Tristan T. Martin has filed a lawsuit against A3H Foods, LP, alleging negligence after suffering injuries from a slip and fall incident at one of the company's restaurant locations. The complaint was lodged in the District Court of Harris County, Texas, on January 23, 2025. Martin is seeking compensation for damages exceeding $250,000 but less than $1,000,000.
According to the petition, the incident occurred on February 26, 2024, when Martin was visiting a Jack in the Box restaurant managed by A3H Foods in Tomball, Texas. While using the restroom facilities, Martin slipped on what he claims was water that had been left unattended on the floor for an extended period. The plaintiff argues that this hazardous condition was known or should have been known by A3H Foods and that they failed to address it adequately.
Martin's legal filing asserts that as an invitee on the premises owned and operated by A3H Foods, he was owed a duty of care which included ensuring safe conditions or providing adequate warnings about potential hazards. The document states: "Defendant breached the duty of ordinary care by allowing the substance to remain on the floor," leading directly to Martin's injuries which required medical attention and from which he has not fully recovered.
The plaintiff further accuses A3H Foods of negligence under several specific points: failing to maintain safe premises; not discovering or correcting dangerous conditions promptly; and neglecting their responsibility to prevent foreseeable risks of injury. The lawsuit invokes the doctrine of Respondeat Superior, holding A3H Foods accountable for its employees' actions during their employment scope.
In terms of relief sought from the court, Martin requests judgment against A3H Foods for actual damages related to physical pain and suffering experienced both past and future. He also seeks compensation for incurred medical expenses and any anticipated future costs due to ongoing physical impairment resulting from his injuries. Additionally, Martin demands pre-judgment and post-judgment interest at legally permissible rates alongside court costs.
Representing Tristan T. Martin is attorney Donald G. DeSimone from DeSimone Law Office based in Houston, Texas. The case is filed under Case ID No. 96512649 with Judge Bernitta Barrett presiding over proceedings in Harris County District Court.