Wednesday, February 11, 2015

A case in Florida to Watch Involving Pharmacist Duty of Care and Negligence: Reversed Trial Court and held "that the trial court erred in dismissing the negligence claims against Pharmacy. While we cannot say whether Oleckna's claims will survive a summary judgment motion or prevail at trial, we are unwilling to hold, as a matter of law, that Pharmacy was not negligent in filling the prescriptions."

KARAN OLECKNA, ETC., Appellant,
v.
DAYTONA DISCOUNT PHARMACY, ETC., ET AL., Appellees.
Case No. 5D13-3057
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
February 6, 2015
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED
Appeal from the Circuit Court for Volusia County, William A. Parsons, Judge.
Philip M. Burlington, of Burlington & Rockenbach, P.A., West Palm Beach, and Gregg M. Hollander of The Hollander Law Firm, P.A., Boca Raton, for Appellant.
Andrea Lozano Diederich and Bradley P. Blystone, of Marshall, Dennehey, Warner, Coleman & Goggin, Orlando, for Appellees.
ORFINGER, J.  
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