1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 647 S.E.2d
  5. 647 S.E.2d 920 (2007)
 

PHILLIPS v. LARRY'S DRIVE-IN PHARMACY, INC.

No. 33194.

647 S.E.2d 920 (2007)

August Eugene PHILLIPS and Cheryl Phillips, his wife, Petitioners v. LARRY'S DRIVE-IN PHARMACY, INC., a West Virginia corporation, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 28, 2007.

Attorney(s) appearing for the Case

Frank M. Armada, J. Robert Rogers, William DeForest Thompson, Armada, Rogers & Thompson, Hurricane, for Petitioners.

G. Nicholas Casey, Webster J. Arceneaux, III, Michael J. Folio, Charleston, for Amicus Curiae Rite Aid of West Virginia.

Philip A. Reale, Charleston, for Amicus Curiae West Virginia Pharmacists Association, Inc.

Jay M. Potter, Schumacher, Francis & Nelson, Charleston, for Respondent.

Jeffrey M. Wakefield, Erica M. Baumgras, Jaclyn A. Bryk, Flaherty, Sensabaugh & Bonasso, Charleston, for Amicus Curiae National Association of Chain Drug Stores, Inc.

STARCHER, Justice:

In this certified question from the Circuit Court of Boone County, we are asked to examine a case where a plaintiff alleges that a pharmacy negligently filled a prescription. The question from the circuit court asks us to consider whether a pharmacy is a "health care provider" entitled to rely upon the protections of the 1986 Medical Professional Liability Act.

After careful consideration of the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases