Maria Salazar Hernandez has filed a lawsuit against Gutierrez Restaurants, LLC, operating as McDonald's, following an alleged incident involving personal injury at one of their establishments. The complaint was lodged on January 3, 2025, in the District Court of Harris County, Texas. The plaintiff claims that negligence on the part of the defendant led to her injuries.
According to the details outlined in the case, Maria Salazar Hernandez was a customer at a McDonald's restaurant operated by Gutierrez Restaurants on May 1, 2023. During her visit, she ordered a frappe which allegedly contained plastic pieces unbeknownst to her. Upon consuming the drink, Hernandez ingested these plastic fragments and subsequently suffered bodily harm. The lawsuit asserts that this incident resulted from negligence by Gutierrez Restaurants in failing to ensure that their beverages were safe for consumption. Specifically, the plaintiff accuses the defendant of not preparing drinks safely and negligently allowing foreign objects to remain in consumables.
Hernandez's legal filing seeks monetary compensation for damages ranging from $250,000 to $1 million. This sum is intended to cover various costs including past and future medical expenses, pain and suffering endured both physically and mentally, physical impairment and disfigurement incurred as a result of the incident, as well as lost wages and diminished earning capacity due to her injuries. Furthermore, she is seeking recompense for property damage related to loss-of-use and repair costs stemming from this event.
The petition emphasizes that Gutierrez Restaurants breached its duty of care by not exercising reasonable caution in food preparation processes—a lapse deemed negligent under Texas common law. As such actions directly contributed to Hernandez's injuries, she argues that they are liable for compensatory damages within the jurisdictional limits set by Texas courts.
Representing Maria Salazar 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 2025-00349 with Judge Gerardo Perez presiding over proceedings in Court 129.