Brady v. Abbott Laboratories

433 F.3d 679 Ernest Eugene BRADY, husband; Marritta Kay Brady, wife; James Dean Brady, husband; Flossie Marie Brady, wife, Plaintiffs-Appellees, v. ABBOTT LABORATORIES, an Illinois corporation (including Ross Products Division of Abbor Laboratories, improperly named), Defendant-Appellant, and ABC Entities, I-X; John/Jane Does, I-X; Ross Products, a Division of Abbott Laboratories, Inc., Defendants. No. 04-15257. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 15, 2005. Filed December 29, 2005. John C. Lemaster, Ryley Carlock & Applewhite, Phoenix, AZ, for the defendant-appellant. Brad K. Keogh, Phoenix, AZ, for the plaintiffs-appellees. Appeal from the United States District Court for the District of Arizona; James A. Teilborg, District Judge, Presiding. D.C. No. CV 01-00886 JAT. Before: FARRIS, TASHIMA, and CALLAHAN, Circuit Judges. TASHIMA, Circuit Judge: 1 This is a diversity action arising under Arizona law and stems from Abbott Laboratories' ("Abbott") construction of a basement beneath its manufacturing facility. After a bench trial, the district court awarded judgment in favor of plaintiffs, Ernest Eugene Brady, Marritta Kay Brady, James…