A shopper's routine visit to a local grocery store turned into a nightmare, resulting in a lawsuit that could cost the defendants up to $1 million. On September 10, 2024, Leivy Chevez Portillo filed a complaint in the District Court of Harris County, Texas against Fiesta Mart, L.L.C., its d/b/a entity Fiesta Mart, and Chedraui USA, Inc.
The case revolves around an incident that occurred on September 30, 2022. According to the court documents, Portillo was shopping at Fiesta Mart store #7 located at 6200 Bellaire Blvd., Houston, Texas when she slipped and fell due to a substance believed to be shampoo left on the floor. The plaintiff claims there were no warning signs to alert her of the hazardous condition. As a result of this fall, Portillo sustained severe injuries. The complaint alleges that the defendants had control over the property and failed in their duty to maintain it safely for customers.
Portillo’s lawsuit asserts that as a business invitee, she was owed a duty by Fiesta Mart and Chedraui USA to inspect and maintain their premises in a reasonably safe manner. "Defendants also had a duty to warn Plaintiff of any dangerous condition they knew or should have known of," states the filing. The failure of Fiesta Mart and Chedraui USA to either remedy the situation or provide adequate warnings is cited as the proximate cause of Portillo's injuries.
The plaintiff further contends that the presence of shampoo on the floor posed an unreasonable risk of harm that was foreseeable by the defendants. It is alleged that employees or agents of Fiesta Mart were either aware or should have been aware of this dangerous condition but failed to take appropriate action. This negligence has led Portillo to seek unliquidated damages within the jurisdictional limits of Harris County District Court.
In addition to premises liability claims, Portillo also brings forth allegations of negligent activity against Fiesta Mart and Chedraui USA. She argues that her injuries were caused in whole or part by their negligence in failing to use ordinary care in protecting customers from such hazards. "Defendants' breach of duty proximately caused injury to Plaintiff," reads another section of the filing.
Portillo is seeking monetary relief exceeding $200,000 but not more than $1 million for various damages including physical pain, mental anguish, medical expenses (past and future), physical impairment, disfigurement, lost wages, and loss of earning capacity. She emphasizes that these figures are subject to change based on further developments before trial.
Representing Leivy Chevez Portillo are attorneys Corey Gomel and John Major Spalding from Gomel & Associates P.C., based in Houston. The case has been assigned Case ID 2024-61077 with Judge Talitha McCarty presiding over it in Harris County's 165th Civil District Court.