Carolyn McGowan has filed a lawsuit alleging negligence and premises liability against a major grocery chain and two individuals, following an incident that left her injured. The complaint was filed by McGowan on January 16, 2025, in the District Court of Harris County, Texas, naming Kroger Texas L.P., Greg Nungesser, and Korene Parker as defendants.
The case stems from an incident on February 2, 2023, when McGowan visited Kroger Store Number 319 in La Porte, Texas. As she exited the store with her shopping cart, she was struck by a vehicle driven by Korene Parker in the parking lot. According to the complaint, Parker was speeding through the parking lot in her Ford Edge SUV without regard for pedestrians' safety. The impact allegedly caused McGowan to fall onto the asphalt and sustain injuries that required ongoing medical treatment. "Defendants have failed and refused to pay her medical bills," states the complaint.
McGowan accuses Parker of negligence for driving too fast and not paying attention to her surroundings. She further claims that Kroger Texas L.P. and its branch manager Greg Nungesser were negligent in maintaining a safe environment for customers. The lawsuit points out deficiencies such as lack of speed bumps, stop signs, crosswalks, or painted caution signs in the parking lot that contributed to making it unreasonably dangerous for pedestrians like McGowan.
In addition to negligence claims against Parker for her driving conduct, McGowan alleges premises liability against both Nungesser and Kroger Texas L.P., asserting they failed to ensure a safe environment for invitees on their property. She contends that Nungesser had control over the premises but neglected his duty to keep it safe or warn of potential dangers. Similarly, she argues that Kroger Texas L.P., as the owner of the property, breached its duty by not implementing necessary safety measures.
McGowan seeks monetary relief exceeding $100,000 for damages including past and future medical expenses, physical pain and suffering, mental anguish, physical impairment, and disfigurement resulting from the incident. Her attorney Nicola Drake from Drake Law Firm is representing her in this legal battle.
The case is being overseen by Judge Marilyn Burgess at Harris County's 129th Judicial District Court under Case ID 2025-03449.