Appellate Law, Client Outcomes, Retail

Crumpton v. Walgreen Co., 375 Ill.App.3d 73, 871 N.E.2d 905 (1st Dist. 2007)

May 6, 2007

(Appeal of a wrongful death case arising from the alleged short-fill of a prescription. The mother's daughter committed suicide after not having taken her antipsychotic medication for four days. The mother alleged that the pharmacy was negligent in not having given her daughter the prescribed amount of pills. The jury returned a verdict for the mother. The trial court granted the pharmacy's motion for JNOV, finding that the only evidence before the jury was that the daughter's suicide was not foreseeable. The appellate court affirmed. In affirming, the court held that the general rule that suicide was an intervening cause applied to the daughter because the evidence did not show that she was so bereft of reason as to cause her to commit suicide. The mother had testified that the daughter acted normal, and two physicians testified that it was not reasonably foreseeable that the daughter would commit suicide).

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