Whiting v. Rite Aid Corp.

MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS’ [19] MOTION FOR PARTIAL SUMMARY JUDGMENT

DAVID NUFFER, District Judge.

Defendants Rite Aid Corporation, Thrifty Payless Holdings, Inc., Rite Aid Lease Management Company, and Thrifty Payless, Inc. (collectively “Rite Aid”) filed a Motion for Partial Summary Judgment (“Motion”) dismissing Plaintiffs claims relating to the second incident in the Amended Complaint1 involving Sudafed. Plaintiff opposes the Motion. After carefully considering the parties’ briefs and the relevant law, Rite Aid’s Motion is DENIED.

BACKGROUND

Plaintiff Susie Whiting…