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Plaintiff Alleges Negligence Against Food Truck Operator Following Injury Incident

SOUTHEAST TEXAS RECORD

Sunday, January 5, 2025

Plaintiff Alleges Negligence Against Food Truck Operator Following Injury Incident

State Court
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District Courts of Harris County | Official website

A food truck incident has led to a legal battle in Harris County, Texas, where a plaintiff claims negligence caused her serious injury. Linda Echeverria filed the complaint on December 19, 2024, against Edilberto Palma, doing business as Palma’s Katrachitas and associated entities. The case has been brought before the District Court of Harris County.

According to the petition filed by Echeverria, the incident occurred on January 24, 2023, when she was visiting one of Palma's food truck locations in Houston. Echeverria alleges that while she was an invitee at the premises, she was struck on the head by a window that had not been properly secured. The lawsuit accuses Palma of failing to ensure the safety of patrons by neglecting to secure equipment and creating an environment with unreasonable risks. "The Defendant failed to make the food truck safe for patrons," states Echeverria in her complaint.

Echeverria argues that this negligence resulted in significant physical injuries and mental anguish. She claims that Palma either knew or should have known about the unsafe condition but did nothing to rectify it or warn visitors like herself. As a result of this alleged negligence, Echeverria is seeking damages for physical pain and suffering both past and future, lost wages and loss of earning capacity, disfigurement, impairment, medical expenses, and exemplary damages.

The plaintiff is demanding monetary relief ranging from $230,000 to no more than $1 million. Additionally, she seeks pre-judgment interest at the maximum legal rate and requests that upon final trial judgment be rendered against Palma for compensatory damages along with costs of suit and attorney's fees.

Representing Linda Echeverria is attorney Kraig L. Rushing from Houston-based law firm Krushing Law. The case is presided over by Judge Pattiia Jones in court number 270 under Case ID 2024-88085.

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