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SOUTHEAST TEXAS RECORD

Sunday, October 6, 2024

Plaintiffs Allege Negligence Against Major Retailers Following Catastrophic Vehicle Accident

State Court
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A catastrophic accident involving a 2016 Toyota Sequoia has led to a lawsuit against three major companies, alleging negligence and gross negligence. The plaintiffs, represented by Williams Hart & Boundas, filed the complaint in Harris County District Court on June 28, 2024, targeting Walmart Inc., Mavis Tire Supply LLC (doing business as NTB Tire & Service Center), and Caliber Auto Care.

The case stems from a series of events beginning on February 27, 2023, when Christopher David Wamsley took his vehicle to a Caliber facility in Spring, Texas for brake issues. Despite servicing the vehicle twice at Caliber facilities and once at an NTB location for routine maintenance and tire rotation, the plaintiffs allege that none of the technicians informed them that their Toyota Sequoia was severely misaligned. On March 3, 2023, Walmart installed four new tires on the vehicle but also failed to notify the plaintiffs about the misalignment.

On September 14, 2023, while driving on Highway 287 in Donley County, Texas, one of the front tires exploded due to this misalignment. Alexander Trujillo lost control of the vehicle, which rolled over into a ditch. The accident resulted in severe injuries to all occupants: Christopher David Wamsley, Christopher Justin Wamsley, Estela Garcia, Alexander Trujillo, Carlos Perez Garcia, and Luis Perez.

The plaintiffs argue that each defendant's failure to identify and rectify the misalignment constitutes negligence and gross negligence. They assert that proper alignment is critical for vehicle safety as it prevents uneven tire wear and potential blowouts. "Caliber’s employees failed to notify Plaintiff CDW that his Toyota Sequoia was severely misaligned," states one part of the complaint. Similar accusations are made against Walmart and NTB for failing to diagnose or inform about the dangerous condition during tire installation and rotation services.

The plaintiffs seek damages exceeding $1 million for medical expenses—both past and future—physical pain and suffering, mental anguish, loss of earnings capacity, household services loss, fear of future disease or condition, cost of medical monitoring and prevention in the future. Additionally, they are pursuing exemplary damages under Texas Civil Practice & Remedies Code §41.003(a) due to what they describe as grossly negligent behavior by all defendants involved.

Representing the plaintiffs are attorneys Cesar Tavares (State Bar No. 24093726), Alma J. Reyes (State Bar No. 24064391), Michael Samaniego (State Bar No. 24115865), and Alejandro Salicrup (State Bar No. 24038723) from Williams Hart & Boundas LLP located in Houston.

The case has been assigned Case ID: 2024-41318 with Judge Marilyn Burgess presiding over it in Harris County District Court.

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