In a gripping legal battle that highlights issues of safety and negligence, a Harris County resident has taken on a major corporation in court. On March 14, 2025, Kelly Dawn DeLeon filed a lawsuit against Discount Tire Company of Texas, Inc. in the District Court of Harris County, alleging negligence and gross negligence after suffering injuries at one of their locations.
The complaint centers around an incident that occurred on July 26, 2024, when DeLeon visited the Discount Tire store located at 95550 Jones Road in Houston for a scheduled appointment. According to the petition, as she exited her vehicle and stepped onto the grass near the curb, she fell into an unmarked hole hidden by grass. This fall left her painfully trapped for approximately ten minutes. Alarmingly, an employee of Discount Tire acknowledged that this had happened before and mentioned that previous warning signs had been removed by weather but not replaced by the company.
DeLeon's legal team argues that Discount Tire failed to maintain safe premises for its customers and accuses them of having actual or constructive knowledge of the dangerous condition without taking reasonable steps to mitigate it. The lawsuit outlines several acts of negligence on the part of Discount Tire including failure to inspect and remedy hazardous conditions, inadequate training of employees regarding safety inspections, and neglecting to warn customers about potential dangers.
The plaintiff is seeking monetary relief ranging from $250,000 to $1 million for damages incurred due to the alleged negligence. She claims both economic and non-economic damages resulting from her injuries which required medical intervention. Additionally, DeLeon is pursuing exemplary damages citing gross negligence with malice or conscious disregard for human safety by Discount Tire.
Represented by attorneys Benjamin R. Roberts and R. William Hatchett from Benjamin Roberts Law PLLC in Houston, DeLeon demands a jury trial and all appropriate reliefs entitled under Texas law. The case has been assigned Case ID 2025-17657 in the 55th Judicial District Court.