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Plaintiff alleges retail giant's negligence led to injury

SOUTHEAST TEXAS RECORD

Saturday, November 23, 2024

Plaintiff alleges retail giant's negligence led to injury

State Court
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A Louisiana resident has filed a lawsuit against a major retail corporation, alleging negligence and seeking substantial damages. On October 3, 2024, Oziel Casanova filed a complaint in the District Court of Harris County, Texas, accusing Walmart, Inc., and an unknown employee referred to as Jane Doe of negligence leading to personal injury.

The case stems from an incident on November 5, 2022, at a Walmart Supercenter located at 13484 Northwest Freeway in Houston, Texas. According to the complaint, Casanova was shopping when boxes fell onto him due to the actions of an unidentified Walmart employee. The plaintiff asserts that there were no warning signs or barriers such as caution tape to alert customers about potential hazards in the aisle. As a result of this incident, Casanova claims he sustained injuries after his feet became entangled in cellophane wrap on the floor.

Casanova's legal team argues that Walmart failed in its duty of care by not maintaining safe premises for its customers. The complaint outlines several points of alleged negligence: failure to warn about the risk of falling boxes, failure to block off dangerous areas adequately, and failure to train employees properly on safety protocols. The plaintiff contends that these oversights directly contributed to his injuries and are grounds for holding Walmart accountable under premises liability law.

In addition to seeking over $1 million in damages for medical expenses—both past and future—Casanova is also pursuing compensation for physical pain and suffering, loss of earnings capacity, mental anguish, and other related losses. The petition emphasizes that these damages are necessary due to the serious bodily harm suffered by Casanova as a direct result of Walmart's purported negligence.

Representing Oziel Casanova is attorney James D. Burkhalter from Smith & Hassler law firm based in Houston. The case is presided over by the judge assigned to the 61st Judicial District Court under Case ID 2024-68265.

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