McFARLIN v. JACK ECKERD CORP.

No. 90-677.

581 So.2d 181 (1991)

Aquilla McFARLIN, Appellant, v. JACK ECKERD CORPORATION, a Foreign Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 22, 1991.


Attorney(s) appearing for the Case

Perse & Ginsberg, Miami, and Bernard H. Butts, Jr., Hialeah, and Arnold Ginsberg, Miami, for appellant.

Nelson & Tacher and David L. Willing, Miami, for appellee.

Before FERGUSON, LEVY and GODERICH, JJ.


PER CURIAM.

An Eckerd pharmacist negligently filled McFarlin's eye drop prescription with an ear drop solution. She suffered an eye injury when the product was administered according to instructions.

A jury returned a verdict finding that McFarlin had suffered $40,000 in damages based on a loss of business earnings. Eckerd's motion for a new trial was granted based on a finding by the trial court that the defendant had been "materially prejudiced by allowing...

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