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WAL-MART STORES, INC. v. TUCKER

No. 02-876.

120 S.W.3d 61 (2003)

WAL-MART STORES, INC., and Russell White v. Vivian TUCKER, Individually and as Administratrix of the Estate of John Kenneth Tucker, et al.

Supreme Court of Arkansas.

June 19, 2003.

Attorney(s) appearing for the Case

Jones & Hudspeth (Texarkana, Texas), by: Michael F. Jones; and Kutak Rock, LLP (Lincoln, Nebraska), by: Norman M. Krivosha, Lincoln, NE, for appellants.

Law Offices of E. Ben Franks (Texarkana, Texas), by: E. Ben Franks, for appellee.

ANNABELLE CLINTON IMBER, Justice.

This appeal stems from the negligence of a Wal-Mart pharmacist in misfilling a prescription for John Tucker that purportedly resulted in his death. A jury awarded $150,000 to Mr. Tucker's estate, $1,000,000 to his wife, and $125,000 to his daughter. Wal-Mart Stores, Inc., and its pharmacist, Russell White, argue on appeal that there was insufficient evidence to support a finding on the element of proximate cause, that the verdict...

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