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THOMPSON v. POTTER

No. 29,705.

268 P.3d 57 (2011)

2012-NMCA-014

T. David THOMPSON, Individually and as the Personal Representative of the Estate of Carolyn Rose Bennett, Plaintiff-Appellant, v. Doyle D. POTTER, R.PH., and NCS Healthcare of New Mexico, Inc., a/k/a NCS Healthcare Albuquerque, Defendants-Appellees.

Court of Appeals of New Mexico.

December 12, 2011.

Attorney(s) appearing for the Case

Sandenaw Law Firm, P.C., Thomas A. Sandenaw, Jr. , CaraLyn Banks , Las Cruces, NM, for Appellant.

Keleher & McLeod, P.A., Thomas C. Bird , Kathleen M. Wilson , Hari-Amrit Khalsa , Albuquerque, NM, for Appellees.

OPINION

VIGIL, Judge.

{1} This case requires us to examine for the first time the nature of the duty owed by a consulting pharmacist that has contracted with a nursing facility to provide pharmaceutical services to the patients of the nursing facility. On the record before us, we hold that there is no issue of material fact and that Defendants were properly granted summary judgment on all of Plaintiffs claims.

BACKGROUND

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