A Humble, TX woman is suing for wrongful death after her husband was killed defending her from a customer at the drive-in where she worked.
Tammy Banks individually, and as representatives of the estate of Samuel Banks, filed a complaint against Gamal Enterprises, Inc.; Mandie’s Drive In L.L.C.; and Amanda Smith. The suit was filed Aug. 25 in the 151st District Court of Harris County, according to discovery documents.
The complaint says that on or about Feb. 20, Banks was working at Mandie’s Drive In in Humble, which is owned by the defendants. It says that Amanda Smith was aware of an individual, Justin Ware, “who was sitting in his car outside the restaurant with a gun in his lap smoking and selling marijuana.”
The complaint alleges that Smith knew about the gun and drugs and still sent employees outside to sell food to Ware.
“Amanda Smith and her husband even alerted employees in the restaurant about the existence of the gun but did nothing to protect their employees or invitees to the premises,” the filing says.
The complaint says Banks’ husband, Samuel Banks, came to visit her at work and while there, Ware became “aggressive” with her. Events took a
life-altering turn.
“When Samuel Bank’s defended his wife’s honor, Justin Ware shot and killed him with the weapon that was known about by the Defendants,” the filing says.
Banks is suing for negligence, alleging that they failed to make the condition of the premises safe; were negligent in hiring and/or retaining security personnel; failed to ensure security systems were in proper working order; and failed to provide an adequate number of security personnel.
The filing says that as a result of the defendants’ negligence, Bank has suffered past and future physical pain and mental anguish; loss of consortium; medical expenses; and lost wages and earning capacity.
She is seeking punitive damages for negligence and wrongful death damages, including actual damages; loss of her husband’s earning capacity, advice, counsel, services, care, maintenance and support; expenses for psychological treatment; funeral expenses; and mental anguish, loss of companionship and society, and loss of inheritance. In addition, she is asking for interest, court costs, exemplary damages and all other just relief, the suit states.
The plaintiff is being represented by Jack Nugent and M. Paul Skrabanek of Pierce Skrabanek, PLLC in Houston.