KINTIGH v. ABBOTT PHARMACY

Docket No. 143369.

200 Mich. App. 92 (1993)

503 N.W.2d 657

KINTIGH v. ABBOTT PHARMACY

Michigan Court of Appeals.

Decided June 7, 1993, at 10:15 A.M.


Attorney(s) appearing for the Case

William G. Reamon, Sr., for David C. Kintigh.

Tolley, Fisher & Verwys, P.C. (by Mark H. Verwys and James B. Doezema), for Abbott Pharmacy and Benny Abbott.

Kluczynski, Girtz & Vogelzang (by Ella S. Parker), for Bud Discount Pharmacy, Russell M. Ripma, Lewis Langridge, Richard T. Gibson, and Edwin C. Gort.

Denenberg, Tuffley, Bocan, Jamieson, Black, Hopkins & Ewald, P.C. (by Curt A. Benson and Michelle F. Kitch), for Cascade Pharmacy, Charles J. Leen, Heartside Pharmacy, James G. Coombs, and Peter L. Middleton.

Davis & Fajen (by Peter A. Davis and Nelson P. Miller), for Eastgate Pharmacy and Ward Duyser.

Farr & Oosterhouse (by John R. Oostema), for Finer Wyoming Pharmacy and Robert B. Feighner.

Bremer, Wade, Nelson, Mabbitt & Lohr (by Phillip J. Nelson), for The Medicine Shoppe and Kurt Johnson.

Cholette, Perkins & Buchanan (by Robert E. Attmore), for Gene Meyer Pharmacy, Edward G. Cantor, and Edward G. Sindelar.

Smith, Haughey, Rice & Roegge (by Lance R. Mather), for Reagan's Pharmacy and B. Terrence Reagan.

Miller, Canfield, Paddock & Stone (by Gary E. Mitchell), for Rite-Aid Discount Pharmacy, Timothy Bos, Robert G. Mitchell, Joseph Bristol, David R. Smith, and Sweet's Pharmacy.

Linsey, Strain & Worsfold, P.C. (by Peter D. Bosch), for Tom's Pharmacy, Thomas J. Taylor, Richard Kleff, and David Zeile.

Before: MICHAEL J. KELLY, P.J., and WEAVER and D.E. SHELTON, JJ.


WEAVER, J.

Plaintiff brought suit against defendants, twelve pharmacies and twenty-two pharmacists, alleging that defendants repeatedly sold Schedule V (21 USC 812), nonprescription, codeine-based cough syrup to plaintiff, perpetuating his preexisting substance abuse problem. Plaintiff alleged defendants' repeated cough syrup sales to him constituted negligence and a breach of the professional standard defendants owed him. Defendants collectively moved for summary...

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