A Houston resident is suing a popular fast-food chain for negligence after a slip-and-fall incident. Felipe Reyes filed the complaint against Z & H Foods, Inc., doing business as Popeye's #4046, in Harris County District Court on August 16, 2024.
The lawsuit stems from an incident that occurred on September 29, 2023, when Reyes visited Popeye's Louisiana Chicken Store #4046 located at 1300 First Street in Rosenberg, Texas. According to the complaint, Reyes was eating lunch when he slipped on a spilled substance near the drink machine. The fall resulted in significant pain and serious injuries for Reyes. The plaintiff alleges that employees of the restaurant were aware of the spill but failed to address it or warn customers. One employee even admitted to knowing about the hazard but continued taking orders instead of cleaning up the spill.
Reyes claims that Z & H Foods breached their duty of care by failing to maintain a safe environment for their patrons. The complaint lists multiple instances of alleged negligence, including failing to institute precautionary measures, timely fix hazards, and properly inspect and maintain the premises. "Defendant's agents and employees were proximately close to the substance in question for an extended period of time," states the complaint. "They either knew or should have known of the substance on the floor."
The lawsuit also includes claims for premise liability and gross negligence. Reyes argues that as a business invitee, he was owed a higher duty of care which was blatantly disregarded by Popeye's management and staff. He further accuses Z & H Foods of gross negligence, claiming that their actions involved an extreme degree of risk and showed conscious indifference to his safety.
Reyes is seeking compensatory damages for medical expenses incurred and anticipated in the future, physical pain and suffering, mental anguish, physical impairment, loss of earnings, disfigurement, exemplary damages, court costs, and pre-judgment and post-judgment interest.
Representing Felipe Reyes is Rusty Harrison from Attorney Brian White & Associates P.C., while details regarding representation for Z & H Foods are not yet available. The case has been assigned Case ID 2024-53971 and will be heard in Harris County’s 125th District Court.