A Houston man has filed a lawsuit against H-E-B following the death of his wife who was fatally struck by a motorist while in the store. The suit also names the motorist responsible for the accident as well as the owner of the vehicle involved.
Last Monday, Dorothy Davenport Barnes, 74, lost control of her vehicle while backing out of a handicapped parking spot at H-E-B’s Woodbridge Drive location. According to the Houston Chronicle, the vehicle suddenly accelerated, crashing through a heavy concrete sphere positioned in front of the store before crashing into the store’s exit.
The vehicle struck Karla Sanchez, 31, and her 2-year-old daughter. Sanchez was rushed to a nearby hospital where she passed away. Her daughter and six other customers were injured in the accident.
The suit blames the store for failing to block the entrance properly, preventing accidents such as this. The concrete spheres in front of the store were put in place to stop any traffic from crashing into the building.
The suit claims that the spheres were “deficiently built, poorly maintained, poorly designed and/or improperly installed,” since they failed to stop the SUV. The lawsuit also alleges that “a reasonably prudent person would have foreseen that harm would likely result from such condition”.
Barnes and Mayes are also named in the suit claiming that Barnes failed to prevent the accident and Mayes was negligent in allowing Barnes to drive her vehicle.
No other information has been released, and the defendants could not be reached for comment.