Malone & Hyde, Inc. v. Hobrecht

OPINION

CANTU, Justice.

Separate appeals are taken from a judgment entered in a wrongful death and survivor’s action brought by the Estate of Roland A. Hobrecht, his wife and three adult children, against Malone & Hyde, Inc. (Malone), the owner of a Sommer’s Drug Store in San Antonio, for the alleged malpractice of its employee in misfilling a prescription for syringes.

Malone joined Dr. Bernard Pomerantz as a third party defendant alleging that the acts of Dr. Pomerantz in failing to properly instruct the Hobrechts in how to administer and verify a dosage of insulin required constituted…