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Popeyes Chicken Operator Accused of Negligence by Injured Customer

SOUTHEAST TEXAS RECORD

Monday, April 28, 2025

Popeyes Chicken Operator Accused of Negligence by Injured Customer

State Court
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District Courts of Harris County | Official website

Troieniecia Gilmore has filed a lawsuit against Z&H Foods, Inc., the company operating as Popeyes Chicken, following an unfortunate incident that left her injured. The complaint was lodged on April 16, 2025, in the District Court of Harris County, Texas. The plaintiff accuses Z&H Foods of negligence resulting in personal injuries sustained at one of their restaurant locations.

According to the details provided in the court filing, Troieniecia Gilmore was visiting a Popeyes Chicken store located at 4415 Highway 6, Sugar Land, Texas on October 24, 2024. During her visit as an invitee to the premises for dining purposes, she suffered injuries when a fountain drink machine's top unexpectedly dislodged and fell on her head. The plaintiff asserts that this incident was due to an unreasonably dangerous condition present on the defendant's property. It is alleged that Z&H Foods had prior knowledge of this hazardous condition but failed to take corrective measures or provide adequate warnings to patrons like Gilmore.

The lawsuit highlights that Gilmore had no prior knowledge of the danger posed by the faulty equipment and contends that her conduct was reasonable and did not contribute to the accident or subsequent injuries. As a result of this mishap, she claims to have endured severe physical pain and suffering and anticipates ongoing medical expenses related to her injuries. She seeks compensation for these damages along with pre-judgment and post-judgment interest as permitted by law.

Gilmore's legal representation is seeking monetary relief amounting to less than $250,000 under Rule 47 C (3) of the Texas Rules of Civil Procedure. In addition to financial compensation for medical costs and pain endured, they are also pursuing disclosure from Z&H Foods under Texas Code of Civil Procedure Rule 194 within fifty days from service. Furthermore, they have attached requests for production and interrogatories requiring responses within fifty days.

Representing Troieniecia Gilmore is attorney Donald G. DeSimone from Simone Law Office based in Houston, Texas. The case is being handled under Case ID: 2025-268 in Harris County District Court.

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