In Albert v. Sheeley’s Drug Store, a wrongful death action and survival claim, the decedent overdosed on Fentanyl that he and a friend obtained from a drug store with a prescription for the friend’s mom. The Superior Court joined numerous other jurisdictions in ruling that, pursuant to the in pari delicto doctrine, summary judgment for the drug store was appropriate, as the decedent voluntarily participated in wrongful conduct. Not only did the Court discuss the inappropriate way that the decedent received the narcotic, but the Court also noted that just by possessing the drug, the decedent was violating Pennsylvania’s Crimes Code by illegally possessing drugs.
