HOLMES v. LEE

No. 35,021-CA.

795 So.2d 1232 (2001)

Gloria HOLMES, Plaintiff-Appellant, v. Van LEE d/b/a Lee's City Drugs, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

September 28, 2001.


Attorney(s) appearing for the Case

Louis G. Scott, Counsel for Appellant.

Theus, Grisham, Davis & Leigh, by David H. Nelson, Monroe, Counsel for Appellee.

Before CARAWAY, KOSTELKA and DREW, JJ.


DREW, Judge.

Gloria Holmes appeals a judgment dismissing her tort action against Van Lee d/b/a Lee's City Drugs as prescribed. For the following reasons, we reverse.

FACTS

According to Ms. Holmes' petition, on September 3, 1998, she went to Lee's City Drugs to fill a prescription from her doctor. Instead of the medicine prescribed by the doctor, the pharmacy gave Ms. Holmes the drug Amitriptyline. Ms. Holmes' petition alleges that she did not discover...

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