POWERS v. THOBHANI

No. 4D04-2061.

903 So.2d 275 (2005)

Robert POWERS, as Personal Representative of the Estate of Gail Powers, Appellant, v. Shirin H. THOBHANI, M.D., Your Druggist, Inc., and B.A.L. Pharmacy, Inc., d/b/a The Medicine Shoppe, Appellees.

District Court of Appeal of Florida, Fourth District.

June 1, 2005.


Attorney(s) appearing for the Case

Stephanie Alexander of Tripp Scott, P.A., Fort Lauderdale, for appellant.

Scott A. Cole of Cole, Scott & Kissane, P.A., Miami, and Mark L. Pomeranz of Pomeranz & Sandsman, North Miami, for appellee Your Druggist, Inc.

Jay B. Green and Jonathan M. Matzner of Green, Ackerman & Frost P.A., Boca Raton, for appellee B.A.L. Pharmacy d/b/a The Medicine Shoppe.


POLEN, J.

This appeal arises from a final judgment dismissing with prejudice the negligence claims in Robert Powers' amended complaint, as personal representative of the estate of his deceased wife, Gail Powers, against appellees pharmacies Your Druggist and B.A.L. Pharmacy d/b/a The Medicine Shoppe. We reverse, holding that the complaint states a cause of action for negligence on the part of the pharmacies.

On April 5, 2002, Gail Powers began receiving treatment...

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