In a gripping legal battle that underscores the perils of everyday activities, a Texas resident has taken on a well-known car wash company over an incident that allegedly left him injured. Nicholas Castro filed a complaint against BW Southmore, LLC and BWE II, LLC, both doing business as Bluewave Express Car Wash, in Harris County District Court on September 27, 2024.
The case stems from an event on August 31, when Castro was using the services of Bluewave Express Car Wash in Pasadena, Texas. According to the lawsuit, while following all provided instructions and proceeding through the car wash in a "prudent manner," the machinery malfunctioned. This unexpected failure propelled Castro's vehicle forward into another car, resulting in personal injuries. The plaintiff claims these injuries are due to negligence on the part of Bluewave Express Car Wash for failing to maintain safe premises and equipment. Castro asserts that nothing he did contributed to the accident.
Castro's lawsuit is built upon premises liability law, arguing that as an invitee at the car wash facility, he was owed a duty of care by the defendants who occupied and controlled the premises. The suit alleges that Bluewave Express Car Wash failed to properly inspect and maintain their equipment, which posed an unreasonable risk of harm. "Defendants' failure to exercise ordinary care in maintaining the premises directly and proximately caused Plaintiff’s injuries," reads one part of the petition.
In terms of relief sought from this legal action, Castro is asking for actual and special damages amounting to less than $250,000 but specifically capping his demand at $74,999.99. He also seeks compensation for medical expenses incurred and anticipated future costs related to his injuries. Additionally, Castro requests pre-judgment interest from thirty days after sums are due until judgment is rendered and post-judgment interest until payment is complete.
Representing Nicholas Castro are attorneys David K. Mestemaker and Jonathan B. Zumwalt from Mestemaker & Straub Law Firm based in Houston. The case has been assigned Case ID 2024-66865 in Harris County's 157th Judicial District Court.