In a gripping legal confrontation, a Houston resident has taken legal action against a local grounds maintenance company following an alleged negligent incident that left him injured. On December 19, 2024, Daniel Kaminsky filed a complaint in the District Court of Harris County, Texas, against Westco Grounds Maintenance. The lawsuit arises from an incident on January 17, 2023, where Kaminsky claims he was struck by a weed eater operated by an employee of Westco Grounds Maintenance while riding his bicycle.
The plaintiff, Daniel Kaminsky, alleges that the negligence of Westco Grounds Maintenance's employee led to his injuries. According to the court documents, Kaminsky was cycling near the intersection of Braeswood and Buffalo Speedway in Houston when he was hit by the weed eater. He accuses the employee of failing to operate the equipment with reasonable care and prudence. Specifically, Kaminsky lists several acts of negligence including improper operation of the weed eater, failure to maintain control over it, and operating it in an unsafe manner. The lawsuit further invokes the legal doctrine of Respondeat Superior, asserting that Westco Grounds Maintenance is liable for its employee's actions as they were performed within the scope of employment.
Kaminsky seeks substantial damages for his physical pain and suffering, mental anguish, medical expenses incurred due to his injuries, diminished earning capacity, physical incapacity and disability resulting from the incident. He argues that these damages have affected him since the date of the incident and will continue to impact him in the future. In addition to compensatory damages exceeding $1 million for past and future losses related to health and income potential deterioration due to disfigurement and impairment caused by this accident.
Represented by attorney Steven E. Norris from Miller Law LLP based in Houston, Kaminsky is demanding a jury trial for his case numbered 2024-88031 before Judge Talitha McCarty at Harris County District Court No. 11. Through this lawsuit, he aims not only for financial compensation but also seeks all costs associated with court proceedings along with pre-judgment interest applicable from when this unfortunate event took place until resolved through trial or settlement.