A shocking incident at a retail store has led to a lawsuit that could set significant precedents in premises liability and negligence law. On August 23, 2024, Fancy Ego Eze, also known as Ego Fancy Enemuwe, filed a complaint in the District Court of Harris County, Texas against Ross Stores, Inc. and Ross Dress for Less, Inc., seeking justice for injuries sustained due to alleged negligence.
According to the court documents, the plaintiff was an invitee at a Ross Dress for Less store located at 20618 Interstate 45 N, Spring, TX on August 25, 2022. While paying for merchandise at the checkout counter, a clear plastic sneeze guard fell on her leg after being knocked over by a cashier. The sneeze guard was not fastened securely to the counter and posed an unreasonable risk to customers. The plaintiff asserts that there were no warning signs or indications of this hazard in the area. "Defendants knew or should have known of the unreasonably dangerous condition and neither corrected nor warned Plaintiff of it," states the petition.
The plaintiff's case hinges on several accusations of negligence against Ross Stores and its subsidiary. These include failure to maintain safe premises, inadequate inspection of hazardous conditions, insufficient training for employees on handling sneeze guards during customer interactions, and lack of proper warnings about potential dangers. Furthermore, the lawsuit claims that Ross Stores failed to implement policies that could have prevented such incidents and did not properly secure the sneeze guard or supervise their employees effectively.
In addition to these direct allegations of negligence, the plaintiff argues that Ross Stores is vicariously liable under the doctrine of respondeat superior for the actions of its employees. The cashier who caused the accident was acting within their employment scope when they knocked over the sneeze guard. This connection makes Ross Stores responsible for any resulting harm.
Fancy Ego Eze is seeking monetary relief amounting to less than $75,000 for past and future medical expenses, pain and suffering, mental anguish, physical impairment, and disfigurement. Additionally, she requests pre-judgment and post-judgment interest along with all other relief deemed just by the court.
Representing Fancy Ego Eze is Todd Elias from Gordon & Elias LLP. The case has been assigned Case ID 2024-56089 and will be presided over by Judge Christopher Matthews in Harris County's 334th District Court.