Hundley v. Rite Aid of South Carolina, Inc

In Hundley v. Rite Aid of South Carolina, Inc., 339 S.C. 285, 529 S.E.2d 45 (Ct. App. 2000), the plaintiff sued the pharmacy and the pharmacist for damages that occurred from an improperly filled prescription. The jury returned a verdict in favor of the plaintiff, awarding the plaintiff punitive damages against the pharmacy, but not against the pharmacist. Rite Aid argued it could not be held liable for punitive damages when the jury failed to find the pharmacist's action was willful because its liability was predicated on the actions of its servant. The Court disagreed, finding that the allegations in the complaint that Rite Aid negligently supervised the pharmacist were a separate basis of liability independent of the pharmacist's liability.