A local resident has filed a lawsuit against a prominent car dealership, alleging negligence and seeking over $1 million in damages. Jimmie Hamilton lodged the complaint on July 3, 2024, in Harris County District Court against Don McGill of Katy, LLC, also known as Toyota of Katy.
According to the court documents, Hamilton claims he sustained personal injuries on June 12, 2024, after tripping over an elevated electrical cover at the dealership's service center located at 21555 Katy Freeway. The plaintiff argues that the dealership failed to maintain safe premises for its visitors and guests. "Despite their legal obligation," the complaint states, "Defendant chose to place elevated electrical covers in the common walkway of the service center area where numerous customers walked each day." The screws on these covers were reportedly not flush with the surface, creating an unreasonably dangerous condition.
Hamilton's attorney, Joe B. Stephens of The Stephens Law Firm in Katy, Texas, contends that Toyota of Katy was negligent in several ways. The lawsuit alleges that the dealership violated multiple safety codes and standards designed to protect individuals from such hazards. Among these are regulations under the Code of Federal Regulations (CFR) and the Americans with Disabilities Act (ADA). Specifically, Hamilton points out that Toyota of Katy failed to comply with CFR 29 § 1910.22 regarding walking surfaces and ADA sections 303.2 and 403.4 concerning tripping hazards.
The complaint further details how Hamilton's fall resulted in significant physical pain and mental anguish, both past and future. He also cites physical impairment and disfigurement as ongoing issues stemming from the incident. Additionally, Hamilton is seeking compensation for reasonable and necessary medical expenses incurred due to his injuries.
In terms of relief sought from the court, Hamilton requests a judgment awarding him monetary damages exceeding $1 million. This amount includes various forms of compensation such as penalties, costs, expenses, pre-judgment interest, attorney fees, and exemplary damages against Toyota of Katy for their alleged negligence.
The case is being overseen by Judge Nelson Cuero in Harris County District Court under Case ID: 2024-42249 / Court: 80.