A Texas woman has filed a lawsuit against a popular fast-food chain, alleging negligence that led to severe personal injuries. Ernestine Holloway lodged the complaint in Harris County District Court on August 21, 2024, targeting Whataburger Restaurants, LLC.
According to the court documents, Holloway claims she suffered significant injuries due to unsafe conditions at a Whataburger location in Webster, Texas. The incident occurred on July 11, 2023, when Holloway tripped over a wire protruding from a trash can lid while exiting the restaurant. "There were no warning signs present or any other signs of caution near the area where the incident occurred," the petition states. Holloway asserts that as an invitee of the restaurant, she was unaware of the hazardous condition and could not have reasonably expected to discover it.
Holloway's legal team argues that Whataburger failed in its duty as both occupier and owner of the premises. They allege that the company either created or neglected to rectify the dangerous condition and did not provide adequate warnings about it. "Defendant knew or should have known of the unreasonably dangerous condition and neither corrected nor warned Plaintiff," reads one part of the filing. The lawsuit accuses Whataburger of several counts of negligence including failure to maintain safe premises, failure to inspect and correct dangerous conditions, and failure to inform patrons like Holloway about such risks.
The plaintiff is seeking monetary relief amounting to $250,000 for past and future medical expenses, pain and suffering, mental anguish, physical impairment and disfigurement, lost wages, and loss of earning capacity. Additionally, she requests pre-judgment and post-judgment interest along with all court costs.
Representing Ernestine Holloway is Stacy M. Trujillo from Daspit Law Firm PLLC. The case has been assigned Case ID 2024-55108 in Harris County’s 61st Judicial District Court under Judge Marilyn Burgess.