A tragic incident at a funeral home has led to a significant legal battle, as the family of the deceased is seeking justice for what they allege was gross negligence on the part of the funeral home. Elaine Collins filed a complaint against Houston Memorial Gardens, Inc. in Harris County District Court on July 26, 2024.
The case revolves around an incident that occurred on October 29, 2022, when Capriel Collins attended a funeral at Houston Memorial Gardens. According to the complaint, Capriel Collins was walking towards the burial site through muddy terrain covered partially by plywood placed by the defendant. The plaintiff alleges that there were no warnings about the unsafe conditions. Tragically, Ms. Collins stepped off the plywood and sank into the mud, causing her to fall and fracture her ankle. The injury led to complications including deep vein thrombosis, which ultimately resulted in her death.
Elaine Collins argues that Houston Memorial Gardens failed to provide reasonably safe premises and did not warn attendees of the hazardous conditions. "Defendant’s failure to provide reasonably safe premises and its failure to warn its customers and guests of the unsafe section on the premises solely and proximately caused Ms. Collins severe injuries and untimely death," states the complaint.
The plaintiffs are pursuing multiple causes of action against Houston Memorial Gardens including respondeat superior, negligent training and supervision, and premises liability. They claim that an employee responsible for laying out plywood acted within their employment scope but failed to adequately warn or protect attendees from dangerous conditions. Additionally, they argue that Houston Memorial Gardens negligently trained and supervised this employee.
Elaine Collins is seeking over $1 million in damages for past physical pain, mental anguish, medical expenses, funeral costs, loss of companionship, emotional distress, loss of inheritance, and exemplary damages due to what she describes as wrongful conduct by Houston Memorial Gardens.
Representing Elaine Collins are attorneys Benny Agosto Jr. and Barney P. Dill from Abraham Watkins Nichols Agosto Aziz & Stogner law firm. The case has been assigned Case ID 2024-47457 in Harris County District Court under Judge Taiasha Bradford.