Wahba v. H & N Prescription Center, Inc.
District Court, E.D. New York
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
- Vaca v. SipesSupreme Court of the United States · 1967
- Carlson v. GreenSupreme Court of the United States · 1980
- Moor v. County of AlamedaSupreme Court of the United States · 1973
- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
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- Payne v. A.O. Smith Corp.District Court, S.D. Ohio · 1983
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