A lawsuit has been filed against a flooring company and an unnamed individual following a serious injury incident involving a forklift accident. On December 27, 2024, Jose Escobedo Hernandez filed a complaint in the District Court of Harris County, Texas, against ABK Trading Corp doing business as Maxwell Flooring and John Doe.
The case stems from an incident on July 5, 2024, when Hernandez was injured while at the defendant's store. According to the complaint, an employee of Maxwell Flooring, referred to as John Doe, was operating a forklift improperly while loading cabinet boxes onto Hernandez's truck. The improper weight distribution caused the forklift to overturn and strike Hernandez, resulting in bodily injuries. The plaintiff alleges that the negligence of both the company and its employee led to his injuries. Specifically, it is claimed that John Doe failed to control the forklift properly and did not safely load or unload it. Furthermore, there was no warning given to Hernandez about potential dangers.
Hernandez argues that ABK Trading Corp is liable for their employee's actions under the legal doctrine of respondeat superior because John Doe was acting within his employment scope during the incident. Additionally, Hernandez accuses ABK Trading Corp of failing in several areas: they allegedly did not provide adequate training or enforce safety protocols for their employees concerning forklift operations. This includes neglecting to offer necessary training on vehicle safety and proper loading techniques. As a result of these alleged failures, Hernandez suffered severe injuries leading him to seek monetary relief exceeding $250,000 but less than $1 million.
In terms of legal redress, Hernandez is seeking compensation for past and future medical expenses, physical pain and suffering, mental anguish, physical impairment and disfigurement, and loss of earning capacity due to his injuries. He has also requested a jury trial for this case.
Representing Jose Escobedo Hernandez are attorneys Sarah Y-Nhi Huynh, Pavel "Paul" Savinov, Michael Alvarez, and Jay M. Taylor from Huynh Law PLLC based in Houston. The case is filed under Case ID 2024-89276 in the 165th Judicial District Court of Harris County.