A Harris County resident has taken legal action against a well-known retail giant, alleging negligence after a shopping trip turned into a nightmare. On December 6, 2024, Mustaphis Shonibare filed a complaint in the District Court of Harris County, Texas, accusing Sam’s East Inc., doing business as Sam’s Club #4764, of failing to maintain a safe environment for its customers.
The incident that led to this lawsuit occurred on April 14, 2023, when Shonibare was visiting the Sam’s Club located at 20424 Katy Freeway in Katy, Texas. According to the complaint, Shonibare was struck by a heavy cart pushed by an employee of the store. This unexpected event resulted in serious bodily injuries for which Shonibare is seeking compensation. The plaintiff claims that Sam's Club knew or should have known about the dangerous condition created by the heavy cart and failed to take necessary precautions to prevent such incidents.
Shonibare's lawsuit outlines several allegations against Sam’s Club under multiple counts including negligence and gross negligence. The complaint asserts that Sam’s Club breached its duty of care by not inspecting or making safe any hazardous conditions on their premises and failing to warn customers like Shonibare about potential dangers. The suit also accuses the defendant of vicarious liability for the actions of its employees who were acting within their employment scope during the incident.
Furthermore, Shonibare argues that Sam’s Club exhibited gross negligence by showing conscious indifference to customer safety despite being aware of the risks involved with not addressing hazardous conditions. The plaintiff seeks monetary relief ranging from $250,000 to $1 million for damages including medical expenses, physical pain and suffering, mental anguish, and exemplary damages due to what he perceives as egregious conduct by the defendant.
Representing Mustaphis Shonibare are attorneys Norman Straub, Jonathan B. Zumwalt, and David W. Mestemaker from Mestemaker & Straub law firm based in Houston. The case has been assigned Case ID 2024-85396 and will be heard in front of judges at the 269th Judicial District Court in Harris County.