In a gripping legal battle that could reshape the responsibilities of businesses towards their patrons, a couple has filed a lawsuit against a local restaurant for negligence leading to severe injuries. On March 20, 2025, Merle Jeanette May and Donald Harlan May filed a complaint in the District Court of Harris County, Texas, against CaPoMa Holdings LLC, operating as Sizzle & Brew.
The case revolves around an incident on December 19, 2024, when the plaintiffs visited Sizzle & Brew located at 16949 N. Eldridge Parkway in Tomball, Texas. The establishment was undergoing remodeling work that left temporary wiring across the floor in the entryway—a hazard that allegedly led to Merle Jeanette May's fall and subsequent injuries. According to the complaint, "Defendant allowed a dangerous condition to exist on the property," which posed an unreasonable risk to customers entering the dining area. The plaintiffs argue that Sizzle & Brew knew or should have known about this perilous situation but failed to take corrective measures or provide adequate warnings.
The lawsuit accuses CaPoMa Holdings LLC of premises liability—a legal theory holding property owners accountable for accidents and injuries occurring on their premises due to unsafe conditions. The plaintiffs claim they were invitees at the restaurant and that Sizzle & Brew had control over the premises and thus bore responsibility for ensuring safety. They allege that "Defendant failed to exercise ordinary care" by not addressing or warning about the hazardous condition.
Merle Jeanette May suffered significant injuries from her fall, including harm to her arm and shoulder. As a result of these injuries, both plaintiffs are seeking monetary relief exceeding $1 million for medical expenses incurred and anticipated in the future, pain and suffering past and future, mental anguish, physical impairment, and loss of consortium. They also seek pre-judgment and post-judgment interest as permitted by law.
Represented by attorneys Richard M. Grimes and Julia A. Fertitta from Grimes & Fertitta P.C., the plaintiffs demand a jury trial for all issues presented in this case. The court filing emphasizes maintaining records related to the incident—specifically any documents or videos relevant to their claims—to ensure evidence is preserved for trial proceedings.
The case is being overseen by Judge Bernita Barrett under Case ID 2025-18769 in Harris County's 215th Judicial District Court.