A former employee has taken legal action against a major retail corporation, alleging negligence that led to a severe workplace injury. Maricela Parga Gutierrez filed a complaint in the District Court of Harris County, Texas, on May 8, 2025, against Wal-Mart Stores, LLC. The lawsuit claims that the retail giant failed to provide a safe working environment, resulting in Gutierrez suffering significant injuries.
The case revolves around an incident on January 7, 2024, when Maricela Parga Gutierrez was employed at a Wal-Mart Neighborhood Market in Kingwood, Texas. According to the petition, while restocking inside a freezer at the store located at 2165 Northpark Dr., Gutierrez slipped and fell due to water leaking from a freezer pipe. This fall resulted in a serious right knee injury requiring surgical intervention. The complaint highlights that Wal-Mart was not subscribed to Workers’ Compensation insurance at the time of the incident and is therefore considered a "non-subscriber" under Texas law. Consequently, Wal-Mart cannot use common law defenses such as comparative negligence or assumption of risk.
Gutierrez accuses Wal-Mart of several negligent acts including failing to maintain a safe working environment and not addressing known hazards like the leaking water inside the freezer. The plaintiff argues that these failures directly caused her injuries and subsequent damages. As outlined in her petition, she suffered physical pain, mental anguish, and physical impairment as well as disfigurement due to the incident. Furthermore, she anticipates ongoing medical treatment and continued suffering into the future.
In terms of relief sought from the court, Gutierrez is pursuing monetary compensation exceeding $250,000 but less than $1 million for her injuries and losses. She also seeks recovery for past lost earnings due to her inability to work following her injury. Additionally, she demands pre-judgment interest on any awarded damages as permitted by Texas law.
Representing Maricela Parga Gutierrez is attorney Justin Carlisle from the Law Offices of Domingo Garcia L.L.P., based in Houston. The case has been assigned Case ID 2025-32547 and will be presided over by Judge Kerrylone Asberry in Harris County's Judicial District Court.