FILED

11/8/2021 12:00 AM

FELICIA PITRE DSTRICT CLERK DALLAS CO., TEXAS

Angie Avina DEPUTY

Cause NO- DC-21-16320

ROGEER GEARY, 1N THE DISTRICT COURT PLAINTIFF

VS 68th

JUDICIAL DISTRICT AMERICAN SCIENCE AND

——

ENGINEERING, INC. d/b/a RAPISCAN SYSTEMS, DEFENDANT OF DALLAS, COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

Roger Geary, Plaintiff, complains of American Science and Engineering, Inc., Defendant,

and for cause of action would respectfully show the Court as follows:

1. DISCOVERY CONTROL PLAN

1.1 Plaintiffrequests Level discovery plan.

2. PARTIES

2.1 Plaintiff is Roger Geary, an individual who resides in the City of Garland, Dallas,

County, Texas.

2.2 Defendant, American Science and Engineering, Inc., 829 Middlesex Turnpike

Billerica, MA USA 01821 is Texas corporation purportedly duly organized under the laws of

Texas, and may be served with process by serving its registered agent, Corporation Service

Company d/b/a CSC-lawyers Incorporating Service Company, at the corporation’s registered

address, 211 E. 7th Street, Suite 620, Austin, Texas 78701-3136.

3. FACTS

3.1 On or about November 9, 2021 Plaintiff, was working for Defendant in his course and

scope of business repairing scanning machine. The company policy was to use lifts to carry

Plaintiff Original Petition Page

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 1 of 24 PageID 7
tools to the top of the scanning machines. Plaintiff’s employer

told Plaintiff no lift was available

and to carry the tools himself and getthe job done as soon as possible.

3.2 Plaintiff hurt his back carrying the heavy tools. Plaintiff reported the injury to his

employer

then traveled back to Texas to seek medical treatment.

3.3 Plaintiff was informed by the Defendant that they had worker’s compensation insurance.

Plaintiff made claim with the Texas Department of Insurance, Worker’s Compensation

Division and the claim was denied because Defendant does not have worker’s compensation

insurance.

4. CAUSE OF ACTION AND VENUE

4.1 This suit is broughtin accordance with the laws of the State of Texas for the recovery of

damages which are in excess of the minimal jurisdictional

limits ofthis Court, to which Plaintiffs

are entitled to receive as compensation for the injuries described below.

4.2 Plaintiff is resident of Dallas, County, Texas.

4.3 Accordingly the Court has jurisdiction over this matter and Venue is proper

in Dallas

County, Texas.

5. CAUSE OF ACTION AGAINST DEFENDANT

5.1 Plaintiff alleges that, Defendant was negligent and that Defendant’s negligence

proximately caused the incident wherein Plaintiff sustained personal injuries. Plaintiff” damages

are in excess of the court’s minimum jurisdictionallimits.

5.2 Defendant was negligent as follows:

a. In failing to provide safe work environment,

b. In failing to provide lift assistance for carrying tools in excess of fifty pounds up

ladder,

c. In failure to provide the proper safety harness and equipmentto climb ladder.

Plaintiff Original Petition Page

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 2 of 24 PageID 8
6. Alternative claims

Course and Scope of Employment:

6.1 On or about November 9, 2017 which was the date of the incident which caused

Plaintiff’s injuries, Plaintiff was acting in the course and scope of his employment and an agent

or servant for and on behalfof Defendant

Gross Negligence:

6.2 At the time the of the incident complained of herein, Defendant:

a. Knew the properlift equipment was needed to carry tools over fifty poundsto the

top of structure and the order was in Violation of company policy;

b. Knew scaling ladder carrying heavy equipmentis extremely dangerous but disregarded the know danger; and

c. Was aware of the extreme danger and ordered Plaintiff to carry the heavy tools and equipment and knew it would result in injury to the Plaintiff.

Plaintiff would show that Defendant’s conduct constitutes reckless disregard for the rights of

others and /or was the result of conscious indifference to the rights, welfare and safety of others.

Accordingly, Defendant was grossly negligent and such gross negligence was proximate cause

of Plaintiff’s damages. Plaintiff is therefore entitled to recover punitive damages from

Defendant.

7. PERSONAL INJURIES

7.1 Plaintiff alleges that as direct and proximate result of the negligent conduct of the

Defendant, he has suffered and is suffering from severe bodily injuries

to his head, neck, back,

shoulders and legs resulting in injury to his or her body as whole.

Plaintiff Original Petition Page

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 3 of 24 PageID 9
7.2 In connection with such injuries, Plaintiff has suffered severe physical pain and mental

anguish in the past and is suffering at the present, and in all reasonable probability will continue

to suffer for the rest of his or her life.

7.3 Plaintiff has necessarily incurred reasonable medical expenses

in the pastin the proper

diagnosis, care and treatment of his injuries. The injuries are such that, in reasonable probability,

he will necessarily continue to incur reasonable medical expenses

in the future for the proper

care and treatment of the injuries.

7.4 Plaintiff has sustained physical pain, mental anguish, physical impairment and

disfigurement

in the past, and will,in reasonable probability, sustain sustained physical pain, mental anguish, physical impairment and disfigurement

in the future. Plaintiff has lost wagesin

the past and his injuries are such that, in reasonably probability, He will suffer loss of wageearning capacity in the future.

7.5 Plaintiffwould further show that his damages greatly exceed the sum of $500,000 and the

same would reasonably compensate him for his damages including but not limited to past,

present and future: medical expenses, pain and suffering, physical disability and impairment,

disfigurement, loss of enjoyment of life and mental anguish.

7.6 Plaintiff further sues for pre-judgmentinterest for the time period and amount allowed by

law from the date of the accident until the day ofjudgment.

8. MEDICAL EXPENSES

8.1 Plaintiff, would show that as direct and proximate result of the above-mentioned

injuries he has been caused to incur doctor bills, hospital bills, and other medical expenses

in the

past, is incurring the same at the present time and will,

in all reasonable probability, continue to

incur the same in the future.

Plaintiff Original Petition Page

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 4 of 24 PageID 10
8.2 Plaintiff expects his medical expenses

to exceed 70,000.

a. These expenses were incurred for necessary care and treatment of the injuries

resulting from the accident complained of.

b. They are reasonable and were the usual and customary charges made for services of the same kind in Dallas, Dallas County, Texas.

c. On this item of damage, Plaintiff further sues for pre-judgmentinterest for period of six (6) months from the date of the accident until the day ofjudgment.

8.3 Plaintiffwill also incur fiiture medical expenses.

9. LOST WAGES

9.1. Plaintiff would also show that as direct and proximate result of the above-mentioned

injuries, he has lost earnings and has sustained diminished earning capacity.

9.2 At the time of the incident complained of, Plaintiff, was gainfully employed as scanner

repair

technician.

a. As result of the injuries sustained, Plaintiff has suffered impairment and has

been required to reduce his work duties since the accident.

b. He has been damaged as result in the sum which exceeds the Court's jurisdiction

and Plaintiffwould show that $500,000 would compensate him for his lost earnings.

9.3 It is reasonably probable that Plaintiff‘s physical impairment resulting from the foregoing

injuries is of lasting nature and that his earning capacity will be diminished for the balance of

his life. Plaintiff would show that $500,000 would reasonably compensate him for such

damages.

The aforementioned acts and omissions with constitute negligence and negligence per se

were the proximate cause of serious bodily injuries and damagesto Plaintiff. By and through

Plaintiff Original Petition Page

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 5 of 24 PageID 11
such acts and/or omissions of said Defendant, Plaintiff has been made to suffer damages

in many

respects, including but not limited to the following particulars, to Wit:

a. Plaintiff, suffered extreme pain, suffering and mental anguish in the past and

present, an will in all likelihood continue to suffer such pain, suffering and mental anguish in the

future;

b. Plaintiff has incurred extensive medical expenses, in the past and in the present,

and in all likelihood will continue to incur extensive medical expenses

in the future;

c. Plaintiff has suffered loss of physical capacity, other than wage earning capacity,

in the past and present and will in all likelihood continue to suffer such loss of physical capacity,

other than wage earning capacity, in the future;

d. Plaintiff has suffered physical impairment and/or disfigurement, in the past and

present, and will in all likelihood continue to suffer such loss of physical impairment

in the

future.

e. Plaintiff has suffered loss of earning in the past and present and loss of earning

capacity in the future.

In addition, if it be shown that Plaintiff suffered from some preexisting injury, disease

and/or condition, then such was aggravated and exacerbated as proximate result of the

occurrence make the basis of this suit. Further, at the time there were injuries, Plaintiff was an

active Male of his age.

Defendant is hereby given notice that upon trial of this cause, expert testimony and/or

certified copy of the appropriate documents indicating Plaintiffs life expectancy will be

introduced into evidence at the time of trial of this cause.

Plaintiff Original Petition Page

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 6 of 24 PageID 12
Plaintiff respectfully assert his request that He be allowed to have his elements of

damages considered separately and individually in compensating Plaintiff for his losses, injuries,

damages incurred, and damages

to be incurred; and that each element of said damages be

considered separately and individually, segregating past and future losses, so that pre-judgment

interest due to said Plaintiff, may be computed as determined and allowed under the laws of the

State of Texas.

PRAYER

Plaintiff, prays that Defendant be duly cited to appear and answer herein and that upon

final trial hereof; Plaintiff, have judgment againstthe Defendant, for the full amount of their

damages actual and exemplary damages, with interest thereon at the maximum legal rate, both

pre-judgment and post judgment, that Plaintiff have and recover costs of Court against

the said

Defendant and that Plaintiff have and receive such other relief, general and specific, both at law

and in equity, to which Plaintiff may be justly entitled.

Respectfiilly Submitted,

By: _/s/_Jerry Alcorn

Jerry Alcorn SBN 00977500

3565 W. Walnut, Suite Garland, Texas 75042 972- 424-5337 Jerry@Alcornlegal.com

Attorney for Plaintiff

Plaintiff Original Petition Page

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 7 of 24 PageID 13
FILED

11/10/2021 12:22 PM

FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS ClT-ESERVE Christi Underwood DEPUTY

Law Oflice 0f JERRY ALCORN

3565 W. Walnut Street, Suite Garland, Texas 75042 972-424-533

Jerry@Alcornlegal.com

November 10, 2021

Dallas County Distn'ct Court Clerk

600 Commerce Street Dallas, TX 75202

Re: Roger Geary v. American Science and Engineering, Inc. DC- DC-21-16320

Dear Court Clerk:

Please issue citation in the above—mentioned case.

Issue citation to:

American Science and Engineering, Inc., Corporation Service Company d/b/a CSC-lawyers

Incorporating Service Company, at the corporation’s registered address, 211 E. 7th Street, Suite 620, Austin, Texas 78701-3136.

Please send the citation to my email address: erry@Alcomlegal.com.

Thank you for your prompt attention to this matter.

Jerry Alcorn

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 8 of 24 PageID 14
FORM NO. 353-3 CITATION

THE STATE OF TEXAS

To: AMERICAN SCIENCE AND ENGINEERING INC D/B/A RAPISCAN SYSTEMS,DEFENDANT REGISTERED AGENT CORPORATION SERVICE COMPANY DBA CSC-LAWYERS INCORPORATING SERVICE COMPANY

211 7TH ST STE 620 AUSTIN TX 78701-3136 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock a.m. ofthe Monday next following the expiration of

twenty days after you were served this citation and petition, default judgment may be taken against you. In addition

to filing written answer with the clerk, you may be required to make initial disclosures to the other parties ofthis

suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find

out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 68th District Court at 600 Commerce Street, Ste. 101, Dallas, Texas 75202.

Said Plaintiff being ROGER GEARY

Filed in said Court 8th day of November, 2021 against AMERICAN SCIENCE AND ENGINEERING INC D/B/A RAPISCAN SYSTEMS, DEFENDANT

For Suit, said suit being numbered DC-21-16320, the nature of which demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy of which accompanies this citation. Ifthis citation is not served, it shall be returned unexecuted.

“Malling”, st“ nu ’1: WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. éfigg- {‘{ffi

Given under my hand and the Seal of said Comt at office this 17th day ofNovember, 2021. gfif

‘v "if '55 F1 .— _:.-:

IE

._ ‘. ATTEST: FELICIA PITRE, Clerk ofthe District Courts ofDallas, County, Texas afi-

.....S815}?

.- fiimflnuiunfiwfi

By Deputy COURTNEY RUTLEDGE OT PAI

ESERVE

CITATION

DC-21-16320

ROGER GEARY

vs. AMERICAN SCIENCE AND ENGINEERING

INC

ISSUED THIS

17th day of November, 2021

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: COURTNEY RUTLEDGE, Deputy

Attorney for Plaintiff

JERRY ALCORN

3565 WALNUT STREET

SUITE GARLAND TX 75042 972-424-5337

'er alcornle 211.com ALLAS COUNTY SERVICE FEES

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 9 of 24 PageID 15
OFFICER'S RETURN

Case No. DC-21-16320

Court No.68t11 District Court

Style: ROGER GEARY

vs.

AMERICAN SCIENCE AND ENGINEERING INC

Came to hand on the day of 20 at o'clock .M. Executed at within the County of

at o‘clock .M. on the day of 20 by delivering to the within named

each in person, true copy of this Citation together with the accompanying copy ofthis pleading, having first endorsed on same date of delivery. The distance actually traveled by me in serving such process was miles

and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County,

For Notary By Deputy

(Must be verified if served outside the State ofTexas.)

Signed and sworn to by the said before me this day of 20

to certify which witness my hand and seal of office.

Notary Public County

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 10 of 24 PageID 16
 Plaintiffs First Amended Petition Page 1

Cause No. DC-21-16320

ROGER GEARY,

PLAINTIFF

§ IN THE DISTRICT COURT

vs. 68th JUDICIAL DISTRICT 

AMERICAN SCIENCE AND

ENGINEERING, INC.

d/b/a RAPISCAN SYSTEMS,

DEFENDANT

§

§ OF DALLAS, COUNTY, TEXAS

PLAINTIFF'S FIRST AMENDED PETITION

Roger Geary, Plaintiff, complains of American Science and Engineering, Inc., Defendant,

and for cause of action would respectfully show the Court as follows:

1. DISCOVERY CONTROL PLAN

1.1 Plaintiff requests a Level 2 discovery plan.

2. PARTIES

2.1 Plaintiff is Roger Geary, an individual who resides in the City of Garland, Dallas,

County, Texas.

2.2 Defendant, American Science and Engineering, Inc., 829 Middlesex Turnpike, Billerica,

MA USA 01821 is a Texas corporation purportedly duly organized under the laws of Texas,

and may be served with process by serving its registered agent, Corporation Service

Company d/b/a CSC-lawyers Incorporating Service Company, at the corporation’s registered

address, 211 E. 7

th Street, Suite 620, Austin, Texas 78701-3136.

3. FACTS

3.1 On or about November 8, 2019 Plaintiff, was working for Defendant in his course and

scope of business repairing a scanning machine. The company policy was to use lifts to carry

FILED

12/21/2021 11:35 AM

FELICIA PITRE

DISTRICT CLERK

DALLAS CO., TEXAS

Jenifer Trujillo DEPUTY

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 11 of 24 PageID 17
 Plaintiffs First Amended Petition Page 2

tools to the top of the scanning machines. Plaintiff’s employer told Plaintiff no lift was available

and to carry the tools himself and get the job done as soon as possible.

3.2 Plaintiff hurt his back carrying the heavy tools. Plaintiff reported the injury to his

employer then traveled back to Texas to seek medical treatment.

3.3 Plaintiff was informed by the Defendant that they had worker’s compensation insurance.

Plaintiff made a claim with the Texas Department of Insurance, Worker’s Compensation

Division and the claim was denied because Defendant does not have worker’s compensation

insurance.

4. CAUSE OF ACTION AND VENUE

4.1 This suit is brought in accordance with the laws of the State of Texas for the recovery of

damages which are in excess of the minimal jurisdictional limits of this Court, to which Plaintiffs

are entitled to receive as compensation for the injuries described below.

4.2 Plaintiff is a resident of Dallas, County, Texas.

4.3 Accordingly the Court has jurisdiction over this matter and Venue is proper in Dallas

County, Texas.

5. CAUSE OF ACTION AGAINST DEFENDANT

5.1 Plaintiff alleges that, Defendant was negligent and that Defendant’s negligence

proximately caused the incident wherein Plaintiff sustained personal injuries. Plaintiff’s damages

are in excess of the court’s minimum jurisdictional limits.

5.2 Defendant was negligent as follows:

a. In failing to provide a safe work environment,

b. In failing to provide lift assistance for carrying tools in excess of fifty pounds up a

ladder,

c. In failure to provide the proper safety harness and equipment to climb a ladder.

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 12 of 24 PageID 18
 Plaintiffs First Amended Petition Page 3

6. Alternative claims

Course and Scope of Employment:

6.1 On or about November 8, 2019 which was the date of the incident which caused

Plaintiff’s injuries, Plaintiff was acting in the course and scope of his employment and an agent

or servant for and on behalf of Defendant

Gross Negligence:

6.2 At the time the of the incident complained of herein, Defendant:

a. Knew the proper lift equipment was needed to carry tools over fifty pounds to the

top of a structure and the order was in violation of company policy;

b. Knew scaling a ladder carrying heavy equipment is extremely dangerous but

disregarded the know danger; and

c. Was aware of the extreme danger and ordered Plaintiff to carry the heavy tools

and equipment and knew it would result in injury to the Plaintiff.

Plaintiff would show that Defendant’s conduct constitutes a reckless disregard for the rights of

others and /or was the result of conscious indifference to the rights, welfare and safety of others.

Accordingly, Defendant was grossly negligent and such gross negligence was a proximate cause

of Plaintiff’s damages. Plaintiff is therefore entitled to recover punitive damages from

Defendant.

7. PERSONAL INJURIES

7.1 Plaintiff alleges that as a direct and proximate result of the negligent conduct of the

Defendant, he has suffered and is suffering from severe bodily injuries to his head, neck, back,

shoulders and legs resulting in injury to his or her body as a whole.

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 13 of 24 PageID 19
 Plaintiffs First Amended Petition Page 4

7.2 In connection with such injuries, Plaintiff has suffered severe physical pain and mental

anguish in the past and is suffering at the present, and in all reasonable probability will continue

to suffer for the rest of his or her life.

7.3 Plaintiff has necessarily incurred reasonable medical expenses in the past in the proper

diagnosis, care and treatment of his injuries. The injuries are such that, in reasonable probability,

he will necessarily continue to incur reasonable medical expenses in the future for the proper

care and treatment of the injuries.

7.4 Plaintiff has sustained physical pain, mental anguish, physical impairment and

disfigurement in the past, and will, in reasonable probability, sustain sustained physical pain,

mental anguish, physical impairment and disfigurement in the future. Plaintiff has lost wages in

the past and his injuries are such that, in reasonably probability, He will suffer a loss of wageearning capacity in the future.

7.5 Plaintiff would further show that his damages greatly exceed the sum of $500,000 and the

same would reasonably compensate him for his damages including but not limited to past,

present and future: medical expenses, pain and suffering, physical disability and impairment,

disfigurement, loss of enjoyment of life and mental anguish.

7.6 Plaintiff further sues for pre-judgment interest for the time period and amount allowed by

law from the date of the accident until the day of judgment.

8. MEDICAL EXPENSES

8.1 Plaintiff, would show that as a direct and proximate result of the above-mentioned

injuries he has been caused to incur doctor bills, hospital bills, and other medical expenses in the

past, is incurring the same at the present time and will, in all reasonable probability, continue to

incur the same in the future.

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 14 of 24 PageID 20
 Plaintiffs First Amended Petition Page 5

8.2 Plaintiff expects his medical expenses to exceed $ 70,000.

a. These expenses were incurred for necessary care and treatment of the injuries

resulting from the accident complained of.

b. They are reasonable and were the usual and customary charges made for services

of the same kind in Dallas, Dallas County, Texas.

c. On this item of damage, Plaintiff further sues for pre-judgment interest for a

period of six (6) months from the date of the accident until the day of judgment.

8.3 Plaintiff will also incur future medical expenses.

9. LOST WAGES

9.1. Plaintiff would also show that as a direct and proximate result of the above-mentioned

injuries, he has lost earnings and has sustained a diminished earning capacity.

9.2 At the time of the incident complained of, Plaintiff, was gainfully employed as a scanner

repair technician.

a. As a result of the injuries sustained, Plaintiff has suffered impairment and has

been required to reduce his work duties since the accident.

b. He has been damaged as a result in the sum which exceeds the Court's jurisdiction

and Plaintiff would show that $500,000 would compensate him for his lost earnings.

9.3 It is reasonably probable that Plaintiff's physical impairment resulting from the foregoing

injuries is of a lasting nature and that his earning capacity will be diminished for the balance of

his life. Plaintiff would show that $ $500,000 would reasonably compensate him for such

damages.

The aforementioned acts and omissions with constitute negligence and negligence per se

were the proximate cause of serious bodily injuries and damages to Plaintiff. By and through

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 15 of 24 PageID 21
 Plaintiffs First Amended Petition Page 6

such acts and/or omissions of said Defendant, Plaintiff has been made to suffer damages in many

respects, including but not limited to the following particulars, to wit:

a. Plaintiff, suffered extreme pain, suffering and mental anguish in the past and

present, an will in all likelihood continue to suffer such pain, suffering and mental anguish in the

future;

b. Plaintiff has incurred extensive medical expenses, in the past and in the present,

and in all likelihood will continue to incur extensive medical expenses in the future;

c. Plaintiff has suffered loss of physical capacity, other than wage earning capacity,

in the past and present and will in all likelihood continue to suffer such loss of physical capacity,

other than wage earning capacity, in the future;

d. Plaintiff has suffered physical impairment and/or disfigurement, in the past and

present, and will in all likelihood continue to suffer such loss of physical impairment in the

future.

e. Plaintiff has suffered loss of earning in the past and present and loss of earning

capacity in the future.

In addition, if it be shown that Plaintiff suffered from some preexisting injury, disease

and/or condition, then such was aggravated and exacerbated as a proximate result of the

occurrence make the basis of this suit. Further, at the time there were injuries, Plaintiff was an

active Male of his age.

Defendant is hereby given notice that upon trial of this cause, expert testimony and/or a

certified copy of the appropriate documents indicating Plaintiff’s life expectancy will be

introduced into evidence at the time of trial of this cause.

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 16 of 24 PageID 22
 Plaintiffs First Amended Petition Page 7

Plaintiff respectfully assert his request that He be allowed to have his elements of

damages considered separately and individually in compensating Plaintiff for his losses, injuries,

damages incurred, and damages to be incurred; and that each element of said damages be

considered separately and individually, segregating past and future losses, so that pre-judgment

interest due to said Plaintiff, may be computed as determined and allowed under the laws of the

State of Texas.

PRAYER

Plaintiff, prays that Defendant be duly cited to appear and answer herein and that upon

final trial hereof; Plaintiff, have judgment against the Defendant, for the full amount of their

damages actual and exemplary damages, with interest thereon at the maximum legal rate, both

pre-judgment and post judgment, that Plaintiff have and recover costs of Court against the said

Defendant and that Plaintiff have and receive such other relief, general and specific, both at law

and in equity, to which Plaintiff may be justly entitled.

Respectfully Submitted,

By: /s/ Jerry Alcorn

Jerry Alcorn SBN 00977500

3565 W. Walnut, Suite E

Garland, Texas 75042

972- 424-5337 Jerry@Alcornlegal.com

Attorney for Plaintiff

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 17 of 24 PageID 23
Automated Certificate of eService

This automated certificate of service was created by the efiling system.

The filer served this document via email generated by the efiling system

on the date and to the persons listed below. The rules governing

certificates of service have not changed. Filers must still provide a

certificate of service that complies with all applicable rules.

Jerry Alcorn

Bar No. 00977500

Jerry@AlcornLegal.com

Envelope ID: 60218173

Status as of 12/21/2021 11:47 AM CST

Case Contacts

Name

JERRY ALCORN

BarNumber Email

Jerry@Alcornlegal.com

TimestampSubmitted

12/21/2021 11:35:02 AM

Status

SENT

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 18 of 24 PageID 24
\'V

)V

68TH] “’9 OURT GEORGE L. ALLEN, SR. COURTS BUILDING

600 COMMERCE STREET, SUITE 510—B DALLAS, TEXAS 75202-4630 214-653-6510

January 12, 2022 AMERICAN SCIENCE AND ENGINEERING INC REGISTERED AGENT CORPORATION SERVICE COMPANY DBA CSC-LAWYERS INCORPORATING SERVICE COMPANY

211 7TH ST STE 620 AUSTIN TX 78701-3136

Re: DC-21-16320, ROGER GEARY VS. AMERICAN SCIENCE AND ENGINEERING INC NOTICE OF INTENT TO DISMISS

Please take notice that, pursuantto Rule 165A of the Texas Rule of Civil Procedure and the Court’s inherent power, the Court intends to dismiss the above captioned action for want of prosecution

for one or more of the following reasons:

() Plaintiff has yet

to obtain service on one or more defendants.

() Plaintiff has yet

to file motion for default judgment against one or more defendants, though

defendant was served and time to answer has expired.

() Plaintiff’ motion for default judgment was denied.

() Failure to attend scheduling conference or provide an agreed scheduling order prior

to

scheduling conference date.

() Parties have yet

to provide judgment following verdict at trial.

() Parties have yet

to provide judgment/dismissal following announcement of settlement.

() Other reasons reflected in the file.

Hearing is set for 03/14/2022 9:00 A.M. If you wish to retain the case on the docket, you

appear at the hearing. 0r contact the Coordinator in reasonable amount of time prior to the hearing to request an extension. Failure to appear and show good cause why this case should not be

continued on the court’s docket will result in dismissal.

Sincerely, Martin J. Hoffman District Judge

68th District Court Dallas County, Texas

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 19 of 24 PageID 25
DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL TO FEDERAL COURT P AGE | 1

CAUSE NO. DC-21-16320

ROGER GEARY,

Plaintiff,

v.

AMERICAN SCIENCE AND 

ENGINEERING, INC., d/b/a RAPISCAN 

SYSTEMS,

Defendants.

§

§

§

§

§

§

§

§

§

IN THE DISTRICT COURT

68TH JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL TO FEDERAL COURT

PLEASE TAKE NOTE THAT, on March 8, 2022, Defendant American Science and 

Engineering, Inc., d/b/a Rapiscan Systems, filed a Notice of Removal, pursuant to 28 U.S.C. §§ 

1332, 1441, and 1446, removing this matter to the United States District Court for the Northern 

District of Texas. A true and correct copy of the Notice of Removal is attached as Exhibit 1.

PLEASE TAKE FURTHER NOTICE that, upon the filing of the Notice of Removal with 

the Clerk of the United States District Court for the Northern District of Texas, the Defendant has 

effected removal and the District Court shall proceed no further in this action unless and until this 

case is remanded pursuant to 28 U.S.C. § 1446(d).

 Respectfully submitted, 

LASATER & MARTIN, P.C.

5605 N. MacArthur Boulevard, Suite 320

Las Colinas, Texas 75038

Janet B. Martin: (303) 730-3900

Katie L. Spring: (972) 587-0390

Facsimile: (972) 525-5327 

Janet@LasaterandMartin.com

KSpring@LasaterandMartin.com

/s/ Katie L. Spring

JANET B. MARTIN

State Bar No. 02062000

KATIE L. SPRING

State Bar No. 24055163

ATTORNEYS FOR DEFENDANTS

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 20 of 24 PageID 26
DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL TO FEDERAL COURT P AGE | 2

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing instrument was filed and served on 

all counsel of record via Efile.TxCourts.gov in accordance with the Texas Rules of Civil Procedure 

on March 8, 2022. 

Counsel for Plaintiff 

Jerry Alcorn

3565 W. Walnut, Suite E

Garland, TX 75042

972-424-5337

Jerry@Alcornlegal.com

/s/ Katie L. Spring

Katie L. Spring

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 21 of 24 PageID 27
Case Information

DC-21-16320 | ROGER GEARY vs. AMERICAN SCIENCE AND ENGINEERING INC

Case Number

DC-21-16320

Court

68th District Court

Judicial Officer

HOFFMAN, MARTIN

File Date

11/08/2021

Case Type

OTHER PERSONAL INJURY

Case Status

OPEN

Party

PLAINTIFF

GEARY, ROGER

Active Attorneys 

Lead Attorney

ALCORN, JERRY A

Retained

DEFENDANT

AMERICAN SCIENCE AND ENGINEERING INC

Aliases

DBA RAPISCAN SYSTEMS 

Address

REGISTERED AGENT CORPORATION SERVICE COMPANY

DBA CSC-LAWYERS INCORPORATING SERVICE COMPANY

211 E 7TH ST STE 620

AUSTIN TX 78701-3136

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 22 of 24 PageID 28
Events and Hearings

11/08/2021 NEW CASE FILED (OCA) - CIVIL

11/08/2021 ORIGINAL PETITION 

ORIGINAL PETITION

11/10/2021 REQUEST FOR SERVICE 

LETTER

11/10/2021 ISSUE CITATION 

CITATION- AMERICAN SCIENCE AND ENGINERRING INC

11/17/2021 CITATION 

Unserved

Anticipated Server

ESERVE

Anticipated Method

Comment

AMERICAN SCIENCE AND ENGINEERING

12/21/2021 AMENDED PETITION 

1ST AMENDED PETITION

Comment

1ST

03/14/2022 DISMISSAL FOR WANT OF PROSECUTION 

Dismissal Notice

Dismissal Notice

Judicial Officer

HOFFMAN, MARTIN

Hearing Time

8:58 AM

Comment

1ST SETTING ON DWOP - EITHER SERVICE IS NEEDED OR A DEFAULT - MLD NTC TO PLT ATTY

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 23 of 24 PageID 29
Financial

Documents

ORIGINAL PETITION

LETTER

CITATION- AMERICAN SCIENCE AND ENGINERRING INC

1ST AMENDED PETITION

Dismissal Notice

Dismissal Notice

GEARY, ROGER

Total Financial Assessment $300.00

Total Payments and Credits $300.00

11/9/2021 Transaction Assessment $292.00

11/9/2021 CREDIT CARD - TEXFILE

(DC)

Receipt # 74693-2021-

DCLK

GEARY,

ROGER

($292.00)

11/12/2021 Transaction Assessment $8.00

11/12/2021 CREDIT CARD - TEXFILE

(DC)

Receipt # 75637-2021-

DCLK

GEARY,

ROGER

($8.00)

Case 3:22-cv-00551-C Document 1-2 Filed 03/08/22 Page 24 of 24 PageID 30