A Spring, Texas resident has filed a lawsuit against a major grocery chain and an unidentified employee, alleging negligence that resulted in significant injuries. Lakeisha Charles filed the complaint in Harris County District Court on August 7, 2024, targeting H-E-B, LP and an unnamed male employee referred to as John Doe.
According to the court documents, Charles entered an H-E-B store located at 5251 FM 29968 in Spring, Harris County on September 17, 2022. While shopping in the meat section of the store, she reached for a plastic bag from an overhead roll. The lawsuit claims that due to improper replacement by John Doe, the approximately 20-pound roll of plastic bags fell and struck her on the right side of her head. "As a result of Defendant’s negligence," Charles states in her petition, "Plaintiff sustained injuries and damages." She further elaborates that she suffered significant pain in her head and neck which impaired her daily activities and caused trouble sleeping.
Charles asserts that John Doe had a legal duty to exercise ordinary care to protect invitees from known dangers on the premises but breached this duty. She also alleges that H-E-B is vicariously liable under the doctrine of respondeat superior for the negligent actions of its employee. The plaintiff contends that H-E-B failed to properly train its staff on handling heavy equipment like the overhead roll of plastic bags, thereby creating an unreasonable risk of harm.
The lawsuit details multiple causes of action including negligence and premises liability. Charles argues that both defendants had actual or constructive knowledge of the dangerous condition posed by the overhead roll but failed to mitigate this risk. "Defendant H-E-B knew the overhead roll posed a dangerous condition with an unreasonable risk of harm," reads one part of the petition.
In terms of relief sought, Charles is asking for monetary compensation between $250,000 and $1 million for past and future medical expenses, pain and suffering, physical impairment, mental anguish, disability, and disfigurement. Additionally, she seeks pre-judgment and post-judgment interest as allowed by law.
Representing Lakeisha Charles are attorneys Rodney R. Jones and Candice D. Idlebird from Rodney Jones Law Group P.C., based in Houston. The case has been assigned Case ID 2024-50644 in Harris County District Court under Judge Kerrylone Asbery.