A serious accident at a well-known home improvement store has led to a lawsuit that raises questions about safety practices and employee conduct. On January 3, 2025, Mario Ontiveros and Justin Ontiveros filed a complaint in the District Court of Harris County, Texas against Lowe’s Home Centers, LLC and its employee Zo Blasingame. The plaintiffs allege negligence on the part of the defendants following an incident at a Lowe's store in Houston.
The case centers around an event that occurred on January 4, 2023, when Mario Ontiveros was struck by falling metal advertising signs while visiting a Lowe's store with his son, Justin. According to the complaint, Mr. Ontiveros was waiting near the entrance as his son shopped for lighting fixtures when he was hit by the signs that fell from a cart being pushed by a Lowe's manager. The plaintiffs claim that the manager failed to secure the signs properly and moved them hastily without regard for customer safety. As a result of this alleged negligence, Mr. Ontiveros suffered significant injuries including a severe head gash and arm lacerations.
Mario Ontiveros, who is disabled due to prior medical conditions including reflex sympathetic dystrophy syndrome and other health issues, was particularly vulnerable to injury. His condition limits his mobility and ability to engage in physical activities, making him dependent on careful management of his environment to avoid further health complications. The incident not only caused physical harm but also exacerbated his existing health concerns.
The lawsuit accuses Lowe’s of failing to adhere to its own safety policies and procedures which are emphasized in their mission statements such as "SAFETY UNITES US" and "SAFETY IS MORE THAN A PRIORITY—IT’S A VALUE WE’VE ALWAYS HAD." The plaintiffs argue that these statements were contradicted by the actions of their employee on the day of the incident.
In their legal filing, Mario and Justin Ontiveros seek unliquidated damages within the jurisdictional limits of the court but specify they are seeking less than $250,000 in monetary damages. They request compensation for medical expenses incurred due to the accident, pain and suffering endured by Mr. Ontiveros, lost wages, future medical costs, as well as emotional distress experienced by Justin Ontiveros who witnessed his father's injury.
Represented by attorney Fredreck S. “Field” Hudgens from The Hudgens Law Firm P.C., based in Houston, Texas, the plaintiffs have demanded a jury trial for their case (Case ID: 2025-00488). The petition outlines various forms of relief sought including actual damages for emotional distress and statutory damages along with pre-judgment and post-judgment interest.
This legal battle underscores critical issues surrounding workplace safety standards and accountability within large retail environments where customer interactions with staff can lead to unforeseen accidents.