Tug Valley Pharmacy, LLC v. All Plaintiffs Below (Signed Opinion)Annotate this Case
Twenty-nine individual Respondents filed eight separate civil actions alleging that Petitioners - three pharmacies and a physician - and other medical providers negligently prescribed and dispensed controlled substances causing Respondents to become addicted to and abuse the controlled substances. Petitioners moved for summary judgment asserting that Respondents’ claims were barred as a matter of law on the basis of Respondents’ admissions of their own criminal activity associated with the prescription and dispensation of controlled substances by Petitioners. Specifically, Petitioners maintained that Respondents’ actions were barred by the “wrongful conduct” rule and/or the doctrine of in pari delicto. The circuit court concluded that the actions were not barred but certified questions regarding the issue to the Supreme Court. The Supreme Court answered that any wrongdoing on the part of Respondents must be assessed under the Court’s precepts of comparative negligence and does not per se operate as a complete bar to Respondents’ causes of action.