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10/20/87 JOYCE KODERICK v. SNYDER BROTHERS DRUG

October 20, 1987

JOYCE KODERICK, ET AL., APPELLANTS,
v.
SNYDER BROTHERS DRUG, INC., RESPONDENT



Appeal from Ramsey County District Court, Hon. James M. Lynch, Judge.

Popovich, Chief Judge, Wozniak, Judge, and Nierengarten, Judge, with oral argument waived.

The opinion of the court was delivered by: Nierengarten

1. Under the facts of this case, the two year statute of limitations applicable to health care professionals applies.

2. The "discovery of the injury" rule is applicable to pharmacists if a "termination of treatment" theory applies. Treatment terminates upon the last sale of the drug alleged to have caused the injury.

Affirmed.

NIERENGARTEN, Judge

Joyce Koderick sued Snyder Brothers Drug, Inc. (Snyder) for personal injury. On January 27, 1987, Snyder moved for dismissal for failure to state a claim pursuant to Minn. R. Civ. P. 12.02(5). Koderick responded with an affidavit in opposition to the motion and the trial court treated the motion as one for summary judgment pursuant to Minn. R. Civ. P. 12.03. The trial court entered judgment in favor of Snyder and Koderick appeals. We affirm.

FACTS

In 1975, Joyce Koderick consulted Dr. Janna Peake for jaw pain. Dr. Peake prescribed an injectable pain killer called Talwin. Koderick filled her prescription at Snyder in the Sunray Shopping Center. For the next eight years, Peake continued to prescribe Talwin and Koderick filled the prescriptions at Snyder.

In December 1983, Koderick was hospitalized for ulcerated sores on her legs. Dr. Peake discontinued the Talwin and began prescribing Elavil (a mood-altering drug) and Dolophine (another pain killer). The last prescription of Talwin was filled in November of 1983. Koderick claims that Snyder continued to sell her other pain-killing drugs between November of 1983 and October of 1984.

In June 1986 Koderick served Snyder with a summons and complaint alleging she suffered personal injuries as a result of Snyder's negligent sale of Talwin.

ISSUES

1. What statute of limitations applies to the corporate defendant in a negligent sale ...


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