Walgreen's dismissed from woman's lawsuit over falling Jell-O incident

Christina Stueve Hodges Oct. 3, 2012, 8:28am



A woman suing a Granite City pharmacy has filed a motion for voluntary dismissal of one of the defendants in the lawsuit.

Kathleen Aubrey filed a lawsuit May 25 against Bond Drug Company, which does business as Walgreens and Walgreen Company.

Aubrey claims she was in the Granite City Walgreen's Nov. 11, 2010, looking for a box of Jell-O cheesecake mix when a stack of red boxes hit her head.

She claims she sustained severe internal and external injuries.

Walgreen's filed a motion to dismiss the plaintiff's first amended complaint on Sept. 7, stating Bond Drug Company owns the Granite City Walgreen's and not Walgreen Co.

"Based on that representation, the plaintiff is dismissing Defendant Walgreen Company," according to Aubrey's Sept. 27 motion.

In its answer to the suit, Bond Drug Company admitted the plaintiff was inside the Walgreen's at 3732 Nameoki Road in Granite City, but denies the remaining allegations.

Bond Drug Company further stated the negligence of the plaintiff contributed in whole or in part to her injuries, and the plaintiff is barred in whole or in part from recovery.

William Knapp and Del Goldenhersh of Knapp, Ohl & Green represent the plaintiff.

Michael Reda and Matthew Champlin of HeplerBroom represent Walgreen Company and Bond Drug Company.

Madison County case number 12-L-737.

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