Tyler resident sues pharmacy after hitting his head on door

Michelle Keahey, East Texas Bureau Mar. 25, 2013, 6:07pm

MARSHALL - After hitting his head on a metal door, a Tyler resident has filed a lawsuit against the pharmacy claiming that the door constituted an unreasonably dangerous condition. 

Terry Hampton filed suit against C.V.L. Texas LLC and C.V.L. Texas LLC – CVS #7709 on March 19 in the Eastern District of Texas, Marshall Division.

The incident occurred on March 29, 2011, as Hampton was attempting to enter the CVS store in Tyler. The main entrance to the store was partially blocked by a closed metal door at the front entrance and Hampton was injured when he struck his head on the metal door.  He suffered injuries to his head, neck and back, according to the suit.

Hampton claims that the door was partially closed during normal operating hours and therefore, constituted an unreasonably dangerous condition.

The defendants are accused of allowing an unreasonably dangerous condition to exist.

The plaintiff is seeking an award of damages for pain and suffering, mental anguish, physical impairment, medical expenses, interest, attorney’s fees and court costs.

Hampton is represented by Palestine attorney Dick Swift. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00220

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