A devastating workplace injury has sparked a significant legal battle in Harris County, Texas. On June 26, 2024, Enordy Albio Bonilla Lopez filed a lawsuit against Dark Night Riders, LLC, Ariel Esteban Leon Hernandez, Texas Tire Recycle, LLC, Michael E. Katz, Joaquin Lugo Trejo, and Primo’s Tire Shop. The case centers around severe injuries Lopez sustained while working at Primo's Tire Shop.
The plaintiff's original petition outlines a negligence cause of action. According to the complaint, on May 4, 2024, Lopez was operating machinery at Primo’s Tire Shop when his right hand got caught due to the absence of a proper guarding mechanism. This incident resulted in catastrophic injuries including partial or complete amputations of his fingers and other severe hand injuries. Lopez alleges that the defendants failed to provide a safe working environment and did not properly maintain or repair the equipment.
Lopez contends that all defendants had a duty to ensure the safety of the premises and equipment but failed to do so. "Defendants were negligent because they failed to use ordinary care under the circumstances," states the petition. The lawsuit accuses Dark Night Riders and its general manager Ariel Esteban Leon Hernandez of forfeiting their corporate status and thus being personally liable for debts pursuant to Texas Tax Code Ann. § 171.252.
The complaint also implicates Texas Tire Recycle, LLC and its managing members Michael E. Katz and Joaquin Lugo Trejo for similar reasons of corporate forfeiture and personal liability under the same tax code provision. Additionally, it is alleged that these defendants retained control over safety protocols at Primo’s Tire Shop but neglected their responsibilities.
The plaintiff seeks compensatory damages exceeding $1 million for pain and suffering, mental anguish, physical impairment and disfigurement, healthcare expenses, loss of earning capacity, and loss of enjoyment of life. Furthermore, Lopez demands pre-judgment and post-judgment interest at the maximum rate allowed by law along with all court costs.
Representing Lopez are attorneys James G. Rodriguez (State Bar No. 2400 858), Joaquin A. Rodriguez (State Bar No. 24093058), and Zachary I Caballero (State Bar No: 24106855) from Padilla & Rodriguez LLP based in Houston.
The case is assigned Case ID: 2024-40638 with Judge Patricia Jones presiding in Harris County District Court.