Suarez v. Pierard

Plaintiff Amy Suarez filed a two-count complaint against defendants James Pierard and K mart Corporation. The defendants filed a motion to dismiss for failure to state a cause of action (735 ILCS 5/2 — 615 (West 1992)). The trial court dismissed the complaint but granted leave to amend count II. Subsequently, count II was also dismissed for failure to state a cause of action and this appeal followed. We affirm.

According to the allegations contained in plaintiff’s complaint, on December 13, 1992, plaintiff went to the pharmacy at a K mart store to have a prescription filled. The prescription…