EXHIBIT A 

Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 1 of 10
teWblters Klijwer

PROCESS SERVER DELIVERY DETAILS

Date: FriJunS, 2020

Server Name: Guy Connelly

Location: Plano, TX-DAL

Entity Served ANDEAVOR LLC

Agent Name CT CORPORATION SYSTEM

Case Number 2020-CI-07653

Jurisdiction TX-DAL

Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 2 of 10
PRIVATE PROCESS

Case Number: 2020-CI-07653

2S2ecie7653 seeee2 WALTER scon

IN THE DISTRICT COURT

438th JUDICIAL DISTRICT

BEXAR COUNTY, TEXAS

VS.

TESORO REFINING & MARKETING CO LLC ET AL

(Note:Attached Document flay Contain Additional Litigants.)

CITATION

"THE STATE OF TEXAS"

Directed To: ANDEAVORLLC

BY SERVING ITS REGISTERED AGENT,'CT CORPORATION SYSTEM

"You have been sued. You may employ an attorney. If you or your attorney do not file a written answer with the clerk who issued this

citation by 10:00 a.m. on the Monday next following the expiration of twenty days after you were served this CITATION and ORIGINAL

PETITION , a default judgment may bo taken against you.’ Gaid ORIGINAL PETITION was filed on the 23rd day ofApril, 2020.

ISSUED UNDER MY HAND AND SEAL OF SAID COURT ON THIS 11TH DAY OF MAY A.D., 2020.

Mary Angie Garcia

Bexar Counly District Clerk

101 W. Nueva, Suite 217

San Antonio, Texas 78205

ANTHONY GBUZBEE

ATTORNEY FOR PLAINTIFF

600 TRAVIS ST 7300

HOUSTON, TX 77002-3009

By : Laura Qistifio, Deputy

WALTER SCOTT Case Number: 2e2e-CI-e7653 Officer's Return Court: 438th Judicial District Court vs

TESORO REFINING & MARKETING CO LLC ET AL

I received this CITATION on_______________

date of delivery endorsed on it to the defendant,

_______ o'clock__ M. al:_______________

al .o'clock__^M. and:( ) executed it by delivering a copy Of the CITATION with attached ORIGINAL PETITION the

. in person on the at

or( ) not executed because

Fees: Badge/PPS #: Date certification expires:

County. Texas

By:

OR: VERIFICATION OF RETURN (If not served by a peace officer) SWORN TO THIS

NOTARY PUBLIC, STATE OF TEXAS

OR: Hy name is . my date of birth is

___ County.

, and my address is

I declare under penalty of perjury that the foregoing is true and correct. Executed in

, 26____ .

County, State of Texas, on

the day of.

Declarant

RETURN TO COURT (0X602)

Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 3 of 10
PRIVATE PROCESS

Case Number; 2020-CI-07653

WALfE^On

' 28280187653 S88882

VS. IN THE DISTRICT COURT

438th JUDICIAL DISTRICT

BEXAR COUNTY. TEXAS

TESORO REFINING & MARKETING CO LLC ET AL

(Mote:Attached Docutnent Hay Contain Additional Litigants.)

CITATION

•THE STATE OF TEXAS"

Directed To: ANDEAVORLLC

BY SERVING ITS REGISTERED AGENT, CT CORPORATION SYSTEM

m ^ fi'® ® '^“®" answer with the clerk who issued this

SmnM following the expiration of twenty days after you were -served thi-s CITATION and ORIGINAI

Kb 111 ION , a defaultjudgment may be taken against you.* Said ORIGINAL PETITION was filed on the 23rd day of April, 2020.

ISSUED UNDER MY HAND AND SEAL OF SAID COURT ON THIS 11TII DAY OF MAY A.D., 2020.

Maiy Angie Garcia

Bexar County District Clerk

101 W. Nueva, Suite 217

. San Antonio. Texas 78205

ANTHONY GBUZBEE

ATTORNEY FOR PLAINTIFF

600 TRAVIS ST 7300

HOUSTON, TX 77002-3009

By: Laura Castillo, Deputy

WALTER SCOTT

Case Numbar: 2e2e-CI-e76S3

Court: 438th Judicial District Court

VS Officer's Return

TESORO REFINING & MARKETING CO LLC ET AL

I received this CITATION on__________ _

date of delivery endorsed on it to the defendant.

______ o’clock__ at: ______________

at .o'clock—and:( ) arecuted it by defivering a awof the CITATION with attached ORIGINAL PETITION

------------------------------ ---------------- in person on fte _________________________

the

at

or ( ) not executed because

Fee^; Badge/PPS 9: Date cei-tification expires:,

County, Texas

By:

OR: VERIFICATION OF RETURN (If not served by a peace officer) SWORN TO THIS

NOTARY PUBLIC, STATE OF TEXAS

OR; Hy name is

, my date of birth is

____ County.

,, and ray address is

I declare under penalty of perjury that the foregoing

-■ J__ ' day of.

is true and correct. Executed in the County, State of Texas, on

. 28.

Declarant

ORIGINAL (0X882)

Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 4 of 10
FILED

4<23/2020 4:05 PM

Mary Angie Garcja

Bexar County District Clerk

Accepted By: Annabelle Kung

2020CI07653

CAUSE NO.

WALTER SCOTT, § IN THE DISTRICT COURT OF

§

Plaintiff, §

§

§

§

V. § OF BEXAR COUNTY, TEXAS

§

§

TESORO REFINING & MARKETING CO.§

LLC and ANDEAVOR LLC 438TH §

§ DISTRICT COURT

§

Defendants. §

§ .ITTWY TmAT, T>F.1VrATVnF.n

ELA loma ORTGTNAT. PF.TTTTON

TO THE HONORABLE JUDGE OF THIS COURT:

NOWCOME PlaintififWalter Scott complaining ofDefendants Tesoro Refining & Marketing

Co., LLC and Andeavor LLC (“Defendants”) and for cause of action. Plaintiff would respectfully

show tills Honorable Court the following:

I. BACKGROUND

Plaintiff is a gasoline and petroleum products hauler. On or about the morning of

September 4, 2019, Plaintiffdrove to Defendants’ Golden Eagle Refinery in Martinez, California

in his combination tractor-tanker to pick up a load of gasoline. Both Defendants have different

roles in the ownership and/or operation at the Golden Eagle Refinery. After arriving on the

premises. Plaintiff pulled his rig into a loading terminal lane so that product could be loaded into

his cargo tank. Once he was properly positioned in the lane, Plaintiff made a complete stop and

exited his truck to begin the loading process.

The ground of loading terminal’s lane was saturated with an excess of petrochemical

product and mud. Defendants failed to clean and clear the loading bay area such that it was safe

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Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 5 of 10
for workers to load rigs, like Plaintiff. The result ofthis mixture created an extremely slippery

surface, which Plaintiff would be forced to negotiate in order to complete his loading procedure

and pre-trip inspection. While circling around his truck. Plaintifflost his footing and fell. But, the

lane was so slippery that Plaintiff did not fall directly to the ground—Plaintiff desperately

attempted to maintain his balance and in the process, was caught in his tractor’s hose. As he was

ensnared, he continued to fall. The force of Plaintiffs tangled fall caused’ Plaintiffs knees,

shoulder and back to “pop,” and Plaintifflanded facedown. Plaintiffblacked out thereafter. When

he awoke. Plaintiffwas suspended above the ground by his tangle, with only the brim of his hard

hat keeping his face from the submerging in the mud.

Shortly after Plaintiff awoke. Plaintiff was assisted by Defendant Tesoro’s personnel to

help extricate Plaintiff from his entanglement. It took three (3) Tesoro/Andeavor personnel and

several minutes to free Plaintiffbecause ofthe slippery surface and entangled hose. The force of

the fall immediately caused Plaintiffpain to both ofhis knees, his shoulder, his back and his head.

After this incident. Plaintiffsought medical treatment for his injuries. Plaintiff continues to treat

and have a long road to recovery.

n. DISCOVERY LEVF.T.

Plaintiffintends to conduct discovery under Level 2 ofthe Texas Rules ofCivil Procedure

Rule 190.3 and affirmatively plead that they seek monetary reliefofin excess ofthe jurisdictional

limits ofthis Honorable Court.

m. PARTIES

Plaintiff is an individual residing in Sacramento, California.

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Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 6 of 10
Defendant Tesoro Refining & Marketing Company, LLC is a foreign limited liability

company doing business in Texas. It may be served by and through its registered agent: 1999

Bryan St., Suite 900, Dallas, Texas 75201.

Defendant Andeavor LLC is a foreign limited liability company doing business in Texas.

They may be served through their registered agent: CT Corporation System at 1999 Bryan St.,

Suite 900, Dallas, Texas 75201. Its headquarters are located in Bexar County, Texas.

rv. .nTRTsnTrTTON and vf.nttf.

This Court hasjurisdiction over the Defendants, whom are all registered to do business and

actually do business in Texas. Venue is proper in Bexar County because Defendant Andeavor LLC

maintains its principal office in this County. Removal is not proper under 28 U.S.C. 1441(b).

V. CATTSFS OF ACTTON

1. NEGLIGENCE

Plaintiffre-alleges each aforementioned allegation. Defendants owed a duty ofreasonable

care to the Plaintiff. Defendants breached the duty of reasonable care in one or more of the

following non-exclusive ways, among others:

a. Failing to institute and enforce precautionary measures to protect individuals working

on the premises and work site;

b. Failing to properly and timely fix, and warn of, anyJob hazards;

c. Failing to safely schedule and/or plan the work;

d. Failing to ensure the loading terminal was fi-ee and clear of potential hazards prior to

alloAving any personnel onto it;

Failing to ensure safety personnel were in place;

Failure to follow process safety measures as required by the industry standard;

e.

f.

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Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 7 of 10
g. Failure to reasonably carry out duties as perthe contracts in place;

h. Failing to properly train and/or supervise those on site; and

i. Failing to maintain a safe work environment for contractors at the facility.

Each of these acts and omissions, singularly or in combination with others, constitute

negligence which was die proximate cause ofthis incident and PlaintiiFs injuries.

2. GROSSNEGLIGENCE

Plaintiffre-alleges each aforementioned allegation. Plaintiffwill furthershow that the acts

and/or omissions of each Defendant, when viewed objectively from Defendant’s standpoint,

involve an extreme degree ofrisk considering the probability and magnitude ofthe potential harm

to others, namely those on the work site. Defendants had actual subjective awareness ofthe risk

involved, but nevertheless proceeded in conscious indifference to the rights, safety, and/or welfare

of others, including Plaintiff. Specifically, Defendants knew the lane was full of excess product

that could pose and extreme risk to contractors. The Golden Eagle Facility maintained a reputation

of“poor housekeeping,” ofwhich the most recent consequence ofthe facility’s poor condition was

Plaintiffs injury. Defendants knew ofthe poor condition ofthe facility and the loading terminal

lanes but did not care.

Defendants knew or should have known of the risk or risks associated, and each

Defendant’s actions and omissions constitute gross negligence and malice as those terms are

understood by law. Therefore, Plaintiff prays that punitive damages be awarded against

Defendants. Plaintiffwould show that nothing Plaintiffdid, or failed to do, in any way contributed

to this incident.

VI. DAMAGF.S

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Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 8 of 10
Plaintiff brings this lawsuit to recover for injuries sustained as a result of this incident.

Plaintiff seeks damages for physical impairment in the past and future, pain and suffering in the

past and future, mental anguish in the past and fuUire, medical expenses in the past and future, loss

of earning capacity in the past and future, and loss of household services in the past and future.

Plaintiff also seeks punitive damages in such amount as may be found proper and Just under the

facts and circumstances as determined by the jury. Further, Plaintiffseeks court costs, as well as

pre-judgment and post-judgment interest at the appropriate rate allowed by law.

All conditions precedent have been performed or have occurred,

vn. .TTTRY nr.MANn

Plaintiffrespectfully demands a jury trial and tender the appropriate fee.

Vffl. WF.QTTF.STS FOR msrT.OSTrRF.

Plaintiffrequests that each Defendant disclose, within fifty days ofservice ofthis Request for

Disclosure, the information and material described in Rule 194.2.

DC APPTirATTON OF TAI-TFORNTA f.AW

California law applies to this lawsuit. The injury occurred in California. The conduct leading

to the injury occurred in California. The relationship between the parties is centered in California.

California has the mostsignificantrelationship with thisincident, and, as such, California law applies.

X. PRAYFR

For these reasons. Plaintiff prays that Defendants be cited to appear and answer, and that

Defendants are joint and severally liable for the following:

a. Physical pain and suffering in the past and future;

b. Mental anguish in the past and future;

c. Physical impairment in the past and future;

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Case 5:20-cv-00731-XR Document 1-1 Filed 06/22/20 Page 9 of 10
d. Medical expenses in the past and future;

e. Loss of consortium and companionship in the past and future;

f. Loss ofearning capacity in the past and future;

g. Loss ofhousehold services in the past and future; /

h. Punitive damages in such amount as may be found proper and just under the facts and

circumstances as determined by the July;

i. Cost of suit;

j. Prejudgment and post-judgment interest; and

k. All other reliefto which Plaintiffmay be justly entitled.

Respectfully submitted.

The BUZBEE Law Firm

Byr/v/Anthofty Ct.

Anthony G. Buzbee

State BarNo. 24001820

Ryan S. Pigg

State Bar No. 24088227

Ben Agosto III

State BarNo. 24091926

JPMorgan Chase Tower

600 Travis Street, Suite 7300

Houston, Texas 77002

Tel: (713) 223-5393

Fax: (713) 223-5909

www.txattnmey<; com

ATTORNEYS FOR PLAINTIFF

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