Stanley refills his drug prescription at Discount Drugs. Prior to taking his nightly dosage he notices the pills appear larger than normal. He phones Discount Drugs and explains his concern. The pharmacist, stating he was busy, assures Stanley that generic drugs sometimes are larger and the medication is correct. Stanley takes the drug and never wakes up. The dosage given was five times that prescribed. The pharmacist filled Stanley's prescription from the wrong container.

Is the pharmacy liable for Stanley's death? Why or why not?

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