any, is the minor Plaintiff
S.A.S. entitled to recover from the Defendant?
ANSWER: N/A

3.

What amount of damages, if any, is the Plaintiff Kimberly
Sisk entitled to recover from the Defendant?
ANSWER: N/A

Based on the foregoing facts as found by the jury, the Court
concludes as a matter of law that the Defendant Abbott Laboratories is not
liable for the injuries to the minor Plaintiff S.A.S.
IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that
the Plaintiff shall recover nothing from the Defendant in the form of
damages.

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IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this
action is hereby DISMISSED WITH PREJUDICE in its entirety, and the
Defendant shall recover its costs of the action from the Plaintiff.
Signed: March 18, 2014

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