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SOUTHEAST TEXAS RECORD

Tuesday, October 15, 2024

Harris County Resident Sues Grocery Chain Fiesta Mart Over Slip-and-Fall Negligence

State Court
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A Harris County resident has filed a lawsuit against a major grocery store chain, alleging negligence after suffering serious injuries from a slip and fall incident at one of its locations. Mary K. Knighten filed the complaint in the District Court of Harris County, Texas, on September 26, 2024, naming Fiesta Mart, LLC as the defendant.

The case stems from an incident that occurred on December 19, 2023, when Knighten was shopping at a Fiesta Mart located at 11240 Fondren Rd., Houston, Texas. According to the complaint, Knighten slipped and fell due to water that had been allowed to remain on the floor in an area intended for patrons. The lawsuit claims that the hazardous condition existed long enough for Fiesta Mart to have known about it or that they had actual knowledge of it. As a result of the fall, Knighten sustained severe injuries requiring medical treatment and has since remained disabled.

Knighten asserts that she was an invitee on the property owned and managed by Fiesta Mart and argues that she did nothing to contribute to her fall. She alleges that Fiesta Mart's negligence directly caused her injuries because they failed to maintain safe premises for their customers. The lawsuit highlights several duties owed by Fiesta Mart to Knighten as an invitee: ensuring no unreasonable risk of harm existed on their premises, inspecting for potential hazards, warning customers of any dangers, and making conditions safe.

The plaintiff accuses Fiesta Mart of breaching these duties by allowing water to remain on the floor without addressing it promptly. Furthermore, Knighten invokes the doctrine of Respondeat Superior, holding Fiesta Mart accountable for the actions or inactions of its employees who were responsible for maintaining safety within the store.

Knighten seeks monetary relief under $75,000 for damages including past and future physical pain and suffering, mental anguish, medical expenses incurred due to her injuries, and physical impairment. Additionally, she requests pre-judgment and post-judgment interest as well as coverage for court costs.

Representing Mary K. Knighten is attorney Donald G. DeSimone from DeSimone Law Office based in Houston. The case is filed under Case ID 2024-66170 with Judge Marilyn Burgess presiding over proceedings in Harris County's 127th Judicial District Court.

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