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Plaintiff Alleges Negligence Against Retail Giant Over Premises Liability Incident

SOUTHEAST TEXAS RECORD

Tuesday, April 15, 2025

Plaintiff Alleges Negligence Against Retail Giant Over Premises Liability Incident

State Court
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District Courts of Harris County | Official website

In a compelling legal battle, a Texas resident has taken on one of the largest retail corporations in the United States. Pamela Byrd filed a lawsuit against Wal-Mart Stores Texas, LLC, doing business as Walmart Supercenter #1062, in the District Court of Harris County, Texas, on April 4, 2025. The case stems from an incident that occurred at a Walmart location where Byrd alleges she sustained injuries due to negligence on the part of the store.

According to the complaint filed by Byrd, she was visiting the Walmart Supercenter located at 150 El Dorado Boulevard in Friendswood, Texas, on June 23, 2024. During her visit as an invitee—a legal term indicating she was lawfully on the premises—Byrd claims that a shelf unexpectedly collapsed onto her. This incident allegedly resulted in significant personal injuries and damages. The lawsuit asserts that at least one employee or agent of Walmart was aware of this hazardous condition but failed to rectify it or warn customers like Byrd about the potential danger.

The plaintiff's petition accuses Walmart of premises liability under common law. It argues that Walmart, as the occupier and possessor of the premises, failed to maintain a safe environment for its customers. "Defendant’s lack of care proximately caused Plaintiff's injuries," states Byrd's filing. The document details various damages suffered by Byrd due to this alleged negligence including past and future medical expenses, pain and suffering both past and future, mental anguish, and lost wages or income.

Pamela Byrd is seeking actual and special damages amounting to less than $250,000 but specifies that her maximum recovery sought is $75,000. Additionally, she requests reimbursement for court costs incurred during litigation and pre-judgment interest at the maximum rate allowed by law starting from thirty days after sums are due until judgment is rendered. Post-judgment interest is also sought until full payment is made.

Representing Pamela Byrd are attorneys Youssef Abdelhafiz (State Bar No. 24124056), David K. Mestemaker (State Bar No. 13974600), Norman Straub (State Bar No. 00793002), and Jonathan B. Zumwalt (State Bar No. 24053570) from Mestemaker, Straub & Zumwalt located in Houston, Texas. The case has been assigned Case ID: 2025-23749 in Harris County District Court.

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