GALVESTON – Discount Tire Company of Texas Inc. knew a concrete ramp at one of its branches here presented a hazard therefore it bears responsibility for a local woman's fall, alleges a lawsuit filed Apr. 28 in Galveston County District Court.Pain and suffering in the past and future;
Rina Reid accuses the business of negligence before the 56th District Court, claiming it failed to inform her about exercising caution with the said ramp.
According to the suit, Discount Tire Company invited Reid to one of its stores in early March when she reportedly fell while trying to make her way inside.
The suit also names Halle & Von Voightlander Partnership as a defendant.
"On or about March, 3, 2008, Plaintiff was an invitee on premises owned, occupied, managed, controlled, and/or maintained by Defendants, when she fell when trying to walk up a concrete ramp," says the suit. "The concrete ramp created an unreasonably dangerous condition."
Discount Tire Company and Von Voightlander Partnership should have known of the danger the ramp poses and taken steps to remedy the problem, states the suit.
"Defendants were at all relevant times in the course and scope of business," it explains. "Defendants in exercise of ordinary care knew or should have known that the concrete ramp created an unreasonably dangerous condition, and thus had actual and/or constructive notice of the unreasonably dangerous condition."
In addition to allegedly poor safety practices, states the suit, Discount Tire Company and Von Voightlander may have "violated laws and/or regulations of the Americans with Disabilities Act (and the corresponding state and local laws and/or regulations) and breaching the requirements set forth in the ADA and Texas Accessibility Standards."
Reid, who is represented by M. Andrew Seerden, claims to have "sustained critical and debilitating injuries as a result of the incident." She seeks damages including the following:
Mental anguish in the past and future;
Disfigurement in the past and future;
Physical impairment in the past and future;
Medical treatment in the past and future;
Costs of court; and
Prejudgment and post judgment interest at the maximum rate allowed by law.
A request for a trial by jury was filed May 1.
The case has been assigned to Judge Lonnie Cox.
Case No. 08CV0436