HOUSTON — A December trial has been slated in a lawsuit against Academy Sports that alleges a customer was assaulted after he attempted to enter an occupied dressing room that had a vacancy display and a broken lock.
Seeking more than $250,000 in damages, Jose David Martinez and Fabiola Mendez Patino sued Academy.
Court records show the case was originally slated for trial on May 15, but the parties filed an agreed motion for continuance stating that more time was needed for discovery.
The case is now set for trial on Dec.4, according to the most recent docket control order.
The suit claims Martinez was at the Academy in Spring on June 16, 2019, when he attempted to go into a unisex dressing room stall to try on clothes. He alleges the stall door said "vacant" and the lock on the door was broken and defective.
The room was occupied by a female customer whose unidentified family member then injured Martinez for trying to get into the stall, according to the lawsuit.
Court records show that Academy filed an amended answer on Sept. 10, 2021, arguing that Martinez’s alleged injuries are the result of his own negligence and were caused by persons that Academy had no control over.
Martinez claims Academy is negligent for failing to make a reasonable investigation into the incident, failing to provide security or control its premises.
He claims he suffered pain, disfigurement and impairment as a result of his injuries and incurred medical expenses.
Martinez is represented by Corey Gomel and Maxey Scherr of Gomel & Associates PC in Houston.
Academy is represented by Robert Ford and Saira Siddiqui, attorneys for the Bradley Arant Boult Cummings law firm in Houston.
Harris County District Court case number 2021-36155