Woman seeks $150K from drug store over slip on soap

By Michelle Massey, East Texas Bureau | Jul 21, 2009


MARSHALL -- Vicky Avelar is seeking $150,000 from CVS Pharmacy after slipping on soap and falling down while leaving the drug store.

The Denton resident filed a personal injury lawsuit against CVS Pharmacy Inc. and the owner of the property, Ben-Mil Associates Inc., on July 16 in the Marshall Division of the Eastern District of Texas.

The lawsuit states that when Avelar was walking out of the store to leave, she "fell on soap, thereby injuring herself."

Avelar asserts that the presence of soap in front of the entrance of the Little Elm CVS store created a dangerous condition and the defendants had knowledge of the condition or should have known of the condition.

Further, the plaintiff argues that the defendants had a duty to warn her of the dangerous condition and to make the condition safe.

Avelar is seeking more than $150,000 in damages for past and future medical care and expenses, mental anguish, physical pain, impairment and disfigurement.

Dallas attorney Eric H. Marye is representing the plaintiff.

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

Case No 2:2009cv00220

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