Benjamin Ramirez has filed a negligence complaint against Altus Neighbors Realty, LLC, Ansari Family, LP, Hadidi Heart & Vascular, MD, and Women’s Healthcare Center of Baytown. The lawsuit was submitted by Ramirez on May 24, 2024, in the District Court of Harris County, Texas.
The case stems from an incident that occurred on August 18, 2022. According to the complaint, Ramirez was taking his daughter to a medical appointment at the defendants' premises located at 6051 Garth Road in Baytown. As he approached the sidewalk and stepped up onto the curb, he tripped due to what he describes as a "high step" without any handrails. An employee witnessed Ramirez's fall and came to his aid. Following the incident, Ramirez was transported to a medical facility where it was discovered that he had sustained two broken fingers along with injuries to his knee and face.
Ramirez asserts that the defendants were negligent in maintaining their premises safely. He claims they failed to correct or warn him about the unsafe condition of the curb despite knowing or reasonably should have known about it. "Defendants neither corrected nor warned Plaintiff of the same," states the complaint. This failure is cited as a proximate cause of Ramirez's injuries.
The plaintiff is seeking monetary relief for damages not exceeding $75,000. The lawsuit outlines several specific allegations of negligence against the defendants including failure to maintain safe premises, failure to protect invitees from unsafe conditions, and failure to warn about such conditions. Additionally, it alleges that defendants did not adequately train or supervise their employees regarding safety measures.
Ramirez also invokes the legal doctrine of respondeat superior which holds employers liable for actions performed by their employees within the scope of their employment. The complaint further emphasizes that as an invitee on the premises for a business purpose beneficial to both parties, Ramirez was owed a duty of care by the defendants.
In terms of relief sought from the court, Ramirez requests compensation for past and future medical expenses, physical pain and suffering, mental anguish, disability and physical impairment. He also seeks pre-judgment and post-judgment interest as allowed by law.
Representing Benjamin Ramirez are attorneys Kathryn L. Knotts (SBN: 24048596), Zachary C. Smitherman (SBN: 24121138), and Michael Larrieux (SBN: 24135678) from The Carlson Law Firm P.C., based in Bryan, Texas. The case is filed under Case ID 2024-33152 in front of Judge Gerardo Perez in Harris County’s 127th Judicial District Court.