Motion to dismiss suit against Wal-Mart over stolen Xanax set for hearing

Amelia Flood Feb. 3, 2010, 7:41am


Wal-Mart is moving to dismiss one of two suits filed against in September, claiming that the plaintiff has not argued that its O'Fallon store breached the Illinois' Consumer Fraud Act.

St. Clair County Circuit Judge Lloyd Cueto is set to hear the dismissal move at 9 a.m. Feb. 16.

Plaintiff Virginia Bailey is suing Wal-Mart for allegedly giving her prescription to an unknown person.

Her suit seeks damages in excess of $50,000 for each of the two counts of her Sept. 30, 2009 suit.

Bailey filed the claim against Wal-Mart on the same day that another woman filed a malicious prosecution case over her arrest for shoplifting at the O'Fallon store.

That case is pending before St. Clair County Circuit Judge Michael O'Malley.

According to Bailey's complaint, a prescription for "Zanax" (sic) was called into the O'Fallon Wal-Mart's pharmacy for her on March 14, 2008.

Three days later, the store released the drugs to William Millas.
Bailey was then unable to fill her prescription because the store had already filled it for Millas.

Bailey's suit also names Millas as a defendant.

She claims Wal-Mart breached the state's Consumer Fraud Act by filling the prescription for Millas despite in-place safeguards.

In its motion to dismiss, Wal-Mart contends that one had to knowingly violate safety procedures to breach the consumer fraud law.

In its motion, the store claims that Bailey has not alleged any facts sufficient to support the claims.

Bailey is represented by Grey Chatham of Belleville.

Wal-Mart is represented by Darrell Flesner of Swansea.

The case is St. Clair case number 09-L-512.

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