This case was last updated from U.S. District Courts on 01/23/2022 at 07:25:28 (UTC).

Tran et al v. Wal-Mart Stores of Texas, L.L.C. et al

Case Summary

On November 24, 2021, Vincent Tran and Philong Tran (“Plaintiffs”), represented by Andrew Anh Dao of Daly & Black, PC, filed a personal injury lawsuit against Wal-Mart Stores Texas, LLC, Walmart Inc., and Wal-Mart Real Estate Business Trust (collectively, “Defendants”), seeking damages and any other reliefs the Court deems just for the Defendants’ alleged negligence. This case was filed in U.S. District Court in the Southern District of Texas with Judge George C Hanks, Jr. presiding.

 

In their complaint, the Plaintiffs alleged that, “On or about November 28, 2019, Plaintiffs went to the Walmart store at 2901 Riley Fuzzel Rd., in spring, Texas.” The Plaintiff further alleged that, “While inside, Plaintiff Vincent Tran selected a pair of roller-skates, paid for the roller skates at one of the sales associates’ checkout counters, and received a receipt for the purchase.”

 

The Plaintiffs further alleged that, “As Plaintiffs were about to go towards the exit, they realized they had parked by the entrance on the opposite side of the store. Plaintiffs walked to the set of doors on the opposite side of the store to exit. One of Walmart’s employees checked the receipt and confirmed the purchase. The employee let Plaintiffs exit the store. As Plaintiffs was entering the vehicle, Plaintiff Vincent Tran saw a police officer running towards Plaintiffs while a Walmart employee was directing him and pointing repeatedly at Plaintiffs. The police officer, who was followed by other officers, indicated Walmart informed him that Plaintiffs were stealing. Because Walmart had informed the police that Plaintiffs had stolen the item and because Walmart wanted the police to immediately detain or arrest, the police pulled Plaintiff Vincent Tran out of his vehicle by his left arm and dragged him out.”

 

The Plaintiffs also alleged that, “Walmart has surveillance footage showing Plaintiff Vincent Tran paying for the purchase. Walmart’s personnel also checked Plaintiffs at the door, to ensure the merchandise was paid for. Despite this, for whatever reason, another one of Walmart’s personnel negligently directed the police to run towards and grab Plaintiff Vincent Tran because of purported theft. There is no excuse for Walmart’s actions. Defendants failed to ensure they implemented proper policies and procedures at their stores, including this store. Defendants failed to properly train personnel at their stores, including this store”

 

The Plaintiffs also alleged that, “Defendants’ actions were a proximate cause of Plaintiffs’ injuries. Had it not been for Defendants’ entirely negligent actions, Plaintiffs would not have been injured. Plaintiff Vincent Tran suffered severe injuries, including a compound fracture to his left arm, leading to a broken bone protruding through his skin. He has undergone extensive treatment and procedures, including an operation in which two rods and numerous screws were inserted into his arm. Plaintiff Philong Tran also suffered injuries as he was grabbed”

 

There are three claims of relief laid down by the Plaintiffs. The first claim alleged is for negligence. The second claim alleged is for agency, respondeat superior, vicarious liability. The third claim alleged is for gross negligence.

 

In their prayer for relief, the Plaintiffs requested the Court for damages, in an amount between $250,000 and $1,000,000, or an amount determined as appropriate by a jury. The Plaintiffs also requested the Court  for any and all other relief to which they may be justly entitled.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-03865

  • Filing Date:

    11/24/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

George C Hanks, Jr

 

Party Details

Plaintiffs

Vincent Tran

Philong Tran

Defendants

Wal-Mart Stores of Texas, L.L.C.

Walmart, Inc.

Wal-Mart Real Estate Business Trust

Attorney/Law Firm Details

Plaintiff Attorney

Andrew Anh Dao

Attorney at Daly & Black, PC

2211 Norfolk St.Ste 800

Houston, TX 77098

 

Court Documents

#1

(#1) COMPLAINT against Wal-Mart Real Estate Business Trust, Wal-Mart Stores of Texas, L.L.C., Walmart, Inc. (Filing fee $ 402 receipt number 0541-27391298) filed by Philong Tran. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Dao, Andrew) (Entered: 11/24/2021)

1 #1

Civil Cover Sheet

1 #2

Summons

1 #3

Summons

1 #4

Summons

#2

(#2) ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/18/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RachelWillborgadi, 4) (Entered: 11/26/2021)

#3

(#3) Request for Issuance of Summons as to Wal-Mart Real Estate Business Trust, Wal-Mart Stores of Texas, L.L.C., Walmart, Inc., filed. (Attachments: #1 Unredacted attachment Summons for Wal-Mart Real Estate, #2 Unredacted attachment Summons for Wal-Mart Stores Texas)(Dao, Andrew) (Entered: 01/05/2022)

3 #1

Unredacted attachment Summons for Wal-Mart Real Estate

3 #2

Unredacted attachment Summons for Wal-Mart Stores Texas

#4

(#4) Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(RachelSalazar, 4) (Entered: 01/06/2022)

 

Docket Entries

  • 01/06/2022
  • View Court Documents
  • Docket(#4) Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(RachelSalazar, 4) (Entered: 01/06/2022)

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  • 01/05/2022
  • View Court Documents
  • Docket(#3) Request for Issuance of Summons as to Wal-Mart Real Estate Business Trust, Wal-Mart Stores of Texas, L.L.C., Walmart, Inc., filed. (Attachments: #1 Unredacted attachment Summons for Wal-Mart Real Estate, #2 Unredacted attachment Summons for Wal-Mart Stores Texas)(Dao, Andrew) (Entered: 01/05/2022)

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  • 11/30/2021
  • DocketThe above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures_09.2021.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4) (Entered: 11/30/2021)

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  • 11/26/2021
  • View Court Documents
  • Docket(#2) ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/18/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RachelWillborgadi, 4) (Entered: 11/26/2021)

    Read MoreRead Less
  • 11/24/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Wal-Mart Real Estate Business Trust, Wal-Mart Stores of Texas, L.L.C., Walmart, Inc. (Filing fee $ 402 receipt number 0541-27391298) filed by Philong Tran. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Dao, Andrew) (Entered: 11/24/2021)

    Read MoreRead Less
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