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DEE v. WAL-MART STORES, INC.

No. 1D02-4997.

878 So.2d 426 (2004)

Michael DEE, as Personal Representative of the Estate of Nicole Dee, deceased, Appellant, v. WAL-MART STORES, INC., and Roberto Morales, M.D., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 29, 2004.

Attorney(s) appearing for the Case

J. Bruce Bowman, Robert G. Churchill, Jr., and Craig A. Dennis, of Dennis, Bowman, Jackson, Martin & Fontela, P.A., Tallahassee, for Appellant.

James Evangelista, Tampa, and Cecil Davis, Tallahassee, for Appellee Wal-Mart Stores, Inc.; and Maria Santora, Tallahassee, for Appellee Roberto Morales. M.D.

BARFIELD, J.

Michael Dee, as Personal Representative of the Estate of Nicole Dee, deceased, appeals the dismissal of a negligence claim against Wal-Mart Stores, Inc., for failure of the amended complaint to state a cause of action. The complaint alleged negligence on the part of the pharmacy at Wal-Mart in filling a prescription for Nicole Dee. We reverse.

It is alleged that Nicole Dee received a prescription for a 50 microgram Duragesic patch from her physician...

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