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Plaintiffs Allege Negligence Against Texas Bakery Over Fatal Workplace Accident

SOUTHEAST TEXAS RECORD

Thursday, February 27, 2025

Plaintiffs Allege Negligence Against Texas Bakery Over Fatal Workplace Accident

State Court
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District Courts of Harris County | Official website

In a harrowing legal battle, the family of a deceased man has filed a lawsuit against a Texas bakery, accusing it of negligence that led to his tragic death. On February 14, 2025, Kristi Westphal Teykl and Kimberly Westphal Scott filed a complaint in the District Court of Harris County against Tepatitlan Bakery Inc., alleging that their father, James Harold Westphal, died due to the bakery's negligent practices.

The plaintiffs, Kristi Westphal Teykl and Kimberly Westphal Scott, are pursuing this case both individually and as representatives of their father's estate. They claim that on October 25, 2024, James Harold Westphal was fatally injured while working at Tepatitlan Bakery's premises in Harris County. According to the complaint, he was crushed by an oven he was removing from the premises. The plaintiffs argue that Tepatitlan Bakery failed in its duty to provide a safe working environment by not properly supervising or inspecting the premises and not providing adequate safety equipment. "Defendant had a duty to exercise ordinary care," states the petition, highlighting multiple alleged breaches including failure to supervise and monitor operations adequately.

The lawsuit accuses Tepatitlan Bakery of several forms of negligence: direct negligence for failing to maintain safe conditions; negligent undertaking for improperly performing tasks like oven removal; negligent activity for contemporaneous acts causing harm; and premises liability for maintaining an unreasonably dangerous condition without warning or remedying it. Furthermore, they allege gross negligence on part of the bakery due to its conscious disregard for safety risks which led to fatal injuries.

The plaintiffs seek substantial compensation from Tepatitlan Bakery. They demand aggregate monetary relief exceeding $1 million for various damages including past physical pain and suffering endured by James Harold Westphal before his death, mental anguish suffered by him and his family members, loss of income potential, medical expenses incurred due to his injuries, funeral costs, and other wrongful death-related losses such as loss of consortium and companionship. Additionally, they are pursuing punitive damages due to what they describe as grossly negligent conduct by the defendant.

Represented by attorney Muhammad S. Aziz from Abraham Watkins Nichols Agosto Aziz & Stogner law firm based in Houston Texas—who has taken up their cause—the plaintiffs hope for justice through court proceedings presided over by Judge Adiliani Solis under Case ID 2025-10426 at Harris County’s 281st Judicial District Court.

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