Stone v. Witt

Summary

The court held that a wrongful-death complaint plausibly alleged ordinary negligence against medical providers and a pharmacy whose allegedly improper prescribing and dispensing foreseeably contributed to a patient's impaired driving and the death of a cyclist. The claim did not require a special relationship between the providers and the deceased because the alleged conduct involved creating a foreseeable risk of physical harm, and the providers' professional status did not create an exception to ordinary negligence liability. The court therefore affirmed the intermediate appellate decision, reversed the limited circuit-court judgments, and remanded for further proceedings.