A Harris County resident has filed a lawsuit against a local grocery store chain, alleging severe injuries due to negligence. Samuel Olvera submitted the complaint on May 29, 2024, in the District Court of Harris County, Texas, accusing Fiesta Mart, L.L.C. of failing to maintain safe premises.
According to the court documents, Olvera was shopping at Fiesta Mart's location at 5235 Katy Freeway in Houston on November 3, 2022. While navigating the canned food section, he tripped over an unattended cart left in the middle of the aisle. The fall caused him to land violently on his back as cans from the cart toppled onto him. This incident resulted in severe injuries that have required ongoing medical treatment.
Olvera's petition asserts that Fiesta Mart is liable for premises liability and negligence. "Defendant had a duty to use ordinary care to ensure that the Store did not present a danger," states the complaint. The plaintiff argues that Fiesta Mart failed to inspect and maintain its premises adequately and neglected to warn customers about potential hazards such as unattended carts. Furthermore, Olvera claims that Fiesta Mart did not implement or enforce proper safety procedures and training for its employees regarding customer safety and store inspections.
The lawsuit also accuses Fiesta Mart of negligent undertaking and negligent training. Olvera alleges that Fiesta Mart undertook responsibilities that they failed to perform with reasonable care, thus increasing his risk of harm. He contends that the company did not adequately train its employees on safety policies and procedures or how to interact with customers safely.
Additionally, Olvera charges Fiesta Mart with negligent supervision, retention, and monitoring of its employees. He claims that the store failed to monitor its staff effectively to ensure compliance with safety protocols and did not provide necessary training regarding hazard prevention within the store.
Olvera seeks monetary relief of less than $74,000 for various damages including medical expenses incurred since November 3, 2022, physical pain and suffering, physical impairment, loss of enjoyment of life, lost wages and earning capacity, physical disfigurement, and mental anguish. He also requests pre-judgment interest from the date of injury through judgment date at the maximum rate allowed by law, post-judgment interest at the legal rate, costs of court proceedings, and any other relief deemed appropriate by law or equity.
The case is being handled by attorney Annie Basu from Basu Law Firm PLLC representing Samuel Olvera. The case has been assigned Case ID: 2024-33644 in Harris County’s District Court under Judge Rhonda Momon.