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Customer Alleges Negligence Against Retail Giant After Store Incident

SOUTHEAST TEXAS RECORD

Friday, November 22, 2024

Customer Alleges Negligence Against Retail Giant After Store Incident

State Court
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Dionysia Marie Mottu has filed a lawsuit against Wal-Mart Stores Texas, LLC and Susana Disla, alleging negligence after an incident at a Walmart Supercenter left her with severe injuries. The complaint was filed on October 9, 2024, in the District Court of Harris County, Texas.

The case stems from an incident that occurred on October 26, 2023, when Mottu was shopping at the Walmart Supercenter located at 5655 East Sam Houston Parkway North in Houston. While walking down an aisle, a BBQ grill fell from a high shelf and struck her head and upper body. Mottu claims that this accident resulted in "severe, excruciating, and painful debilitating injuries." The plaintiff asserts that Wal-Mart had a duty to ensure the safety of its premises but failed to exercise ordinary care by not securing merchandise properly or warning customers about potential hazards.

Mottu's lawsuit outlines several allegations against Wal-Mart and its employee Susana Disla. It accuses Wal-Mart of negligence for failing to prevent items from falling off shelves and not adequately training employees to manage store safety. Additionally, the suit holds Disla accountable under the doctrine of respondeat superior since she was acting within her employment scope as a manager during the incident. Mottu alleges that Disla failed to supervise staff effectively or maintain safe conditions on the premises.

The plaintiff is seeking damages exceeding $250,000 but not more than $1 million for past and future physical pain, mental anguish, loss of earning capacity, disfigurement, physical impairment, medical expenses, and other economic losses. She also requests both prejudgment and postjudgment interest along with court costs.

Representing Dionysia Marie Mottu are attorneys Matthew C. Stano and Jason M. Brooks from The Stano Law Firm. The case is presided over by Judge Gerardo Perez in Court 165 under Case ID 2024-70145.

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