A Harris County resident has taken legal action against a major retail pharmacy chain following a slip-and-fall incident that occurred in one of its stores. On June 11, 2024, Ashley Verhalen filed a complaint in the District Court of Harris County, Texas, accusing Walgreens Co. of negligence and seeking damages ranging from $250,000 to $1,000,000.
According to the court documents, Verhalen was shopping at the Walgreens store located at 6402 Cypress Creek Parkway in Houston on September 6, 2023. At the time of the incident, she was pregnant and slipped on a liquid puddle in one of the aisles. The fall resulted in serious injuries to her abdomen, stomach, spine, lower extremity, and chest. The complaint states that similar liquid puddles were found in multiple aisles of the store. "Defendant failed to notify anyone or place any warnings, barricades, or spotters to warn of the existence of the liquid puddle," Verhalen's petition reads.
Verhalen's lawsuit alleges that Walgreens Co., as the owner and possessor of the premises, had a duty to maintain a safe environment for its customers but failed to do so. The plaintiff accuses Walgreens Co. of negligence for not inspecting and making safe any dangerous conditions on their premises. Specific allegations include failing to adequately inspect for hazardous conditions such as liquid puddles and failing to provide adequate warnings about these hazards.
The lawsuit also claims vicarious liability on behalf of Walgreens Co., stating that its employees were acting within the scope of their employment when they neglected their duties related to maintaining safety standards in the store. "The incident made the basis of this suit is a direct and proximate result of the negligence of Defendant’s employees," asserts Verhalen's legal team.
In addition to negligence and vicarious liability claims, Verhalen is also pursuing gross negligence charges against Walgreens Co., arguing that their conduct involved an extreme degree of risk which they were aware of but chose to disregard. This has led her to seek exemplary damages under Texas Civil Practices and Remedies Code § 41.001 et seq.
Verhalen is seeking compensation for past and future medical expenses; past and future physical pain and suffering; past and future mental anguish; past and future physical impairment; past and future disfigurement; lost wages; lost earning capacity; and exemplary damages.
Representing Ashley Verhalen are attorneys Samuel P. Armstrong and R. Matthew Franks from Armstrong-Lee & Baker LLP. The case has been assigned Case ID 2024-37000 with Judge Wanda Chambers presiding over it in Court No. 190.