In a recent court filing, Gilberto Cabrera has lodged a negligence complaint against Crazy Eyes Holdings, LLC, doing business as Ojos Locos. The lawsuit was filed on May 20, 2024, in the District Court of Harris County, Texas.
The plaintiff, Gilberto Cabrera, claims that on January 5, 2024, while dining at Ojos Locos Sports Cantina located at 12200 Gulf Freeway in Houston, Texas, he suffered significant injuries due to a faulty wooden chair. Cabrera alleges that the chair broke unexpectedly while he was seated, causing him to fall violently to the ground. According to the complaint, there were no warning signs or labels indicating that the chair was unsafe for use. Despite an incident report being filed immediately after the fall, neither Cabrera nor his legal counsel have been granted access to this report.
Cabrera's petition outlines several accusations against Crazy Eyes Holdings. He asserts that as an invitee on their premises for dining purposes, he was owed a duty of care by the defendant. The complaint states that Crazy Eyes Holdings breached this duty by allowing a weak wooden chair to remain in an area accessible to patrons without any warnings or proper maintenance checks. Specific allegations include failure to warn invitees about the hazardous condition of the chair and neglecting to remove it from service despite its dangerous state.
"Defendant knew or reasonably should have known of the danger posed by the weak wooden chair on its premises," reads part of Cabrera's filing. He further accuses Crazy Eyes Holdings of negligence per se and claims their actions involved "an extreme degree of risk" with conscious indifference towards his safety and that of other patrons.
As a result of this incident, Cabrera is seeking monetary relief exceeding $250,000 but not more than $1 million. His damages claim includes past and future medical expenses, pain and suffering, mental anguish, physical impairment, lost wages and diminished earning capacity. Additionally, he is pursuing exemplary damages based on what he describes as reckless conduct by Crazy Eyes Holdings.
The plaintiff has requested a jury trial for all factual issues in this case and has designated e-service email addresses for all legal documents related to this matter.
Representing Gilberto Cabrera are attorneys Wayne D. Collins (Texas Bar No. 00796384), Roy J. Elizondo III (Texas State Bar No: 24036519), and Miguel A. Cano (Texas State Bar No: 241156). The case is presided over by Judge Cynthia Clausell-McGowan under Case ID: 2024-31795.