H-E-B says it had no constructive notice of pepper tin on floor
H-E-B Grocery is seeking summary judgment in a suit brought by Port Arthur resident Michael Lamar, who sued the grocery chain alleging a store employee should have warned him about the pepper tin cluttering an aisle floor.
As previously reported, the suit was filed Feb. 17, 2012, in Jefferson County District Court.
In its motion filed May 15, H-E-B argues there is no evidence that it had actual or constructive notice of the pepper tin on the floor.
H-E-B is asking that Lamar’s claims be dismissed.
The lawsuit alleges that on Nov. 2, 2011, Lamar was shopping at that Port Arthur H-E-B with his wife when he stepped on a pepper tin while walking down the spice aisle.
“The HEB employee walked by the tin, did not warn plaintiff or remove the tin from the aisle, plaintiff slipped on the tin, and fell,” the suit states.
The suit alleges the store was negligent in failing to warn him of the dangerous condition and failing to inspect and maintain its premises.
The plaintiff is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.
Attorney Brett Thomas of the Beaumont law firm Roebuck, Thomas, Roebuck & Adams represents him.
H-E-B is represented by Mehaffy & Webber attorney M.C. Carrington of Beaumont.
Judge Milton Shuffield, 136th District Court, is assigned to the case.
Case No. D191-970