Shopper claims pharmacy employee shoved boxes on top of her

Michelle Massey, East Texas Bureau Sep. 1, 2009, 9:23am

MARSHALL- While waiting for a prescription to be filled, Sidra Rogers was browsing down an aisle in a Walgreens drug store when boxes fell off a shelf and struck her in the head. Rogers claims the boxes posed an unreasonable risk of harm and she should have been warned.

Rogers filed a personal injury lawsuit against Walgreen Co. on July 30 in the 71st district court of Harrison County. Walgreens removed the case to the Marshall Division of the Eastern District of Texas on Aug. 28.

The incident occurred on Oct. 5, 2007, while Rogers was shopping in the Walgreens. According to court records, a Walgreens employee was stacking shelves in the adjacent aisle and knocked some boxes off the shelf. Two of the boxes hit the plaintiff on the head.

Rogers claims she suffered serious bodily injury, including a closed head injury, from the falling boxes.

The plaintiff alleges that by stocking larges boxes on high shelves, Walgreens negligently created and permitted a dangerous condition, which "posed an unreasonable risk of harm." Further, the plaintiff argues that Walgreens negligently failed to warn of the "dangerous condition."

Rogers claims Walgreens, through one of its employees, had a duty to exercise ordinary care and breached that duty by "pushing those boxes off the shelf."

Walgreens denies all the plaintiff's allegations.

The plaintiff is seeking damages for pain, suffering, mental anguish, medical expenses, including expenses for extensive physical therapy, loss of earning capacity, physical impairment and pre and post-judgment interest.

Dallas attorneys Ben C. Martin and Thomas Wm. Arbon of the Law Offices of Ben C. Martin LLP are representing the plaintiff.

The plaintiff is requesting a jury trial.

U.S. District Judge T. John Ward will preside over the litigation.

Case No 2:09cv00262

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