In a gripping legal battle unfolding in Harris County, Texas, a woman has taken on a major retail chain, accusing it of negligence that led to her severe injuries. On December 11, 2024, Rita Montgomery filed a lawsuit against Family Dollar Stores of Texas, L.P., in the District Court of Harris County. The case centers around an incident that occurred at one of the defendant's Houston locations.
According to the petition filed by Montgomery, the incident took place on June 6, 2023, when she was shopping at Family Dollar Store #11606 located at 45 Boulevard in Houston. As she navigated through the store aisles, Montgomery alleges she tripped over a negligently placed store crate and fell onto her right side. This fall resulted in serious injuries for which she sought medical attention. Montgomery claims that the placement of the crate created an unreasonable hazard that directly caused her accident and subsequent injuries.
Montgomery's complaint accuses Family Dollar Stores of failing to exercise ordinary care to reduce or eliminate risks they knew or should have known about. She asserts that as an invitee on their premises, the company had a duty to ensure her safety but failed to do so. The lawsuit further contends that employees' actions were negligent and contributed significantly to her fall. The legal filing states: "The placement of the crate posed an unreasonable risk of harm to patrons like Plaintiff."
In addition to premise liability claims, Montgomery's lawsuit includes allegations under vicarious liability principles such as respondeat superior and agency theory. She argues that Family Dollar is responsible for its employees' conduct during their employment and thus liable for her injuries due to their negligence.
Montgomery seeks monetary relief not exceeding $250,000 for damages incurred from this incident. Her claim includes compensation for past and future medical expenses, physical pain and suffering, mental anguish, impairment costs related to the injury sustained during this unfortunate event at Family Dollar Store #11606.
Representing Rita Montgomery are attorneys Andrew Dao and Peyton Chesser from Daly & Black P.C., based in Houston. The case is presided over by Judge Nelson Cuero in Harris County's 55th Judicial District Court under Case ID 2024-8621.