HOUSTON — A customer at a BMW dealership claims a malfunctioning garage door in the service area caused her to suffer a traumatic brain injury.
Sandy Upshaw filed a complaint Nov. 9 in Harris County District Court against McCall-SB Inc., doing business as Advantage BMW Midtown alleging negligence.
Upshaw was at the defendant's premises on May 18, 2021, according to her complaint. She alleges that as she was walking through the door into the service area of the dealership, the overhead garage door came "quickly down" and hit her in the head.
She further alleges that as a result, she suffered a traumatic brain injury and continues to suffer from headaches, dizziness, confusion, memory loss, lost wages and incurred medical expenses. Upshaw alleges Advantages' negligence for having the improperly designed door and failing to maintain the door. She also claims Advantage did not provide a warning of the risk of harm.
Upshaw seeks monetary relief between $200,000 and $1 million, interest, trial by jury and all other just relief. She is represented by Brock Akers of The Akers Firm PLLC in Houston.
Harris County District Court case number 2021-73558