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SOUTHEAST TEXAS RECORD

Monday, November 4, 2024

Customer Alleges Negligence Against Retail Giant Over Store Injury

State Court
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A woman has filed a lawsuit against a major retail corporation following an incident that resulted in personal injuries at one of its store locations. Kimberly Madaras lodged her complaint against Wal-Mart Stores Texas, LLC in the District Court of Harris County, Texas on October 4, 2024. The case stems from an unfortunate event where Madaras was injured by automatic doors at a Wal-Mart store.

The plaintiff, Kimberly Madaras, claims that on May 20, 2024, she visited the Wal-Mart located at 2700 S. Kirkwood Road in Houston to pick up her husband's medication when the automatic doors malfunctioned and closed on her. This incident allegedly caused injuries to her arm, knee, and back. According to the petition filed with the court, Madaras asserts that she was an invitee at the time of the accident and that Wal-Mart had a duty to ensure her safety while on their premises.

Madaras accuses Wal-Mart of negligence for failing to maintain safe conditions within their store. The lawsuit alleges that Wal-Mart either created or failed to correct this hazardous condition and did not provide any warning about it. The plaintiff argues that Wal-Mart's negligence was a proximate cause of her injuries. She states in her filing: "Defendant knew or should have known of the unreasonably dangerous condition and neither corrected nor warned Plaintiff of it." Furthermore, Madaras emphasizes that she had no prior knowledge of the danger posed by the automatic doors and could not have reasonably been expected to discover it herself.

The lawsuit outlines several points of alleged negligence on Wal-Mart's part: failure to maintain safe premises, failure to inspect areas where dangerous conditions existed, failure to take reasonable measures to correct such conditions or warn customers like Madaras about them. These failures are claimed under theories of premises liability and negligence.

Kimberly Madaras is seeking monetary relief exceeding $250,000 but not more than $1 million for damages including medical expenses (both past and future), pain and suffering (past and future), physical impairment (past and future), disfigurement (past and future), as well as lost wages and loss of earning capacity due to her injuries. She also seeks pre-judgment interest along with post-judgment interest if applicable.

Representing Kimberly Madaras is attorney Michael Grinsfelder from Daspit Law Firm based in Houston. The case is being presided over by Judge Taiasha Bradford under Case ID 2024-68905 in Harris County's 129th District Court.

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