AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• Ms. Carolyn Bennett was admitted to Casa Arena Blanca nursing home with early dementia and prescribed Ativan for agitation and seizure activity. Eleven months later, a nurse incorrectly transcribed a doctor's order, discontinuing her daily Ativan dose instead of the as-needed dose. After missing twenty-one doses over seven days, Ms. Bennett suffered a grand mal seizure and a hip fracture, leading to her death. The plaintiff, her husband and personal representative, sued NCS Healthcare of Albuquerque and its pharmacist, alleging breach of contract, negligence, and negligence per se, for failing to provide proper pharmaceutical services (paras 2-3).

Procedural History

• District Court of Otero County: Granted summary judgment in favor of Defendants on all of Plaintiff's claims.

Parties' Submissions

• Plaintiff: Argued that Defendants breached their contractual and common law duties to Ms. Bennett, causing her injuries and death. Contended that Ms. Bennett was a third-party beneficiary of the contracts between NCS and Casa Arena and that Defendants had a duty to ensure the safety and efficacy of pharmaceutical services provided to her (paras 9, 18).
• Defendants: Argued that the contracts explicitly excluded third-party beneficiary rights and that they did not owe a direct duty to Ms. Bennett under common law or statutory obligations. They also contended that they fulfilled their contractual obligations to Casa Arena and had no control over the nursing staff's actions (paras 9, 23).

Legal Issues

• Whether Ms. Bennett was a third-party beneficiary of the contracts between NCS and Casa Arena, entitled to enforce the contracts.
• Whether Defendants owed a common law duty of care to Ms. Bennett.
• Whether Defendants breached any statutory or regulatory duties, constituting negligence per se.

Disposition

• The Court of Appeals affirmed the district court's grant of summary judgment in favor of Defendants on all claims.

Reasons

• The Court found that the contracts between NCS and Casa Arena explicitly excluded third-party beneficiaries, negating the plaintiff's breach of contract claims (paras 10-15). On the negligence claims, the Court determined that the plaintiff failed to demonstrate that Defendants owed a direct duty to Ms. Bennett under common law, as they had no control over the nursing staff's actions and fulfilled their contractual obligations (paras 19-24). The Court also rejected the application of the voluntary assumption of duty doctrine and the existence of a special relationship that would impose a heightened duty on Defendants (paras 25-30). Finally, the Court found no evidence that Defendants violated specific statutory or regulatory duties that would support a negligence per se claim (paras 31-39).