Horner v. Spalitto

SPINDEN, Judge.

This case requires us to revisit the issue of what conduct is required of a pharmacist in fulfilling his professional duties. The pharmacist in this case, Peter Spalitto, was an employee and son of a pharmacy owner, Anthony Spalitto, and filled two prescriptions for Franklin Horner six days before Horner died of an apparent drug overdose. One of the prescriptions prescribed a strong hypnotic drug at a rate of three times the normal dose.

Horner’s children and mother sued Anthony Spalitto for wrongfully causing Horner’s death by acting through his employees and agents to fill…