Pharmacy Negligence Case Fails in Light of Missing Causation Proof - Articles

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Posted by: Kreis White on Sep 25, 2013

KAY F. FRITZ v. CVS CORPORATION D/B/A CVS PHARMACY, INC.
Court: TN Court of Appeals

Attorneys:

Kay F. Fritz, Chattanooga, Tennessee, Pro se appellant.

G. Michael Luhowiak, Daniel M. Stefaniuk, and William J. Rieder, Chattanooga, Tennessee, for the appellee, CVS Corporation d/b/a CVS Pharmacy, Inc.

Judge: SWINEY

Kay F. Fritz (“Plaintiff”) sued CVS Corporation d/b/a CVS Pharmacy, Inc. (“Defendant”) alleging that Defendant had improperly filled a prescription for Plaintiff causing Plaintiff damages. Defendant filed a motion for involuntary dismissal or in the alternative for summary judgment. After a hearing, the Trial Court granted Defendant summary judgment after finding that Plaintiff was unable to prove an essential element of her claim, i.e., causation. Plaintiff appeals to this Court. We affirm.

.PDF Version of Case

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