A Houston woman has filed a lawsuit against several major corporations, alleging negligence that led to serious injuries. Braxton Moore filed the complaint in Harris County District Court on July 19, 2024, naming Shipt, Inc., Best Buy Co., Inc., Vassar Corporation, and Southway Shopping Center as defendants.
According to the petition, the incident occurred on November 28, 2022, when Moore was on Best Buy’s property at 8210 S. Gessner Dr., Houston, TX. She was there to pick up a purchase on behalf of Shipt. The property is owned and operated by Best Buy, and Moore was working for Shipt to collect and deliver items sold by Best Buy. As she walked toward the designated location to pick up merchandise, she tripped over an unattended dolly left in a hazardous position. This fall resulted in significant injuries for Moore.
Moore's lawsuit claims that the condition of the property posed an unreasonable risk of harm which the defendants knew or should have known about. They failed to exercise ordinary care by not adequately warning her of the dangerous condition or making it reasonably safe. "Defendants were negligent," states the petition, emphasizing that their breach of duty directly caused her injuries.
The plaintiff also asserts that Shipt had agreed to protect her if she got injured while performing services but failed or refused to do so. The lawsuit accuses Shipt of breaching this agreement and acting negligently.
Moore is seeking a declaratory judgment from the court regarding her rights under an insurance policy with Shipt at the time of the incident. She requests that the court declare her as an insured party under this policy and determine that her damages fall within its coverage. Additionally, she seeks monetary relief exceeding $250,000 but not more than $1 million for physical pain, mental anguish, physical impairment, disfigurement, loss of enjoyment of life, loss of earnings and earning capacity both past and future.
The case is being handled by Shane McClelland from the Law Office of Shane McClelland PLLC. It has been assigned Case ID 2024-45400 in Harris County District Court under Judge Nelson Cuero.