Morgan v. Publix Super Markets, Inc.
Annotate this CaseMichelle D. Morgan appealed the grant of summary judgment in favor of Publix Super Markets, Inc., on her claim alleging a violation of the Alabama Medical Liability Act. Morgan sued Publix, asserting that she had suffered physical, mental, and emotional injuries based on its negligence in partially filling her amlodipine prescription with furosemide. Following the close of discovery, the trial court granted Publix's motion for a summary judgment, holding that Morgan was unable to prove her case because she had not identified an Alabama-licensed pharmacist as an expert witness and could not, therefore, establish a breach of the applicable standard of care as required by the AMLA. Morgan appealed, and the Supreme Court reversed the grant of summary judgment entered by the trial court. The Supreme Court concluded that a pharmacy's negligence in dispensing the wrong medication is so apparent that a layperson can understand it without the assistance of expert testimony. The case was remanded for further proceedings.
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