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CARISTA v. VALUCK

Case No. 114,732 THIS OPINION HAS BEEN RELEASED FOR PUBLICATION BY ORDER OF THE COURT OF CIVIL APPEALS, Division No. 2.

394 P.3d 253 (2016)

2016 OK CIV APP 66

DIANE CARISTA, as surviving sister and next of kin, and on behalf of herself and all other heirs-at-law to Barton Ray Carista, decedent, Plaintiff/Appellant, v. WILLIAM M. VALUCK, D.O.; MICHAEL E. HUME, P.A.; DOROTHY JUNE HUME; PATRICK REYNOLDS; GOOD TO GO, LLC, dba VISTA MEDICAL CENTER and ADVANCED CARE CLINIC, LLC, Defendants, and WESTMINSTER FAMILY DRUG, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 2.

Mandate Issued: October 20, 2016.

Attorney(s) appearing for the Case

David W. Van Meter , M. Kevin Walker , Ellen Martin Watts , VAN METER LAW FIRM, Oklahoma City, Oklahoma, for Plaintiff/Appellant.

Amy S. Neathery , PIERCE COUCH HENDRICKSON BAYSINGER & GREEN, L.L.P., Oklahoma City, Oklahoma, for Defendant Dorothy Hume and Advanced Care Clinic, L.L.C.

Malinda S. Matlock , Hailey M. Hopper , PIERCE COUCH HENDRICKSON BAYSINGER & GREEN, L.L.P., Oklahoma City, Oklahoma, for Defendant/Appellee Westminster Family Drug.

¶ 1 Diane Carista appeals the dismissal, with prejudice, of her wrongful death suit against Westminster Family Drug (Pharmacy). On review, we find that dismissal was appropriate as to Carista's existing petition, but that it is possible for Carista to amend her petition to state a recognized...

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