Customer cites Wal-Mart for defective door

Carol Ostrow May 8, 2015, 12:15pm


A Harris County customer has sued Wal-Mart, alleging premises liability.

Juan Gracia of Houston filed a lawsuit May 5 in the Houston Division of the Southern District of Texas against Wal-Mart Stores, citing negligence in a March accident.

According to the complaint, on March 18, Gracia was a customer in Wal-Mart store No. 4298, on 9235 N. Sam Houston Parkway E. in Humble, when the store’s automatic doors closed on him without warning, striking him in the right shoulder.

The suit says Gracia suffered a torn right rotator cuff, requiring surgery and physical rehabilitation. The suit cites the store with failing to properly inspect, maintain, repair or disable the door, or warn Garcia of the hazard. The complaint says Wal-Mart staff should have known of the door’s condition, placing the plaintiff at unreasonable risk of harm.

The plaintiff cites: pain, suffering and anguish; impairment, disfigurement and disability; lost wages and earning capacity.

Garcia seeks: compensation of $250,000 in actual damages; compensatory damages; pre- and post-judgment interest; attorney fees; expenses; and costs.

He is represented by attorney Hugh Howerton of the Law Offices of Hugh J. Howerton in Houston.

Houston Division of the Southern District of Texas case number: 4:15-cv-01190.

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