Orzel v. Scott Drug Co.

In this case, we are asked to determine whether plaintiffs can maintain a tort action where plaintiffs’ asserted injuries arose out of illegal conduct on the part of one of the plaintiffs, the plaintiff’s culpability is equal to the defendant’s and the plaintiff’s alleged entitlement to recovery is not provided for under the statutes claimed to have been violated by the defendant. We hold that, under such circumstances, the plaintiffs are precluded from bringing their action.

In this case, we have also been asked to articulate the scope of a pharmacist’s duty when filling prescriptions issued…