CHARLESTON - A lawsuit against K-VA-T Food Stores Inc. by a Delbarton woman who claimed she overdosed when the defendant's pharmacy gave her too much of a medication has been dismissed from federal court.
K-VA-T Food Stores is doing business as Food City.
Donald Samson, in his capacity as manager and supervisor of K-VA-T Food Stores Inc., was also been named as a defendant in the suit.
On Sept. 5, both parties notified the Court that all matters in controversy between tem have been settled and resolved, according to the Agreed Order of Dismissal.
K-VA-T filed a Motion for Summary Judgment on July 3, according to court documents.
"Notwithstanding the Court's analysis of all the facts in the light most favorable to the Plaintiff, there simply exists no genuine issue as to any material fact to support the claims asserted by the Plaintiff," the motion states.
At the very least, and in the alternative to a complete grant of summary judgment, the Defendant is entitled to summary judgment on the plaintiff's claims of any future damages beyond her Jan. 25, 2011, hospital admission, including future medical expenses; pain and suffering damages; and annoyance and inconvenience damages, according to the motion.
On Jan. 25, 2011, Ida Evans presented a lawful prescription for a gastrointestinal cocktail mixture to the defendant's pharmacy, according to a complaint filed Oct. 2 in the U.S. District Court for the Southern District of West Virginia at Charleston.
Evans claimed the defendant negligently and carelessly filled the prescription with a gross lack of care and skill.
The defendant's pharmacy mixed 30 mL of Donnatal into Evans' prescription when it required 5 mL of Donnatal, which caused her to suffer a drug overdose, according to the suit.
Evans claimed Samson was negligent and careless in his duty to supervise and oversee the agents of Food City, all of which was the direct and proximate cause of the damages to her.
As a direct and proximate result of the negligence of the defendants, Evans suffered permanent injuries to various parts of her body; suffered physical and mental anguish; and suffered annoyance, aggravation and inconvenience, according to the suit.
Evans was seeking compensatory damages with pre- and post-judgment interest. She was being represented by Greg K. Smith and Matthew E. Chandler of the Law Offices of Greg K. Smith.
Food City was represented by Jarrett D. Gerlach of Huddleston Bolen LLP and Roger Massengale.
The case was assigned to District Judge John T. Copenhaver Jr.
U.S. District Court for the Southern Division of West Virginia at Charleston case number: 2:12-cv-6167