Summer trial slated against H-E-B by shopper who bonked head on cigarette rack

By David Yates | Feb 11, 2013

An summer trial has been slated in litigation brought by Devin Woods, who bonked his head on a cigarette rack while lifting his groceries at H-E-B. 

As previously reported, Wood filed suit against the grocery chain on April 12 in Jefferson County District Court, alleging H-E-B Grocery negligently failed to warn him of the dangerous condition.

Court records show that on Oct. 24 a discovery control plan order was entered in the case, slating the suit for trial in June.

The order also calls for the case to be mediated on or before May 13.

According to the lawsuit, on April 13, 2010, Woods was shopping at the Port Arthur H-E-B. He bent over to pick up his grocery bags from a stocker and hit his head on a cigarette rack as he rose up, resulting in a closed head injury.

In addition to failing to warn him, Woods alleges H-E-B negligently failed to remove the dangerous condition and take corrective action.

Woods is suing for his alleged past and future medical expenses, mental anguish, pain, impairment, disfigurement and lost wages, plus all court costs.

Beaumont attorney Brett Thomas of Roebuck, Thomas, Roebuck & Adams represents him.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A192-294

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