Wilson v. Professional Plaza Pharmacy, Inc.

JjJtOTHSCHILD, J„

dissenting.

Insofar as the majority opinion holds that a mother who suffers severe emotional distress after inadvertently administering an incorrect dosage of medication to her infant son cannot state a cause of action against the pharmacist who incorrectly labeled the medication bottle, I must respectfully disagree.

Dismissal of a petition for failure to state a cause of action is justified only when the allegations of the petition itself clearly demonstrate that plaintiff does not have a cause of action, i.e., that there is some superable bar to relief and that plaintiff can…