Estella Martinez v. Walgreen Company

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case requires us to decide whether, under Texas law, a pharmacy owes a duty of care to third parties injured on the road by a customer who was negligently given someone else's prescription. Concluding that the Texas Supreme Court would not recognize this tort duty, we affirm the district court's grant of summary judgment to Walgreens.

*398 I

Two sets of plaintiffs, Claudia Martinez's next of kin and Olivia and Rogelio Longoria, allege that a Walgreens pharmacy negligently gave Elias Gamboa Mesa a medication prescribed for another patient rather than the…