HOUSTON – A man alleges he tripped on a damaged surface and suffered injuries at a Timewise Convenience Store in Humble.
Francis Clayton filed a complaint on Jan. 14 in Harris County District Court against Texas Petroleum Group LLC, doing business as Timewise Shell and Timewise Food Stores and others, alleging premises liability and negligence.
Clayton was at the Timewise Food Store in Humble on July 10, 2019, his complaint said. He alleges that he tripped and fell on a "cracked, broken, unlevel, uneven or otherwise dangerous walking surface" and suffered physical pain, mental anguish, loss of earnings, impairment and disfigurement as a result of his fall. Clayton further alleges that he has incurred medical expenses due to his injuries.
He claims the defendants were negligent in failing to warn of the condition on their premises and that they "were aware and on notice of the existence and location" of the alleged hazard. Clayton also claims the defendants failed to keep the area "safe for pedestrian traffic."
Clayton seeks monetary relief between $250,000 and $1 million, trial by jury, interest and all other just relief. He is represented by David Mestemaker, Norman Straub and Jonathan Zumwalt of Mestemaker, Straub & Zumwalt in Houston.
Harris County District Court case number 2021-02205