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SOUTHEAST TEXAS RECORD

Monday, November 4, 2024

Fallon Miles Accuses Grocery Chain Fiesta Mart of Negligence Following Slip-and-Fall Incident

State Court
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Fallon Miles has filed a lawsuit against Fiesta Mart, LLC, claiming negligence after sustaining serious injuries from a slip and fall incident at one of the grocery chain's locations. The complaint was filed on October 10, 2024, in the District Court of Harris County, Texas. Miles alleges that Fiesta Mart failed to maintain safe premises for its customers.

According to the details outlined in the petition, Fallon Miles was shopping at the Fiesta Mart located at 12355 S. Main Street in Houston, Texas, on September 15, 2023. While walking near the produce section, she slipped on what appeared to be a vegetable or fruit left unattended on the floor. This incident resulted in significant injuries requiring medical attention and left her disabled. Miles contends that the dangerous condition had existed long enough for Fiesta Mart to have known about it or that they had actual knowledge of it and failed to act.

The plaintiff argues that as an invitee on the property owned and managed by Fiesta Mart, she was owed a duty of care by the defendant. This duty included ensuring that the premises were safe for patrons by conducting regular inspections and providing warnings of potential hazards. The lawsuit accuses Fiesta Mart of breaching this duty by allowing a hazardous condition to persist without warning or remedy.

Miles is seeking monetary relief amounting to less than $250,000 for damages including past and future physical pain and suffering, mental anguish, medical expenses, and physical impairment. She also requests pre-judgment and post-judgment interest as well as court costs. The petition emphasizes that any negligence leading to her injuries lies solely with Fiesta Mart and its employees under the doctrine of Respondeat Superior.

Representing Fallon Miles is attorney Donald G. DeSimone from DeSimone Law Office based in Houston, Texas. The case is being heard in Harris County District Court under Case ID 2024-7041 with Judge Marilyn Burgess presiding.

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