Joseph Gillespie has taken legal action against a prominent department store and its associated property groups, claiming negligence after suffering injuries on their premises. On April 30, 2025, Gillespie filed a lawsuit in the District Court of Harris County, Texas, against Marshalls Department Store of Houston-Dairy Ashford, CA New Plan Fixed Rate Partnership, L.P., and Brixmor Property Group, Inc.
The incident that led to this legal battle occurred on December 7, 2024. Gillespie was shopping at Marshalls located at 12520 Westheimer Street in Houston when he tripped over an unmarked depression in the parking lot pavement as he was heading towards his vehicle. The fall resulted in serious bodily injuries for which Gillespie holds the defendants accountable. He argues that the defendants were negligent in maintaining their premises safely and failed to warn him of the hazardous condition. "Defendants knew or should have known about the unreasonably dangerous condition," claims Gillespie's petition.
Gillespie's complaint outlines several allegations against the defendants, including negligence and failure to provide a safe environment for invitees like himself. He asserts that as an invitee on their property, the defendants owed him a duty of care to inspect and remedy any dangerous conditions or at least provide adequate warnings about them. The lawsuit accuses the defendants of breaching these duties by not addressing or warning about the parking lot defect that caused his fall.
In terms of relief sought from the court, Gillespie is pursuing monetary damages exceeding $250,000 but not more than $1 million. These damages account for past and future medical expenses, pain and suffering, mental anguish, physical impairment, and other related costs. Additionally, he seeks pre-judgment and post-judgment interest along with attorney fees.
Representing Joseph Gillespie are attorneys Juan C. Garcia and Brandon C. Francis from Johnson Garcia LLP based in Houston. The case is presided over by Judge Kobi Fatsura under Case ID 2025-30256.