A Texas worker has filed a lawsuit against his employer after suffering severe injuries on the job. Eduardo Ezequiel Flores Garcia filed the complaint in Harris County District Court on August 22, 2024, naming Labatt Food Service as the defendant.
The case revolves around an incident that occurred on November 13, 2023. Garcia was working under the direction and supervision of Labatt Food Service employees when several heavy boxes fell onto his back, causing severe injuries. The plaintiff alleges that Labatt Food Service is a non-subscriber to workers' compensation insurance under Texas law, which allows him to pursue common-law defenses against the company. Garcia claims that his injuries were a direct result of the negligence of Labatt Food Service and its employees, who failed to exercise reasonable care to avoid foreseeable risks.
Garcia's petition details how he believes Labatt Food Service breached its duty of care. "Defendant owed Plaintiff a duty to exercise reasonable care to avoid a foreseeable risk of injury," states the petition. It goes on to accuse Labatt Food Service of multiple acts of negligence, both by omission and commission, which collectively contributed to Garcia's injuries. The lawsuit also invokes the legal doctrine of Respondeat Superior, holding Labatt Food Service vicariously liable for the actions of its employees and agents who were acting within their scope of employment at the time of the incident.
In terms of relief sought, Garcia is asking for monetary damages exceeding $250,000 but not more than $1,000,000. He is seeking compensation for past and future medical expenses, pain and suffering, physical impairment, disfigurement, loss of earning capacity, mental anguish, loss of household services, property damage, consequential and incidental damages, and other economic losses. Additionally, Garcia requests prejudgment and post-judgment interest at the maximum rate allowed by law and coverage for court costs.
The attorneys representing Eduardo Ezequiel Flores Garcia are Juan A. Solis (Texas Bar No. 24103040), Gregory J. Finney (Texas Bar No. 24044430), and Austen T. Gunnels (Texas Bar No. 24107591) from the Law Offices of Manuel Solis PC in Houston. The case has been assigned Case ID 2024-55872 in Harris County District Court under Judge Christopher Matthews.