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KAMINER v. ECKERD CORP. OF FLORIDA, INC.

No. 4D06-3497.

966 So.2d 452 (2007)

Lillian KAMINER, Raphael Kaminer and Nancy Crown, as Personal Representative of the Estate of Matthew Kaminer, Appellants, v. ECKERD CORPORATION OF FLORIDA, INC. f/k/a Eckerds Corporation a/k/a Eckerds, a Florida corporation, and Purdue Pharma L.P., a Connecticut Limited Partnership f/k/a Purdue Frederick Company, Appellees.

District Court of Appeal of Florida, Fourth District.

October 3, 2007.

Attorney(s) appearing for the Case

Kelley B. Stewart of Krupnick, Campbell, Malone, Buser, Slama, Hancock, Liberman & McKee, P.A., Fort Lauderdale, for appellants.

Brett C. Powell and Mark Hicks of Hicks & Kneale, P.A., Miami, and Kenneth P. Carman of Carman, Beauchamp & Sang, P.A., Boca Raton, for appellee Eckerd Corporation of Florida, Inc.

KLEIN, J.

Matthew Kaminer died as a result of ingesting Oxycontin which he received from his fraternity brother at their fraternity house in Gainesville. The fraternity brother got the drug from his roommate, a pharmacy technician who had stolen it from his employer, Eckerd. The trial court granted Eckerd's motion for summary judgment in this wrongful death action and we affirm.

The theft occurred in April of 2000, when the pharmacy technician took 126 eighty...

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