HOUSTON — An order resetting the trial of a lawsuit alleging a man tripped over a battery left in the aisle of an O'Reilly Auto Parts store was recently filed.
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 negligent activity.
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 the case had been slated for trial in late June. However, on April 22 the parties filed an agreed motion for continuance on the grounds that they need additional time to conduct depositions and attempt to mediate the case.
The motion was granted and on May 26 an order was entered resetting the case for trial on Jan. 9, 2023, court records show.
In his suit, 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.
The Defendants are represented by the law firm of Sheehy, Ware, Pappas & Grubbs.
Harris County District Court case No. 2021-37383