Pharmacy Asks for Dismissal, and Costs for Having to Defend Lawsuit

MINNEAPOLIS - Rite Aid Corp. has asked a federal judge to award costs and attorneys' fees for what it says is a plaintiff's improper claim of strict liability for injuries allegedly caused by a cold remedy. Polski v. The Quigley Corp., et al., No 04-cv-04199-JRT-FLN (D. Minn.).

Rite Aid's counterclaim came in an answer filed on Sept. 28, after it removed the lawsuit to federal court from Minnesota's Hennepin County District Court (No. 04-12217).

Howard J. and Sheryl L. Polski complain that each lost their sense of smell and much of their taste sensations after using the Cold-Eeze nasal …