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Hayward v. Jack's Pharmacy Incorporated6/15/2005
e standard of care is and whether it has been breached, Hayward's only obstacle to surviving summary judgment is offering competent and admissible expert testimony to show the standard of care and the breach thereof. Hayward has met this burden.
Accordingly, the rulings of the district court regarding Dr. Thurston in his capacity as Delbert's treating physician and regarding Jack's Pharmacy and its two pharmacists are vacated. The case is remanded for proceedings consistent with this decision. No party seeks attorney's fees, and therefore none are awarded. Costs are awarded to Hayward.
Chief Justice SCHROEDER, and Justices TROUT, EISMANN and BURDICK, CONCUR.
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