Legal Opinion

Wahba v. H & N Prescription Center, Inc.

District Court, E.D. New York

Decided May 12, 1982No. 81 CV 3061PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge:

Plaintiffs seeks compensatory and punitive damages for the death of their son contending that had defendant dispensed a drug in a “child-proof” container the child would not have died. Defendant moves to strike the claim for punitive damages. For the reasons stated below, the motion must be granted.

I. Facts

In June 1980, the defendant H & N Prescription Center, Inc., doing business as Zuckerman’s Pharmacy in Brooklyn, filled plaintiffs’ prescription for Lomotil, a drug used to counteract stomach disorders. According to the complaint, thirty tablets…

2Cases cited33 opinions

  1. Vaca v. SipesSupreme Court of the United States · 1967
  2. Carlson v. GreenSupreme Court of the United States · 1980
  3. Moor v. County of AlamedaSupreme Court of the United States · 1973
  4. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  5. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970

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3Cited by19 opinions

  1. In Re" Agent Orange" Product Liability LitigationDistrict Court, E.D. New York · 1984
  2. Ronald Zepik v. Tidewater Midwest, Inc.Court of Appeals for the Seventh Circuit · 1988
  3. Young v. Robertshaw Controls Co.District Court, N.D. New York · 1983
  4. Kent Village Associates Joint Venture v. SmithCourt of Special Appeals of Maryland · 1995
  5. Payne v. A.O. Smith Corp.District Court, S.D. Ohio · 1983

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