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NICHOLS v. CENTRAL MERCHANDISE, INC.

No. 65,953

16 Kan. App. 2d 65 (1991)

817 P.2d 1131

JUANITA D. NICHOLS; and DARIO D. NICHOLS, a minor, by and through his Conservator, LILLIAN R. UNDERWOOD, Appellants, v. CENTRAL MERCHANDISE, INC. (d/b/a SUPER D DRUGS), Appellee.

Court of Appeals of Kansas.

Opinion filed September 27, 1991.

Attorney(s) appearing for the Case

John A. Bausch and Timothy Pringle, of Benfer, Bausch & Blumreich, P.A., of Topeka, and J.H. Eschmann, of Ascough, Eschmann & Oyler, P.A., of Topeka, for appellants.

Steve R. Fabert and Edwin D. Smith, of Fisher, Patterson, Sayler & Smith, of Topeka, for appellee.

Before ELLIOTT, P.J., PIERRON, J., and WILLIAM M. COOK, District Judge, assigned.

Petition for review denied 250 Kan. 805 (1991).

ELLIOTT, J.:

In this personal injury action, it is alleged that Central Merchandise, Inc., d/b/a Super D Drugs, negligently dispensed prescription medication to Juanita D. Nichols which caused bone abnormalities in her subsequently born child, Dario Nichols. Juanita and Dario Nichols appeal the trial court's granting of summary judgment in favor of Super D Drugs. We affirm.

The facts are not in serious...

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