DocketNumber: No. 34 36 87
Citation Numbers: 1993 Conn. Super. Ct. 4458, 8 Conn. Super. Ct. 607
Judges: THOMPSON, JUDGE
Filed Date: 5/6/1993
Status: Non-Precedential
Modified Date: 7/5/2016
Essentially, the plaintiff alleges that the pharmacy had a duty to warn of possible side effects of the medication prescribed by the co-defendant physician. The pharmacy claims that it has no duty to warn as a matter of law and, that if such a duty did exist, the exercise of that duty would involve professional judgment making it a "health care provider" thus CT Page 4459 requiring a good faith certificate be attached to the complaint pursuant to C.G.S.
Generally, the existence of a duty is a question of law, whereas the question of whether there has been a breach of a duty is a question of fact. Gordon v. Bridgeport Housing Authority,
Regardless of how that question may be answered, however, it is the court's opinion that the motion to strike must be granted. If the existence of the alleged duty is one which must be resolved through expert opinion, then the pharmacy would necessarily be exercising professional judgment and would be a "health care provider." That being the case the absence of the good faith certificate required by
For the above reasons the motion to strike is granted.
Bruce W. Thompson, Judge