A routine trip to a local convenience store turned into a nightmare for one Texas resident, who is now seeking justice through the courts. Nancy Smith filed a complaint against Big Diamond, LLC, doing business as Valero Corner Store, in Harris County District Court on July 12, 2024.
According to the lawsuit, Smith alleges that she suffered severe injuries on January 24, 2024, while visiting the Valero Corner Store located at 911 Studewood St., Houston, Texas. As she was walking towards the restroom, she tripped over a rolling cart left unattended on the floor and collided with another rolling cart. The impact caused significant injuries to her jaw and other parts of her body. Smith contends that there were no warning signs or any indications of caution near the area where the incident occurred.
Smith's legal filing accuses Big Diamond, LLC of negligence and premises liability. The plaintiff asserts that as an invitee on the defendant's property, she was owed a duty of care that was not met. "Defendant knew or should have known of the unreasonably dangerous condition and neither corrected nor warned Plaintiff of it," states the complaint. Smith argues that she had no knowledge of the hazardous condition and could not have reasonably been expected to discover it on her own.
The lawsuit outlines several specific allegations against Big Diamond, LLC:
- Failure to maintain safe conditions on their premises.
- Failure to inspect areas where dangerous conditions existed.
- Failure to correct these conditions or take reasonable measures to safeguard visitors.
- Failure to inform visitors like Smith about existing dangers.
- Negligently conducting operations within the store.
Each act of negligence is claimed to be a proximate cause of Smith's injuries and subsequent damages. As a result of these alleged failures by Big Diamond, LLC, Smith is seeking monetary relief not exceeding $75,000. This amount includes damages for past and future medical expenses, pain and suffering, mental anguish, physical impairment and disfigurement, as well as lost wages and loss of earning capacity.
Smith’s attorney Tyler N. Wilson from Daspit Law Firm has formally requested that citations be issued requiring Big Diamond, LLC to appear in court and answer these allegations. The case has been assigned Case ID 2024-43732 and will be heard in Harris County District Court by Judge Adiliani Solis.