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HAPPEL v. WAL-MART STORES, INC.

No. 2-99-1154.

737 N.E.2d 650 (2000)

316 Ill. App.3d 621

250 Ill.Dec. 28

Heidi HAPPEL and Kent Happel, Plaintiffs-Appellants, v. WAL-MART STORES, INC., d/b/a Wal-Mart, Defendant-Appellee.

Appellate Court of Illinois, Second District.

September 29, 2000.

Attorney(s) appearing for the Case

Kenneth C. Chessick, Patricia E. Raymond, John W. Fisk, Cary S. Chessick, Joan R. Stohl and Eric R. Holdridge, Law Office of Kenneth C. Chessick, M.D., Schaumburg, for Heidi Happel, Kent Happel.

Mark W. Monroe, James F. McCluskey, Momkus, Ozog & McCluskey, Downers Grove, for Wal-Mart Stores, Inc.

John F. Atkinson, Dale J. Atkinson, Julia C. Works, Atkinson & Atkinson, Evanston, for Amicus Curiae National Association of Boards of Pharmacy.

S. Lawrence Kocot, Don L. Bell, Brian Gallagher, National Association of Chain Drug Stores, Alexandria, VA, for Amicus Curiae National Association of Chain Drug Stores.

Justice INGLIS delivered the opinion of the court:

Plaintiffs, Heidi and Kent Happel, appeal the judgment of the circuit court of McHenry County granting summary judgment in favor of defendant, Wal-Mart Stores, Inc., and denying plaintiffs' motion to amend their complaint. The court held that defendant had no duty to inform either plaintiff Heidi Happel or her physician that Heidi was potentially fatally allergic to a prescription drug; it also denied plaintiffs'...

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