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Smith v. Garza CA2/8
Twenty-year-old Matthew Barker died on June 10, 2008, of an overdose of fentanyl, a potent prescription drug. Barker’s mother, plaintiff Marilyn M. Smith, sued Cari Garza, Barker’s former psychiatric nurse with whom plaintiff and Barker had been friendly, alleging wrongful death and dependent adult abuse. A jury found in favor of defendant on the latter claim, but concluded defendant, plaintiff, and Barker were all negligent and equally at fault for Barker’s accidental death; plaintiff was awarded damages. The trial court denied defendant’s motion for judgment notwithstanding the verdict (JNOV). Both sides appeal.

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