Plaintiff hard to find in Logan Co. case against Family Discount Pharmacy

LOGAN – The employment history of a Logan County judge’s brother-in-law at a Stollings pharmacy isn’t a problem in a lawsuit filed in March, but contacting the plaintiff is.

On Aug. 20, Logan Circuit Court Judge Roger L. Perry entered an order that addressed his qualification to preside over the lawsuit filed by Tammy Browning, who is alleging she was given the wrong medication by Family Discount Pharmacy.

At a status conference on July 30, Perry had notified the attorneys that his brother-in-law is a pharmacist and has worked on a part-time basis at some Family Discount Pharmacy locations.

The attorneys told Perry that they do not believe his brother-in-law had any involvement with the facts giving rise to Browning’s complaint.

“Counsel further advised the Court that neither believed the Judge should be disqualified, and both assented to the Judge continuing to preside over this matter,” the order says.

Browning says she filled her prescriptions at Family Discount Pharmacy in Stollings. She claims the pharmacist gave her the wrong medication, which caused her to become dizzy, fall and lose consciousness.

Browning is seeking an undisclosed amount of damages for her injuries.

However, the order filed by Perry told the plaintiff’s counsel, Susan Van Zant, that responses to Family Discount Pharmacy’s first set of interrogatories were overdue and needed to be turned over by Aug. 21.

On Sept. 30, Van Zant filed a motion to withdraw as Browning’s counsel.

“(A)fter numerous attempts, counsel has been unable to contact plaintiff to obtain current information or discuss legal proceedings,” the motion says.

The defendant is represented by Todd Mount of Shaffer & Shaffer in Madison.

From the West Virginia Record: Reach John O’Brien at jobrienwv@gmail.com.