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Morgan v. Wal-Mart Stores, Inc.
Texas Court of Appeals
30 S.W.3d 455 (2000)
- Written by Mary Phelan D'Isa, JD
Facts
Jacquelyn Morgan and Charles Pettus (parents) (plaintiffs) sued Wal-Mart Stores, Inc., after their minor child died from an adverse reaction to prescription Desipramine that was sold to the parents by a Wal-Mart pharmacist for the parents’ child’s use. A jury found that Wal-Mart’s negligent failure to warn of the known dangers of Desipramine was a proximate cause of the child’s death and assessed damages of more than $1 million. Wal-Mart appealed and argued that as a matter of law, its pharmacists had no duty to warn of the potential dangers of Desipramine because that was the duty of the prescribing physician.
Rule of Law
Issue
Holding and Reasoning (Patterson, J.)
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