HOUSTON — It was a woman’s own negligence that caused her to slip off a handicapped toilet seat in the bathroom of a H-E-B, according to an answer recently filed by the grocery company.
Seeking up to $250,000 in damages, Linetta Liberto filed a complaint May 17 in Harris County District Court against H-E-B.
Liberto claims that on Nov. 8, 2019, she was at the H-E-B on San Felipe in Houston. She alleges that she was in the handicapped stall of the store's public bathroom when "suddenly and without warning," the toilet seat shifted, causing her to lose her balance and fall.
She claims H-E-B did not have a warning or out of order sign to alert about the hazard in the bathroom stall and failed to "exercise reasonable care" to eliminate the dangerous condition.
Court records show H-E-B answered the suit on June 13, asserting any alleged injuries Liberto suffered “were solely the result” of her own negligence.
Liberto claims she suffered physical impairment, mental anguish, disfigurement, lost wages and incurred medical expenses.
Liberto seeks monetary relief between $100,000 and $250,000, interest, trial by jury and all other just relief.
She is represented by Sofia Bruera of The Bruera Law Firm PLLC in Houston.
H-E-B is represented by the Gilbert Law Firm in Houston
Harris County District Court case number 2021-29314