Simmons v. Apex Drug Stores, Inc

In this action for malpractice by a licensed pharmacist, defendant appeals by leave granted from the trial court’s denial of its motion for summary disposition pursuant to MCR 2.116(C) (7) (claim barred by the statute of limitations). We reverse.

On December 10, 1988, plaintiff presented a prescription for Tepanil Tentabs (an appetite suppressant) to a pharmacist at one of defendant’s stores. The prescription was filled but, allegedly as a result of defendant’s negligence, plaintiff instead received another medication, Tofranil (an antidepressant). On February 8, 1989, plaintiff suffered an…