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SCHAFER v. SHOPKO STORES, INC.

No. 24436.

741 N.W.2d 758 (2007)

2007 SD 116

Jeanna SCHAFER, as Guardian Ad Litem of T.F. and T.F., Plaintiff and Appellant, v. SHOPKO STORES, INC., a foreign Corporation, Garry Freier, and Avriel Hertz, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 7, 2007.

Attorney(s) appearing for the Case

Patrick T. Pardy of Mumford, Protsch and Pardy, Howard, South Dakota; Gary W. Schumacher of Wilkinson & Wilkinson, DeSmet, South Dakota, Attorneys for plaintiff and appellant.

Edwin E. Evans, Mitchell A. Peterson of Davenport, Evans, Hurwitz & Smith L.L.P., Sioux Falls, South Dakota, Attorneys for defendants and appellees.

MEIERHENRY, Justice.

[¶ 1.] Jeanna Schafer, as Guardian Ad Litem of T.F. and T.F. (Schafer), filed an action against Shopko Stores, Inc. (Shopko) for damages under SDCL 34-20C, the Drug Dealer Liability Act (DDLA). Shopko filled two valid prescriptions for morphine sulphate, a Schedule II controlled drug, for Tully Knigge (Knigge). Knigge sent Shane Feistner (Feistner) to pick up his prescriptions. Shopko gave the...

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