ROSEMARY CARTER v. JOHN RALPH BELL, ET AL.
Aug 15, 2007OUTCOME: Case affirmed on Appeal
This personal injury case arose after a licensed pharmacist initiated a romantic relationship with the plaintiff, one of his customers. The pharmacist assured the plaintiff that he was not married, b ... ut this was not true. On one occasion, when the plaintiff was at his house, the pharmacist’s wife came home unexpectedly, discovered the plaintiff reclining on the guest bed, and assaulted her by repeatedly beating her head against the floor. The plaintiff sued the pharmacist and his wife for damages. A jury awarded the plaintiff compensatory damages for injuries and medical expenses she sustained as a result of the assault. On appeal, the pharmacist contends that he owed the plaintiff no duty of care, that he breached no duty, and that the plaintiff failed to establish that her expenses and condition were caused by the actions of his wife. We affirm the judgment of the trial court based upon the jury’s verdict because we determine that the pharmacist owed the plaintiff a duty of ordinary care as the owner or occupier of premises, that there was material evidence that the pharmacist breached this duty, and that there was material evidence that the negligence of the pharmacist and the actions of his wife caused the expenses and injuries for which the plaintiff was awarded compensation.
