Shenequia Jackson's boyfriend was holding her minor son while she washed clothes at the Wizard Quick Stop when the boyfriend slipped in a puddle of water and fell through a plate glass window, "causing the minor plaintiff to have his stomach gashed open."
Acting as next of friend, Jackson's personal injury lawsuit against Toba Enterprises, Inc. (Wizard Quick Stop) was filed in the Jefferson County District Court on Nov. 7.
According to the plaintiffs' petition, on April 30, 2006, Jackson and her son were at the Wizard Quick Stop, located at 6590 College Street in Beaumont, to wash clothes.
"Jackson's boyfriend was holding the minor plaintiffÃ¯Â¿Â½when he slipped in water and fell through the front plate glass window," the suit said.
"The plate glass window was too close to the seating provided to customers, and it was not safety glass," the original complaint states. "This incident caused the minor plaintiff to have his stomach gashed open, requiring him to be air-lifted to a hospital in Galveston, Texas, where he underwent immediate surgery to repair his intestines and body in general."
The plaintiffs are alleging that the defendant was negligent for failing to maintain its premises in a safe manner.
"Defendant was negligent in maintaining the conditions of the premises and had actual and constructive notice of the dangerous condition that caused plaintiffs' injuries," the suit said. "This condition created unreasonable risk of harm, and defendant failed to warn plaintiffs of the condition."
The plaintiffs are suing for past and future physical pain, mental anguish, lost wages, impairment and medical expenses.
They are demanding a trial by jury and are represented by attorney Tom Oxford of the Waldman Smallwood law firm.
Judge Gary Sanderson, 60th Judicial District, will preside over the case.
Case No. B180-723