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Law360 (May 11, 2020, 5:12 PM EDT ) Texas grocery giant HEB has been sued over a safety measure meant to protect its own employees from exposure to the coronavirus, as a customer alleges the shoddy installation of a protective screen is to blame for her serious foot injuries.
HEB LP was named in the lawsuit filed in Harris County district court on Friday by shopper May Homsy, who is seeking as much as $1 million in damages for injuries stemming from the incident where the heavy-duty plastic screen fell on her left foot. Homsy required surgery on her foot after doctors became concerned that compartment syndrome — which is caused by swelling, impedes the flow of blood and can cause tissue damage or death — was setting in.
Homsy was at an HEB store on the northwest side of Houston on April 13 when she was injured, and her first surgery took place on April 17.
"While there, a Plexiglas partition, that was improperly installed as protection from COVID19/coronavirus, fell on her left foot and caused injury," Homsy alleges in her suit. "At first, it was thought she sustained bruising to the foot, however, the pain increased" and doctors determined surgery was necessary.
Homsy's attorney, Karl P. Long of Abraham Watkins Nichols Sorrels Agosto Aziz & Stogner, told Law360 on Monday that at least one more surgery will have to be performed on Homsy's foot, and her prognosis is unknown at this time.
Long said he sent a letter to HEB's legal department two weeks ago, letting them know about his client's injuries. But when he didn't hear back, Long said he needed to file this lawsuit.
"Every business is operating differently right now, so who knows, it could be sitting in a stack of letters," he said, referencing the difficulties of working during a pandemic. "But we've got evidence — potentially video evidence — and needed to make sure it's preserved."
Homsy asked the court to direct HEB to preserve any evidence related to the incident, including photographs, video recordings, emails, text messages, voicemails and incident reports. Homsy is bringing a claim for premises liability, alleging that HEB had a duty to warn about the "unreasonably dangerous condition" or a duty to fix the problem before it caused anyone's injuries.
She is asking the court to award her past and future damages for mental anguish, pain and suffering, bodily impairment and disability, medical expenses, lost wages, disfigurement and scarring and asks that HEB cover the cost of bringing this lawsuit.
An HEB spokesperson did not immediately return a message seeking comment.
Homsy is represented by Karl P. Long of Abraham Watkins Nichols Sorrels Agosto Aziz & Stogner.
Counsel information for HEB was not immediately available.
The case is May Homsy v. HEB LP, case number 2020-28576, in the 113th District Court in Harris County, Texas.
--Editing by Nicole Bleier.
For a reprint of this article, please contact reprints@law360.com.
