Filing # 134837572 E-Filed 09/17/2021 04:43:17 PM
`
`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
` IN AND FOR MIAMI-DADE COUNTY FLORIDA
`
`GENERAL JURISDICTION DIVISION
`
`
`
`CASE NO.
`
`
`
`
`
` THEARSA HARRELL,
`
`Plaintiff,
`
`-vs-
`
`
`HOLIDAY CVS, L.L.C.,
`a foreign limited liability company,
`doing business as CVS PHARMACY
`#5125
`
`
`Defendant.
`___________________________________/
`
`
`
`
`COMPLAINT FOR DAMAGES
`COMES NOW, the Plaintiff, THEARSA HARRELL, by and through her undersigned counsel
`and hereby files this Complaint for Damages against Defendant, HOLIDAY CVS, L.L.C., a foreign
`limited liability company, doing business as CVS PHARMACY #5125 (hereinafter referred to as
`“CVS”), and further alleges as follows:
`GENERAL ALLEGATIONS
`
`1.
`
`2.
`
`3.
`
`That this is an action for damages which exceeds THIRTY THOUSAND ($30,000.00)
`DOLLARS exclusive of interest, costs, and fees and within the jurisdiction of this Court.
`
`At all times material hereto, the Plaintiff, THERESA HARRELL was and is a resident of
`Miami-Dade County, Florida and is otherwise sui juris.
`
`At all times material hereto, the Defendant, “CVS” was and is a foreign limited liability
`company operating under the fictitious name “CVS PHARMACY #5125” which was duly
`registered in the State of Florida and doing business in Miami-Dade County, Florida.
`
`1
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`
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`
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`
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
` IN AND FOR MIAMI-DADE COUNTY FLORIDA
`
`GENERAL JURISDICTION DIVISION
`
`
`
`CASE NO.
`
`
`
`
`
` THEARSA HARRELL,
`
`Plaintiff,
`
`-vs-
`
`
`HOLIDAY CVS, L.L.C.,
`a foreign limited liability company,
`doing business as CVS PHARMACY
`#5125
`
`
`Defendant.
`___________________________________/
`
`
`
`
`COMPLAINT FOR DAMAGES
`COMES NOW, the Plaintiff, THEARSA HARRELL, by and through her undersigned counsel
`and hereby files this Complaint for Damages against Defendant, HOLIDAY CVS, L.L.C., a foreign
`limited liability company, doing business as CVS PHARMACY #5125 (hereinafter referred to as
`“CVS”), and further alleges as follows:
`GENERAL ALLEGATIONS
`
`1.
`
`2.
`
`3.
`
`That this is an action for damages which exceeds THIRTY THOUSAND ($30,000.00)
`DOLLARS exclusive of interest, costs, and fees and within the jurisdiction of this Court.
`
`At all times material hereto, the Plaintiff, THERESA HARRELL was and is a resident of
`Miami-Dade County, Florida and is otherwise sui juris.
`
`At all times material hereto, the Defendant, “CVS” was and is a foreign limited liability
`company operating under the fictitious name “CVS PHARMACY #5125” which was duly
`registered in the State of Florida and doing business in Miami-Dade County, Florida.
`
`1
`
`
`
`
`
`
`
`4.
`
`5.
`
`6.
`
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`7.
`
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`8.
`
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`9.
`
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`10.
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`11.
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`At all times material hereto, Defendant, “CVS” did, upon information and belief, own, operate,
`lease, control and/or maintain real property in Miami-Dade County, Florida.
`
`At all material times hereto, the Defendant, “CVS” owned, operated, leased and/or maintained
`a “CVS PHARMACY” located at 735 N.W. 119th Street in Miami-Dade County, Florida which
`among other goods and services sold prescription medications to the public.
`
`That on or about May 30th, 2018, Plaintiff, THEARESA HAROLD went to CVS store #5125
`to pick up her prescription medications as she had done in the past.
`
`That on May 30th, 2018, Plaintiff informed a CVS clerk at the CVS Pharmacy that she was
`picking up her prescriptions. The clerk asked her name and date of birth, and a short time later
`brought a white CVS bag with the medications inside the bag which was stapled shut and the
`prescription receipts stapled to the outside of the bag. In total, there were four (4) Medications
`in the bag and four (4) prescription receipts. The clerk sold the medications to Plaintiff who
`took the bag and went home.
`
`Unknown to Plaintiff who is illiterate, the “CVS clerk” had accidently placed a prescription
`medication (Metformin 500 mg) belonging to “Patrick Harris” in the CVS bag meant for
`Plaintiff “Thearsa Harrell.’
`
`The “CVS clerk” also stapled a prescription receipt for “Patrick Harris” to the CVS bag which
`contained PLAINTIFF’s three medications plus the Metformin which was meant for another
`customer.
`
`Plaintiff, unaware that she had an extra medication in her bag, and unable to read the label on
`the bottle, consumed the medications provided for the next week, including the diabetes
`medication that was meant for someone else.
`That on or about June 6th, 2018, Plaintiff became ill, ultimately passing out, falling to the floor,
`and suffering serious injuries in and about her body and extremities.
`
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`
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`2
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`12.
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`13.
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`14.
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`15.
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`16.
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`17.
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`18.
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`19.
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`At all times material hereto, the subject CVS clerk was in the course and scope of her
`employment with Defendant, CVS.
`
`The employee in question was not a pharmacist or pharmacy technician, but clerk tasked with
`simply gathering a bag with Plaintiff’s name on it, ringing it up in the cash register and handing
`the bag to Plaintiff.
`
`The negligent acts alleged in this complaint did not require professional skill or judgment.
`
`All of the acts or omissions of alleged herein took place in Miami-Dade County, Florida.
`
`
`COUNT I
`SIMPLE NEGLIGENCE AGAINST “CVS”
`
`Plaintiff realleges and reaffirms all of the allegations in paragraphs One (1) through Fifteen
`(15) inclusive above and incorporates same herein by reference as through follow set forth
`herein.
`
`At all times material hereto the subject CVS clerk owed Plaintiff a duty to use ordinary care
`and ordinary caution to insure that she checked the names on the labels and sold the proper
`medications to Plaintiff.
`
`That the subject CVS clerk breached the duty owed to Plaintiff by doing or failing to do one or
`more of the following acts or omissions:
`
`a. Failure to check the name labels on the bag before selling the medication to Plaintiff.
`
`b. Negligently selling the wrong medication to Plaintiff.
`
`
`
`That at all times material hereto the subject “clerk” was in the course and scope of her
`employment with “CVS” when she committed the negligent acts.
`
`
`
`
`
`3
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`
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`Defendant, “CVS’ is vicariously liable and therefore legally responsible for the negligent acts
`of its “clerk” committed within the course and scope of her employment with “CVS.”
`
`As a direct and proximate result of the above-mentioned negligence, the Plaintiff, THEARSA
`HARRELL, was injured in and about her body and extremities, suffered pain therefrom,
`incurred medical expenses in the treatment of the injuries and suffered physical handicap.
`Plaintiff suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss
`of capacity for the enjoyment of life and expense of medical treatment and loss of earnings, and
`loss of the ability to earn money. The losses are either permanent or continuing in nature, and
`the Plaintiff will suffer the losses and impairment in the future.
`
`WHEREFORE, Plaintiff, THEARSA HARRELL, demands a judgment for damages
`against the Defendant, “CVS” and requests a trial by jury of all issues so triable as a right by
`jury.
`
`
`
`CHRISTOPHER F. LANZA, PA
`Attorneys for Plaintiff
`290 NW 165TH STREET
`CITICENTRE, SUITE P-600
`MIAMI FL 33169
`Phone 305-956-9040
`Fax 305-945-2905
`
`Primary Email: cfl@lanzalaw.com
`
`/S/ Christopher F. Lanza
`
`Christopher F. Lanza
`Florida Bar #996009
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`#2589.Complaint
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`4
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