GIPSON v. KASEY

No. CV-06-0100-PR.

150 P.3d 228 (2007)

Susan GIPSON, individually and as surviving parent of Nathan Kim Followill, deceased, Plaintiff/Appellant, v. Larry KASEY and Jane Doe Kasey, a married couple, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

January 22, 2007.


Attorney(s) appearing for the Case

James F. Brook and Associates by James F. Brook, John N. Vingelli, Scottsdale, Attorneys for Susan Gipson.

Cavanagh Law Firm by R. Corey Hill, Ginette M. Hill, Christopher Robbins, Phoenix, Attorneys for Larry Kasey and Jane Doe Kasey.

Law Office of JoJene Mills, P.C., by JoJene E. Mills, Tucson, and Adelman German, P.L.C. by Daniel J. Adelman, Scottsdale, Attorneys for Amicus Curiae Arizona Trial Lawyers Association.


OPINION

BALES, Justice.

¶ 1 The issue presented is whether persons who are prescribed drugs owe a duty of care, making them potentially liable for negligence, when they improperly give their drugs to others. We conclude that such a duty is owed.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Because we are reviewing a decision granting summary judgment in favor of Larry Kasey, we describe the facts, some of which are disputed, in the light...

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