In a recent legal filing, a Texas resident has taken action against a home health care provider following an incident that allegedly resulted in personal injury. Hercilia Davis filed the complaint on December 20, 2024, in the District Court of Harris County, Texas, naming A+ Abundant Care Home Health, LLC, doing business as All Seasons Home Health and Palliative Care, as the defendant.
The case revolves around an incident that occurred on February 27, 2024. According to the petition filed by Davis, she was walking near the parking lot of All Seasons Hospice located at 15420 Nacogdoches Road when she slipped and fell. At the time of the accident, Davis claims she was lawfully on the premises with permission from the defendant and thus held invitee status. The lawsuit alleges that A+ Abundant Care Home Health failed to maintain safe conditions on their property and neglected to warn visitors about potential hazards. "Defendant's agents, servants and employees invited people to cross a necessary path which created a dangerous condition," reads part of the petition.
Davis is pursuing damages based on allegations of negligence against A+ Abundant Care Home Health. She accuses them of failing to properly warn her and others about dangerous conditions, neglecting to discover these dangers in advance, and not having adequate safety measures or personnel in place to prevent such incidents. Furthermore, Davis asserts that these failures were directly responsible for her injuries. As stated in her petition: "Each of the foregoing negligent acts or omissions by Defendant’s agents...was a proximate cause of the injuries and damages sustained by Plaintiff."
In terms of relief sought from the court, Davis is asking for monetary compensation exceeding $250,000 for various damages including medical expenses—both past and anticipated future costs—physical pain and suffering, mental anguish, and loss of earning capacity. She also seeks pre-judgment interest from the date of her fall until judgment is rendered, post-judgment interest at maximum legal rates thereafter, court costs reimbursement, and any other relief deemed appropriate by law or equity.
Representing Hercilia Davis are attorneys Pablo Rivera and Klaryx Martinez from Rivera Hernandez Campos PLLC based in San Antonio. The case has been assigned Case ID 2024-88351 under Judge Wanda Chambers in Harris County's 269th District Court.