Fakhouri v. Taylor

Plaintiff, Frank Fakhouri, brought this action for the wrongful death of Joseph Fakhouri, who plaintiff alleged died as a result of an overdose of Imipramine, a psychiatric drug. Plaintiff sued Dr. Boniface Dy, the physician who prescribed the drug, the K mart Corporation (K mart), at whose pharmacy the prescriptions were filled, and two of K mart’s employees, Robert Kelly and Donald Taylor, the pharmacists who actually filled the prescriptions. Relevant here is count II of the complaint, in which plaintiff alleged that K mart, Kelly, and Taylor (collectively defendants) had been negligent in…