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DiGIOVANNI v. ALBERTSON'S, INC.

No. 1-09-1297.

940 N.E.2d 73 (2010)

Charles S. DiGIOVANNI as Special Administrator of the Estate of Laverne DiGiovanni, Deceased, Plaintiff-Appellant, v. ALBERTSON'S, INC., d/b/a Osco Drugs, Defendant-Appellee (Sachidananda D. Shastri and Gericare, Ltd., Defendants).

Appellate Court of Illinois, First District, Third Division.

Rehearing Denied January 12, 2011.

Attorney(s) appearing for the Case

Spina, McGuire & Okal, P.C., Elmwood Park, IL, ( Timothy H. Okal , of counsel), for Plaintiff-Appellant.

Cassiday Schade LLP, Chicago, IL, ( David C. Van Dyke and Trisha K. Tesmer , of counsel), for Defendant-Appellee.

National Association of Boards of Pharmacy, Mount Prospect, IL, ( Moira Gibbons and Melissa M. Madigan , of counsel), for Amicus Curiae.

Justice STEELE delivered the opinion of the court:

This appeal arises from an order of the circuit court dismissing defendant Albertson's, Inc., d/b/a Osco Drugs (Osco), from a suit filed by plaintiff, Charles DiGiovanni, as special administrator of the estate of Laverne DiGiovanni (the Estate), with prejudice on the basis that Osco had no duty to warn either the physician or the patient of a potential drug-to-drug interaction under the learned intermediary doctrine...

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