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SOUTHEAST TEXAS RECORD

Thursday, November 14, 2024

Plaintiff alleges negligence against Popeyes Louisiana Kitchen over hazardous conditions

State Court
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Darlene Senegal has filed a lawsuit against Popeyes Louisiana Kitchen, Inc. and Utica National Insurance Company of Texas, alleging negligence that resulted in serious injuries. The complaint was filed on November 1, 2024, in the District Court of Harris County, Texas. Senegal claims that she suffered significant bodily harm due to hazardous conditions at a Popeyes location.

The incident occurred on November 30, 2022, at a Popeyes restaurant located at 10770 Harwin Dr., Houston, Texas. According to the plaintiff's petition, Senegal tripped over electrical cables and wires that were carelessly placed across the floor by the defendants to power Christmas decorations in the dining area. These cables were not secured properly and posed a trip hazard for customers like Senegal. The plaintiff argues that the defendants and their employees negligently created this dangerous condition and failed to provide adequate warnings or take corrective measures.

Senegal asserts that the defendants breached their duty of care by not addressing the unsafe condition despite being aware or should have been aware of its existence and potential to cause injury. As a result of this negligence, Senegal claims she has endured severe physical pain, impairment, disfigurement, and incurred substantial medical expenses. The damages sought by Senegal include compensation for past and future medical care costs, loss of earnings/wages, and other related expenses.

In addition to seeking damages for her injuries, Senegal also accuses Utica National Insurance Company of Texas of failing to respond appropriately to her medical payment demand under an insurance policy she was intended to benefit from. She seeks recovery of the medical payment tender along with attorney’s fees as provided under Article 21 of the Texas Insurance Code.

The lawsuit requests judgment against both defendants for an amount exceeding $330,000—reflecting actual damages adjudicated earlier in May 2024—and any additional relief deemed appropriate by the court. Darlene Senegal is represented by attorney Adam P. Criaco from Criaco & Samperi law firm. The case is being heard in Harris County's 157th Judicial District Court under Case ID: 2024-76524.

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