Injuries from falling Jell-O is plaintiff's fault, defendant says
Bond Drug Company is fighting a lawsuit filed against the company by a woman who claims she was hit in the face by several falling Jell-O boxes as she was shopping at the Granite City Walgreen's.
In its July 6 response to the suit filed in Madison County Circuit Court in May, Bond Drug claims it was improperly named as Walgreen Co.
Plaintiff Kathleen Aubrey claims the incident occurred while she was shopping at the Nameoki Road Walgreens in November 2010. She was in the food aisle and reached for a box of Jell-O cheesecake mix when another stack of small boxes fell from a higher shelf.
She claims the boxes hit her on the right side of her face, aggravating a previous injury to her nose.
In its response, Bond Drug also states that the plaintiff's negligence contributed to her injuries, and that she is barred from recovery.
Aubrey accuses Walgreens of negligence for allegedly allowing the boxes to be stacked too high on a tall shelf. She asks for more than $50,000 in damages for medical bills plus court fees.
HeplerBroom attorneys Michael Reda and Matthew Champlin announced their representation of Bond Drug on July 6.
Attorneys William J. Knapp and Del A. Goldenhersh of Edwardsville represent Aubrey.
Madison County Circuit Judge Dennis Ruth is assigned to the case.
Madison County Circuit Court Case No. 12-L-737