HOUSTON - A recently filed lawsuit is alleging Ross failed to clean a retail security tag nail off the floor.
Seeking up to $1 million in damages, Gaspar Orts Pena filed suit against Ross Dress For Less on Dec. 22 in Harris County District Court.
According to the lawsuit, on March 26 Pena was shopping at a Houston Ross when he “stepped on a retail security tag nail that was on the floor.”
“Plaintiff is diabetic and because of neuropathy in his foot, he did not feel when he stepped on the nail,” the suit states. “He only discovered his injury hours later when he took off his shoe and found blood in his shoe.”
Pena asserts the defendants failed to correct the unreasonably dangerous condition.
In addition to exemplary damages, he is suing for his past and future medical expenses, pain, impairment, loss of earnings, loss of consortium, disfigurement, loss of household services and mental anguish, and also fear of future disease or condition.
The Law Offices of Marcos & Associates represents him.
Case No. 2023-87389