HOUSTON (CN) – Startled by maggots in a candy bar she bought at Walmart, a Texas woman spit out a mouthful and jumped from her moving car, the traumatized woman claims in court.
Peables Fowls sued Wal-Mart Stores Inc. dba Wal-Mart on Tuesday in Harris County District Court, seeking more than $1 million damages.
Fowls says in the lawsuit she bought an Almond Joy at a Walmart in Houston on Oct. 3, 2016 and opened it in her car in the store’s parking lot.
“While reversing Peables opened the candy bar’s wrapper to find that the candy bar was filled with a large amount of maggots and insects. The maggots and insects fell out of the wrapper and into Peables’ lap and mouth area,” the complaint states.
Fowls says she panicked and quickly jumped from her moving car, injuring her finger and ankle. She then returned to the store to file a complaint.
“As Peables was reporting the incident she began to feel nauseated, began to experience tightening in her chest and began to vomit,” the lawsuit states. Walmart staff called an ambulance for her.
Fowls seeks punitive damages for alleged negligence and breach of warranty.
She wants the court to order Walmart to give her attorney surveillance footage of her in the store and parking lot that day, and documentation about the store’s policies for inspecting perishable goods that were in effect in October 2016.
She also asks Walmart for, “All documents or reports that you possess relating to contamination or infestation of candy bars occurring within the last five years at the 9858 Rowlett Road Wal-Mart.”
She is represented by Carl Gordon in Houston.
“We take this claim seriously and are looking into it. We will respond appropriately with the court,” Walmart spokesman Ragan Dickens said.
Hershey’s, the maker of Almond Joy, is not named as a defendant in the complaint.