GUARIGLIA v. PRICE CHOPPER OPERATING COMPANY INC.


13 A.D.3d 1028 (2004)

787 N.Y.S.2d 451

DANIEL GUARIGLIA, Individually and as Administrator of the Estate of COURTNEY GUARIGLIA, Deceased, Respondent, v. PRICE CHOPPER OPERATING COMPANY, INC., et al., Defendants, and WILLIAM J. SCHADY III, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 2004.


Cardona, P.J.

On January 22, 1995, defendant William J. Schady III (hereinafter defendant), a licensed pharmacist employed by defendant Price Chopper Operating Company, Inc., arrived at the home of decedent, a two-year-old child, and her mother. It is undisputed that defendant left a duffle bag, containing an unsecured vial with valium and codeine therein, in a place where it was accessible to the child. During the evening, decedent ingested the drugs and, thereafter...

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