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Legal Opinion

CARISTA v. VALUCK

Court of Civil Appeals of Oklahoma

Decided September 19, 2016No. Case 114,732PublishedCited by 6 opinions

1Opinion of the Court

OPINION BY

P. THOMAS THORNBRUGH, PRESIDING JUDGE:

¶ 1 Diane Carista appeals the dismissal, with prejudice, of her wrongful death suit against Westminster Family Drug (Pharmacy). On review, we find that dismissal was appropriate as to Carista’s existing petition, but that it is possible for Carista to amend her petition to state a recognized duty by Pharmacy. We vacate the lower court’s dismissal with prejudice, and remand with instructions that Carista be given a reasonable period to file an amended petition pursuant to 12 O.S.2011 § 2012(G).

BACKGROUND

¶ 2 This suit arises from the death of…

2Cases cited15 opinions

  1. Tuffy's, Inc. v. City of Oklahoma CitySupreme Court of Oklahoma · 2009
  2. Lowery v. Echostar Satellite Corp.Supreme Court of Oklahoma · 2007
  3. McKee v. MooreSupreme Court of Oklahoma · 1982
  4. Moore Ex Rel. Moore v. Memorial Hosp. of GulfportMississippi Supreme Court · 2002
  5. First National Bank in Durant v. Honey Creek Entertainment Corp.Supreme Court of Oklahoma · 2002

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3Cited by6 opinions

  1. HENDERSON v. DAY ENGINEERING CONSULTANTSCourt of Civil Appeals of Oklahoma · 2024
  2. CARISTA v. VALUCKCourt of Civil Appeals of Oklahoma · 2016
  3. CARISTA v. VALUCKCourt of Civil Appeals of Oklahoma · 2016
  4. Cherokee Nation v. CVS Pharmacy, Inc.District Court, E.D. Oklahoma · 2021
  5. Scholl v. Walgreens Specialty PharmacyCourt of Appeals for the Tenth Circuit · 2026

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