A Palm Beach County resident has filed a lawsuit against a major pharmacy chain and its store manager, alleging negligence that led to significant injuries. Harris Simon filed the complaint in the Circuit Court of the Fifteenth Judicial Circuit in Palm Beach County, Florida, on August 22, 2024, naming Walgreen Co. and John Doe as defendants.
According to the court documents, Simon visited a Walgreens Pharmacy located at 11079 S Military Trail in Boynton Beach on August 27, 2023. While walking through the vitamin aisle to obtain a prescription, he slipped and fell due to what he describes as "a transitory foreign substance" on the floor. The fall resulted in significant and permanent injuries for Simon.
The plaintiff asserts that Walgreen Co., as the owner and operator of the premises, had a non-delegable duty to maintain a safe environment for its customers. "Defendant owed Plaintiff a nondelegable duty to exercise reasonable care for her safety," reads one part of the complaint. The document further alleges that Walgreen Co. either knew or should have known about the hazardous condition on their floor but failed to take appropriate action to rectify it or warn customers.
Simon accuses Walgreen Co. of multiple forms of negligence including failing to maintain or adequately inspect the premises, failing to warn customers about potential hazards, and not following corporate policies regarding safety measures. Additionally, he claims that there was inadequate staffing assigned to inspect and maintain the flooring for dangerous conditions.
In his lawsuit against John Doe, identified as the store manager responsible for maintaining and managing the store operations, Simon extends similar accusations. He argues that John Doe had direct responsibility for executing Walgreens' policies related to store management and safety but failed in these duties. "Defendant JOHN DOE...was directly responsible for maintaining, managing, and operating the subject store," states Simon's complaint.
Simon is seeking damages exceeding $50,000 from both defendants for bodily injury resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses, loss of earnings capacity among other losses. He demands a trial by jury on all issues so triable.
Representing Harris Simon is Maxwell E. Murray from Morgan & Morgan law firm based in Plantation, Florida.
The Case Number is 502024CA008029XXXAMB Div: AN.