Unique Kinchen has filed a lawsuit against Fiesta Mart, LLC, claiming negligence after sustaining serious injuries from a slip and fall incident at one of the company's grocery stores. The complaint was filed by Kinchen on April 16, 2025, in the District Court of Harris County, Texas. The defendant named in the case is Fiesta Mart, LLC.
According to the details outlined in the petition, Unique Kinchen alleges that on or about December 2024, she was shopping at a Fiesta Mart located at 5800 Lyons Avenue in Houston, Texas. While reaching for an item on aisle 4, she slipped and fell due to water that had accumulated on the floor. The lawsuit claims that this hazardous condition had been present long enough for Fiesta Mart to have known about it and taken corrective action. As a result of the fall, Kinchen suffered severe injuries requiring medical treatment and leading to ongoing disability.
Kinchen asserts that as an invitee on the premises owned and maintained by Fiesta Mart, LLC, she was owed a duty of care by the company. The lawsuit accuses Fiesta Mart of breaching this duty by failing to ensure a safe environment for its patrons. Specific allegations include allowing the dangerous condition (water on the floor) to persist without warning customers or rectifying it promptly. The plaintiff argues that this negligence directly caused her injuries.
The legal filing seeks various forms of relief from the court. Kinchen requests monetary compensation for physical pain and suffering experienced both in the past and anticipated in the future. She also seeks reimbursement for medical expenses incurred due to her injuries and any future costs related to her recovery. Additionally, claims are made for physical impairment damages sustained as a result of the incident.
The lawsuit invokes the doctrine of Respondeat Superior, holding Fiesta Mart accountable not only for its own negligence but also for any negligent actions performed by its employees or agents during their employment duties. This includes those responsible for maintaining store safety standards who allegedly failed to address or warn about potential hazards.
Representing Unique Kinchen is attorney Donald G. DeSimone from DeSimone Law Office based in Houston, Texas. The case has been assigned Case ID 2025-26820 with proceedings taking place under Judge Marilyn Burgess at Harris County's Judicial District Court.