HOUSTON – A case management plan was recently entered in a lawsuit brought by a woman alleging that a “colorful object” protruding from a Target store shelf injured her because it was “camouflaged” by other colorful items.
Seeking up to $1 million in damages, Jerri Mester filed suit against Target on Oct. 19 in Harris County District Court.
Court records show the case was transferred to federal court. A case management plan was entered on March 22, which states the parties propose a discovery deadline of Sept. 20.
According to the lawsuit, on Aug. 3, 2019, Mester entered a Target to shop. While walking through the store, she “had no reason to believe her progress would be impeded” but was “struck by a large, colorful object, which protruded from Defendant’s shelf.”
“This protruding object was camouflaged by the array of colorful items on the same shelf, which inhibited plaintiff from being able to notice the obstacle protruded from the shelf, creating the circumstance whereby it and Plaintiff were caused to collide, injuring Plaintiff,” the suit states.
Mester asserts Target failed to warn her about the “dangerous condition.”
She is suing for her past and future mental anguish, pain, impairment, loss of enjoyment of life, medical expenses and loss of earning capacity.
Houston attorney Landon Keating, who was charged last October for secretly recording a female coworker as she used the bathroom, represents Mester.
Case No. 4:20-cv-03905