Debra McMillan's lawsuit against a major retail corporation highlights a serious slip-and-fall incident that left her with significant injuries. Filed on September 27, 2024, in the District Court of Harris County, Texas, McMillan's complaint accuses Wal-Mart Stores Texas, LLC of negligence after she suffered a fall at one of their locations.
According to the complaint filed by Debra McMillan, the incident occurred on April 28, 2023, at a Wal-Mart store located at 12312 Will Clayton Parkway in Humble, Texas. McMillan was shopping for groceries when she slipped on what she later identified as smushed grapes in the freezer aisle. The fall caused her body to twist violently and resulted in severe injuries that left her unable to stand without assistance from other customers. "At all times material to this incident there were no signs, notices, ropes, cones, placards or any other such indicator to warn Plaintiff or any other invitees of the unsafe condition of the premises," states the petition.
McMillan alleges that Wal-Mart failed in its duty to maintain safe premises for its customers. The lawsuit claims that Wal-Mart’s employees negligently allowed an unsafe condition to persist and did not provide adequate warnings about potential hazards. It is argued that Wal-Mart should have known about the dangerous condition and taken steps to remedy it or warn customers like McMillan. The plaintiff asserts that these failures constitute a breach of ordinary care owed by Wal-Mart to its patrons.
The legal action seeks monetary relief ranging from $250,000 to $1 million for damages including physical pain and mental anguish both past and future, medical expenses incurred and anticipated, physical impairment experienced due to the accident, and exemplary damages intended as punishment for gross negligence. Additionally, McMillan requests pre-judgment interest at the maximum legal rate as part of her compensation.
Representing Debra McMillan are attorneys Roshun Phipps and Erik Garza from Phipps Garza PLLC. The case is presided over by judges in Harris County's 125th Judicial District Court under Case ID 2024-86770.