HOUSTON — A June trial has been slated for a lawsuit claiming a man tripped over a battery left in the aisle of an O'Reilly Auto Parts store.
Nickolas Daniels filed a complaint June 23, 2021 in Harris County District Court against O'Reilly Auto Enterprises LLC doing business as O'Reilly Automotive Inc., alleging premises liability and negligence.
Daniels was at the O'Reilly Auto Parts store on Cullen Boulevard in Harris County on Sept. 28, 2020, according to his complaint. He alleges that as he was walking to the back of the store to deposit recycled oil, he tripped over a battery that was in "a high traffic area of the store" and "violently fell to the ground."
Court records show O’Reilly Auto answered the suit back in August, asserting a general denial and that Daniels failed to act as a reasonably prudent person using ordinary care.
Court records also show that the case has been slated for trial on June 27.
Daniels claims as a result of his fall, he suffered "disabling" injuries to his back, neck, shoulders and other parts of his body. He alleges the defendants were negligent for leaving the battery on the floor or to inspect or clean the aisles. Daniels also alleges the defendants failed to ensure a safe shopping environment that is free from slip and fall hazards and neglected to warn of the hazard.
Daniels seeks monetary relief between $250,000 and $1 million and all other just relief.
He is represented by Kenneth Baird of The Baird Law Firm in Houston.
O’Reilly Auto is represented by the Houston law firm of Sheehy, Ware & Pappas.
Harris County District Court case number 2021-37383