Marshalls customer steps on sharp object, pursues legal action

HOUSTON - After he supposedly stepped on a sharp object at one of their Houston area stores two years ago, Gerardo Saldana is pursuing legal action against The TJX Companies Inc. and The Marmaxx Group.

Saldana filed a personal injury lawsuit in Harris County District Court in May, but the defendants removed the case to the Houston Division of the Southern District of Texas on June 26.

Recent court papers explain that the plaintiff and his wife were shopping at Marshall on June 11, 2011, when the subject incident occurred.

"While in or near the shoe department he inadvertently stepped on a sharp object that was left on the floor," the original petition says.

"After further examination of such sharp object it was determined that it most likely was the pin end of one of the security tags that are placed upon store items such that they are not readily removed from the store without payment."

The suit claims "it is far more likely than not that a store employee negligently left such sharp object on the floor of the store," adding the event inflicted "immediate" injury to the complainant's right foot.

According to Saldana, his wound did not heal and became "progressively worse."

"He was caused to undergo several surgeries to remove all the toes on his right foot," the suit says.

Consequently, the plaintiff seeks unspecified monetary damages.

Attorney J.W. Stringer of Houston is representing Saldana.

Case No. 4:13-CV-1864