A shocking incident at a Houston business has led to a lawsuit seeking substantial damages. On June 14, 2024, Darlene Atkison filed a complaint in Harris County District Court against Calder-Chevalier LLC, operating as Bobbitt Glass & Design Company.
According to the complaint, Atkison was an invitee at the Bobbitt Glass & Design Company on March 8, 2023. While entering the premises located at 3420 W. Dallas Street in Houston, Texas, she encountered an unmarked elevation change that caused her to trip and fall hard onto the concrete pavement. The plaintiff claims that immediately after her fall, two men from the company painted the elevation change yellow to highlight it—a measure that should have been taken before her accident. She was subsequently driven to Memorial Hermann Emergency Hospital where she was diagnosed with a fractured fibula.
Atkison alleges that Calder-Chevalier LLC failed in their duty of care by not maintaining a safe environment for visitors. The lawsuit outlines several breaches of duty including creating a dangerous condition, failing to maintain the premises safely, and not complying with relevant Texas and local laws such as Texas Accessibility Standards. "Defendant had a duty to exercise ordinary care and act as a reasonable and prudent property owner," states the complaint. Furthermore, Atkison accuses Calder-Chevalier LLC of negligence in hiring, supervising, training, and retaining employees who failed to address or warn about the hazardous condition.
The plaintiff is seeking damages totaling over $250,000 but less than $1 million for physical pain and suffering, disfigurement, physical impairment, medical expenses both past and future, economic losses, loss of enjoyment of life, and mental anguish. She also demands pre-judgment interest from the date of injury through judgment day at the maximum rate allowed by law.
Representing Darlene Atkison are attorneys Wesley Johnson and Jana S. Reist from Johnson Reist PLLC based in Plano, Texas. The case is being presided over by Judge Christopher Matthews under Case ID 2024-37775.