A Harris County resident has taken legal action against a major convenience store chain following a slip-and-fall incident that left her seriously injured. Diana Francine Gomez filed a complaint in the District Court of Harris County, Texas, on December 12, 2024, accusing Circle K Stores, Inc. of negligence and seeking damages for her injuries.
According to the lawsuit, Gomez was an invitee at the Circle K location on West Bellfort Boulevard in Houston on January 15, 2023, when she slipped and fell on a liquid substance inside the store. The plaintiff alleges that Circle K Stores failed to warn her of the dangerous condition or take necessary actions to rectify it. As a result of this alleged negligence, Gomez claims she suffered significant injuries.
The complaint further details how Circle K Stores' actions constituted both negligence and gross negligence by creating an unsafe environment that posed an unreasonable risk to customers. "The Defendant knew or should have known of this unsafe condition," the petition states, emphasizing that Circle K did not take adequate steps to either remedy the situation or alert patrons like Gomez about the potential hazard.
Gomez is seeking monetary relief ranging from $250,000 to $1 million for various damages resulting from the incident. These include compensation for physical pain and mental anguish experienced both in the past and anticipated in the future. Additionally, she is pursuing damages for lost wages and diminished earning capacity moving forward. The suit also lists physical disfigurement and impairment as areas warranting compensation due to their impact on her quality of life.
Moreover, Gomez's legal team argues for exemplary damages given what they describe as gross negligence on behalf of Circle K Stores. They contend that such punitive measures are justified under Texas law to deter similar conduct by businesses in maintaining safe premises for their customers.
Represented by attorney Kraig L. Rushing from Houston-based law firm Rushing Law Firm PLLC., Gomez seeks not only compensatory damages but also pre-judgment interest at the maximum legal rate allowable under state statutes. The petition concludes with a request for all other forms of relief deemed appropriate by the court.
This case will be presided over by Judge Christopher Matthews in Harris County's 61st Judicial District Court under Case ID 2024-86383.