Justice Jerry Garguilo
Laffer killed four people, including plaintiff’s decedent, during a robbery where he stole prescription drugs from a pharmacy. Plaintiff commenced a wrongful death action arguing the medical providers prescribed an excessive amount of prescription pain medications to Laffer, and Brady. Plaintiff moved to amend the complaint to assert claims for violations of, among other things, Public Health Law §3350—which prohibited prescription of controlled substances to addicts or habitual users. Plaintiff also sought to add a cause of action alleging defendants breached their duty to the community and decedent, arguing defendants’ actions contributed to Laffer’s impairment. The court noting in §3350 did not permit a private right of action, noting relief may be had only if legislative intent to create such right was “fairly implied” in the statutory provisions. Also, the court noted there was no duty to the public at large as a defendant had no duty to control the conduct of third persons to prevent them from harming others, even whether defendant could exercise such control. Thus, while plaintiff was entitled to argue defendants owed a duty to the public under the circumstances of the case, there was no separate cause of action for a breach of defendants’ duty to the community at large.
