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SOUTHEAST TEXAS RECORD

Thursday, October 17, 2024

Plaintiff Alleges Grocery Store Negligence After Falling Object Causes Injury

State Court
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A recent court filing reveals a dramatic incident at a popular grocery store, resulting in serious injuries to a customer. The complaint was filed by Jose Valdez in the District Court of Harris County, Texas, on October 3, 2024, against H.E.B., LP doing business as Mi Tienda. Valdez alleges negligence on the part of the defendant that led to his injuries.

According to the lawsuit, Jose Valdez was shopping at Mi Tienda located at 3800 Little York Rd., Houston, Texas, on January 12, 2023. During his visit to the seafood section of the store, a wooden 2x4 unexpectedly fell and struck him on the head and shoulder. This incident caused significant injuries that required immediate medical attention and ongoing treatment. Valdez claims that H.E.B., LP either directly caused or failed to prevent this dangerous situation from occurring. The plaintiff's petition states that "Defendant’s failure to make sure the wooden 2x4 did not fall onto Plaintiff amounts to negligence which caused Plaintiff to sustain serious bodily injury."

Valdez accuses H.E.B., LP of failing in their duty as occupiers of the premises by not ensuring a safe environment for customers. He asserts that they should have been aware of any hazardous conditions and taken steps to rectify them or warn patrons like himself. The lawsuit details several alleged failures by H.E.B., including inadequate training and supervision of employees regarding safety protocols and maintaining safe premises. Valdez's legal team argues that these oversights constitute negligence under Texas law.

The plaintiff is seeking substantial compensation for his suffering. He requests monetary relief exceeding $1 million for damages such as physical pain, mental anguish, medical expenses both past and future, lost wages, loss of earning capacity, and punitive damages determined by a jury. Additionally, he seeks pre-judgment and post-judgment interest along with court costs.

Representing Jose Valdez is attorney James D Burkhalter from Smith & Hassler law firm based in Houston. The case has been assigned Case ID 2024-68285 with Judge Christopher Matthews presiding over proceedings.

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