Case No.: PSC 1800406    

Demurrer sustained with 30 days’ leave to amend as to the 1st and 2nd causes of action.

The Complaint alleges that Walgreens had a duty to warn Plaintiff Robert Robertson of the side effects of Trazadone that was prescribed to him. As a result Robertson became ill and disabled. As a result of her husband’s injuries, Mrs. Robertson seeks recovery for loss of consortium.

Defendant Walgreen Co. demurs to the 1st and 2nd causes of action in Plaintiffs’ Complaint for medical negligence and Loss of Consortium. Walgreen demurs to the consortium cause of action (2nd) on the grounds that they fail to state facts sufficient to constitute causes of action and demurs to the medical negligence cause of action (1st) on the grounds it fails to state sufficient facts to state a cause of action and/or is uncertain and/or fails for failure to provide a notice of intention to commence action pursuant to Code of Civil Procedure section 364.

A demurrer for un........