Opinion · Supreme Court of North Carolina

Batiste v. American Home Products Corp.

292 N.C. 466

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1977-04-05
Topic
general

How later courts describe this case

  • a pharmacy is not liable under the UCC and general warranty principles for injury arising out of a prescription drug
  • a pharmacy is not liable under general warranty principles for injury arising out of a prescription drug because a patient does not rely on the druggist’s skill, but instead on his or her physician’s skill and advice

Citator

UpLaw has not yet analyzed Batiste v. American Home Products Corp.. The absence of a flag is not a finding that it is good law.

Cited by
14 opinions
233 S.E.2d 921 (1977) 292 N.C. 466

Alice M. BATISTE
v.
AMERICAN HOME PRODUCTS CORPORATION, a Delaware Corporation, et al.

Supreme Court of North Carolina.

April 5, 1977.

Mraz, Aycock, Casstevens & Davis, for plaintiff.

Golding, Crews, Meekins, Gordon & Gray (Ritchie), Hartsell, Hartsell & Mills (Pikes Drug Store), for defendants.

Petition by plaintiff for discretionary review under GS 7A-31. 32 N.C.App. 1, 231 S.E.2d 269. Denied.