Woman claims she was struck by cart, sues Kroger and Pepsi

John Suayan, Galveston Bureau Jan. 19, 2011, 5:27am

GALVESTON � A Galveston County woman has filed suit against The Kroger Co. and Pepsico Inc. after she was hit by a six-wheel cart two years ago.

In the lawsuit filed Jan. 12 in Galveston County District Court, Gabriela Garza says that she collided with a cart belonging to Pepsico on Feb. 27, 2009, while making her way into the Dickinson Kroger.

Garza claims Gary Brooks, the Pepsico employee operating the cart at the time of the incident, had his vision impaired and was not able to maneuver the cart responsibly. Brooks is also a defendant in the suit.

The original petition faults Kroger for premises liability and negligence while it blames Pepsico for hiring, retaining and failing to train Brooks, who in turn is sued for not keeping a proper lookout and striking the plaintiff.

Consequently, Garza seeks unspecified monetary damages and a jury trial.

Attorneys Orville O. Dunk and Brittany Clark of Houston are representing the complainant.

The case has been assigned to Galveston County 212th District Court Judge Susan Criss.

Case No. 11-cv-0046

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