NO. _________________

WILLIAM STAMPER, § IN THE DISTRICT COURT

Plaintiff, §

§

V. § ____ JUDICIAL DISTRICT 

§

WAL-MART STORES TEXAS, LLC

d/b/a WALMART SUPERCENTER

#286,

§

§

§

Defendant. § ENNIS COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Plaintiff William Stamper complaining of and about Defendant WalMart Stores Texas, LLC d/b/a Walmart Supercenter #286 and for causes of action would show 

unto the Court the following:

I. DISCOVERY CONTROL PLAN LEVEL

1. Plaintiff pleads that discovery in this matter shall be conducted under level II 

discovery control plan pursuant to Texas Rules of Civil Procedure 190.3. 

II. PARTIES AND SERVICE

2. Plaintiff William Stamper (“Plaintiff”) is an individual who is a resident of Ennis

County, Texas. The last three numbers of Plaintiff’s driver’s license and social security number 

are 607 and 531, respectively.

3. Defendant Wal-Mart Stores Texas, LLC d/b/a Walmart Supercenter #286

(“Defendant”) is a foreign corporation which at all times conducted business in the State of 

Texas. Defendant’s corporate headquarters are located at 702 SW 8th Street, Bentonville, 

Arkansas 72716-8611. This lawsuit arises out of Defendant’s business done in this state. 

Defendant may be served with process by serving its registered agent, C T Corporation System, 

107690

Filed 2/8/2022 3:58 PM

Melanie Reed

District Clerk

Ellis County, Texas

40TH

EXHIBIT C

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 1 of 24 PageID 11
__________________________________________________________

PLAINTIFF’S ORIGINAL PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 2 of 7

1999 Bryan Street, Suite 900, Dallas, Texas 75201.

III. JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this lawsuit. Plaintiff’s claims involve 

Texas statutory and common law. The amount in controversy is within this Court’s jurisdictional 

limit.

5. This Court has personal jurisdiction over the parties. All the parties are either 

individuals or corporate residents of the State of Texas, have sufficient minimum contacts with 

the State of Texas, and/or have purposefully availed themselves of the laws and markets of the 

State of Texas so as to not offend traditional notions of fair play and substantial justice. 

6. This Court is the proper venue to hear this lawsuit pursuant to Tex. Civ. Prac. & 

Rem. Code §15.002(a)(1)-(3) because the events giving rise to this lawsuit occurred in Ennis 

County, Texas.

IV. FACTS

7. On or about March 3, 2020, Plaintiff was a customer at Walmart Supercenter #286

located at 700 E. Ennis Ave., Ennis, Texas 75118. At all times material hereto, Defendant is the 

owners, possessors, operators, and/or managers of the premises located at 700 E. Ennis Ave., 

Ennis, Texas 75118.

8. Plaintiff entered upon said premises as a customer. He entered on the said property 

of Defendant as a patron and at the invitation of Defendant. While on the premises, Plaintiff used 

a scooter provided by Defendant. After shopping and checking out, Plaintiff attempted to exit the 

store through the gates located at the entry/exit way. The gate closed on him pinning him inside. 

As a direct and proximate result of the incident, Plaintiff suffered personal injuries and resulting 

damages.

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 2 of 24 PageID 12
__________________________________________________________

PLAINTIFF’S ORIGINAL PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 3 of 7

V. CAUSES OF ACTION

A. NEGLIGENCE

9. Plaintiff repleads the foregoing factual allegations as if here quoted verbatim and set 

forth herein at length. 

10. Defendant owed duties of ordinary care to Plaintiff and other customers. The conduct 

of Defendant’s agent, servant, and/or employee as outlined above breached those duties through 

various acts and/or omissions, including the following, each of which singularly or in 

combination with others, constitute acts of negligence that were a direct and proximate cause of 

the occurrence in question and the resulting injuries or damages set forth herein: 

a. failing to properly maintain the gates located at the entry/exit way;

b. failing to adequately warn of hazards; and

c. other acts of negligence and negligence per se.

11. As a direct and proximate result of the foregoing acts and/or omissions, Plaintiff 

suffered personal injuries and resulting damages in an amount to be determined at trial. 

B. PREMISE LIABILITY

12. Plaintiff repleads the foregoing factual allegations as if here quoted verbatim and set 

forth herein at length 

13. Defendant owed a duty to Plaintiff to exercise ordinary care in its ownership, 

possession, control, maintenance, operation, inspection, and use of Defendant’s premises to 

reduce or eliminate the unreasonable risk of harm created by a condition of the Defendant’s

premises which Defendant knew about or in the exercise of ordinary care should have known 

about.

14. Defendant owed a duty to inspect and repair any defects and a duty to repair the 

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 3 of 24 PageID 13
__________________________________________________________

PLAINTIFF’S ORIGINAL PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 4 of 7

defects adequately and competently.

15. Defendant, acting through its agents, servants and/or employees, failed to use that 

degree of care which an owner or occupier of ordinary prudence would have used under the same 

or similar circumstances in the following particulars:

a. failing to properly inspect the premises for defects;

b. failing to properly maintain the property and structures thereupon;

c. failing to adequately warn of hazards on the property;

d. failing to properly make needed repairs;

e. failing to make periodic inspections and repairs to common areas; and

f. other acts of negligence and negligence per se.

16. As a direct and proximate result of the foregoing acts and/or omissions, Plaintiff 

suffered personal injuries and resulting damages in an amount to be determined at trial.

C. RESPONDEAT SUPERIOR

17. Plaintiff repleads the foregoing factual allegations as if herein quoted verbatim and 

set forth herein at length.

18. Under the doctrine of Respondeat Superior, Defendant is vicariously liable for the 

negligence as alleged above by any agent, servant, and/or employee while acting within the 

scope of employment which caused Plaintiff’s damages. Defendant is also vicariously liable for 

the negligence as alleged above by any agent, servant, and/or employee while acting in the 

furtherance of a mission for the benefit of Defendant and subject to control by Defendant as to 

the details of the mission.

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 4 of 24 PageID 14
__________________________________________________________

PLAINTIFF’S ORIGINAL PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 5 of 7

VI. DAMAGES

19. As a direct and proximate result of the incident making the basis of this lawsuit, 

Plaintiff suffered and will in all reasonable probability continue to suffer the following actual 

damages, the dollar value of which exceeds the minimal jurisdictional limits of this Court: 

a. Medical treatment paid or incurred in the past; 

b. Medical treatment which will be necessary in the future; 

c. Past and future pain and suffering; 

d. Past and future mental anguish; 

e. Physical disfigurement; 

f. Past and future impairment; 

g. Lost wages; and

h. Loss of past and future earning capacity; 

20. Pursuant to TEX. R. CIV. P. 47, Plaintiff seeks monetary relief over $250,000 but 

not more than $1,000,000. Plaintiff’s counsel offers this statement for informational purposes 

only as required by TEX. R. CIV. P. 47 and reserves the right to change or amend it as the 

evidence deems necessary. The amount of monetary relief actually awarded, however, will 

ultimately be determined by a jury. Plaintiff also seeks prejudgment and post-judgment interest 

at the highest legal rate. 

VII. PRESERVATION OF EVIDENCE

21. Plaintiff hereby requests and demands that Defendant preserve and maintain all 

evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit, 

or the damages resulting therefrom, including photographs, videotapes, audiotapes, recordings, 

business or medical records; bills; estimates; invoices; checks; measurements; correspondence; 

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 5 of 24 PageID 15
__________________________________________________________

PLAINTIFF’S ORIGINAL PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 6 of 7

memoranda; files; any item which has been removed from the premises which was involved in 

the incident; facsimile; email; voicemail; text messages; investigation; cellular telephone records; 

calendar entries; and any electronic image, data, or information related to Plaintiff, the 

referenced incident, or any damages resulting therefrom. Failure to maintain such items will 

constitute a spoliation of the evidence. 

VIII. RULE 193.7 NOTICE

22. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives 

actual notice to Defendant that any and all documents produced may be used against the 

Defendant producing the document at any pretrial proceeding and/or at the trial of this matter 

without the necessity of authenticating the documents. 

PRAYER

WHEREFORE, Plaintiff prays that Defendant be cited according to law to appear and 

answer herein, and that upon final trial, Plaintiff have judgment against Defendant as follows: 

a. An award of actual damages; 

b. An award of pre-judgment interest; 

c. An award of post-judgment interest; 

d. And other relief the Court determines is just under the circumstances. 

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 6 of 24 PageID 16
__________________________________________________________

PLAINTIFF’S ORIGINAL PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 7 of 7

Respectfully submitted, 

ANDREW J. WOOLEY

Texas Bar No. 24077780

Email: awooley@wooleylaw.com

THE LAW OFFICE OF ANDREW J. WOOLEY 

10440 N. Central Expressway, Suite 1290

Dallas, Texas 75231

Tel. (214) 699-6524

Fax. (214) 853-5047

Attorney for Plaintiff 

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 7 of 24 PageID 17
NO. 107690

WILLIAM STAMPER,

Plaintiff,

V.

WAL-MART STORES TEXAS, LLC

d/b/a WALMART SUPERCENTER

#286,

Defendant.

Filed 2/10/2022 11:20 AM

Melanie Reed

District Clerk

Ellis County, Texas

IN THE DISTRICT COURT

40

th JUDICIAL DISTRICT

ELLIS COUNTY, TEXAS

PLAINTIFF'S FIRST AMENDED PETITION 

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Plaintiff William Stamper complaining of and about Defendant WalMart Stores Texas, LLC d/b/a Walmart Supercenter #286 and for causes of action would show

unto the Court the following:

I. DISCOVERY CONTROL PLAN LEVEL

1. Plaintiff pleads that discovery in this matter shall be conducted under level II

discovery control plan pursuant to Texas Rules of Civil Procedure 190.3.

PARTIES AND SERVICE

2. Plaintiff William Stamper ("Plaintiff') is an individual who is a resident of Ellis

County, Texas. The last three numbers of Plaintiff's driver's license and social security number

are 607 and 531, respectively.

3. Defendant Wal-Mart Stores Texas, LLC d/b/a Walmart Supercenter #286

("Defendant") is a foreign corporation which at all times conducted business in the State of

Texas. Defendant's corporate headquarters are located at 702 SW 8th Street, Bentonville,

Arkansas 72716-8611. This lawsuit arises out of Defendant's business done in this state.

Defendant may be served with process by serving its registered agent, C T Corporation System,

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 8 of 24 PageID 18
1999 Bryan Street, Suite 900, Dallas, Texas 75201.

IlL JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this lawsuit. Plaintiff's claims involve

Texas statutory and common law. The amount in controversy is within this Court's jurisdictional

limit.

5. This Court has personal jurisdiction over the parties. All the parties are either

individuals or corporate residents of the State of Texas, have sufficient minimum contacts with

the State of Texas, and/or have purposefully availed themselves of the laws and markets of the

State of Texas so as to not offend traditional notions of fair play and substantial justice.

6. This Court is the proper venue to hear this lawsuit pursuant to Tex. Civ. Prac. &

Rem. Code §15.002(a)(1)-(3) because the events giving rise to this lawsuit occurred in Ellis

County, Texas.

IV. FACTS

7. On or about March 3, 2020, Plaintiff was a 'customer at Walmart Supercenter #286

located at 700 E. Emits Ave., Ennis, Texas 75118. At all times material hereto, Defendant is the

owners, possessors, operators, and/or managers of the premises located at 700 E. Ennis Ave.,

Ennis, Texas 75118.

8. Plaintiff entered upon said premises as a customer. He entered on the said property

of Defendant as a patron and at the invitation of Defendant. While on the premises, Plaintiff used

a scooter provided by Defendant. After shopping and checking out, Plaintiff attempted to exit the

store through the gates located at the entry/exit way. The gate closed on him pinning him inside.

As a direct and proximate result of the incident, Plaintiff suffered personal injuries and resulting

damages.

PLAINTIFF'S FIRST AMENDED PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 2 of 7

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 9 of 24 PageID 19
V. CAUSES OF ACTION

A. NEGLIGENCE 

9. Plaintiff repleads the foregoing factual allegations as if here quoted verbatim and set

forth herein at length.

10. Defendant owed duties of ordinary care to Plaintiff and other customers. The conduct

of Defendant's agent, servant, and/or employee as outlined above breached those duties through

various acts and/or omissions, including the following, each of which singularly or in

combination with others, constitute acts of negligence that were a direct and proximate cause of

the occurrence in question and the resulting injuries or damages set forth herein:

a. failing to properly maintain the gates located at the entry/exit way;

b. failing to adequately warn of hazards; and

c. other acts of negligence and negligence per se.

1 1. As a direct and proximate result of the foregoing acts and/or omissions, Plaintiff

suffered personal injuries and resulting damages in an amount to be determined at trial.

B. PREMISE LIABILITY 

12. Plaintiff repleads the foregoing factual allegations as if here quoted verbatim and set

forth herein at length

13. Defendant owed a duty to Plaintiff to exercise ordinary care in its ownership,

possession, control, maintenance, operation, inspection, and use of Defendant's premises to

reduce or eliminate the unreasonable risk of harm created by a condition of the Defendant's

premises which Defendant knew about or in the exercise of ordinary care should have known

about.

14. Defendant owed a duty to inspect and repair any defects and a duty to repair the

PLAINTIFF'S FIRST AMENDED PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 3 of 7

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 10 of 24 PageID 20
defects adequately and competently.

15. Defendant, acting through its agents, servants and/or employees, failed to use that

degree of care which an owner or occupier of ordinary pnidence would have used under the same

or similar circumstances in the following particulars:

a. failing to properly inspect the premises for defects;

b. failing to properly maintain the property and structures thereupon;

c. failing to adequately warn of hazards on the property;

d. failing to properly make needed repairs;

e. failing to make periodic inspections and repairs to common areas; and

f. other acts of negligence and negligence per se.

16. As a direct and proximate result of the foregoing acts and/or omissions, Plaintiff

suffered personal injuries and resulting damages in an amount to be determined at trial.

C. RESPONDEAT SUPERIOR 

17. Plaintiff repleads the foregoing factual allegations as if herein quoted verbatim and

set forth herein at length.

18. Under the doctrine of Respondeat Superior, Defendant is vicariously liable for the

negligence as alleged above by any agent, servant, and/or employee while acting within the

scope of employment which caused Plaintiffs damages. Defendant is also vicariously liable for

the negligence as alleged above by any agent, servant, and/or employee while acting in the

furtherance of a mission for the benefit of Defendant and subject to control by Defendant as to

the details of the mission.

PLAINTIFF'S FIRST AMENDED PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 4 of 7

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 11 of 24 PageID 21
VI. DAMAGES

19. As a direct and proximate result of the incident making the basis of this lawsuit,

Plaintiff suffered and will in all reasonable probability continue to suffer the following actual

damages, the dollar value of which exceeds the minimal jurisdictional limits of this Court:

a. Medical treatment paid or incurred in the past;

b. Medical treatment which will be necessary in the future;

c. Past and future pain and suffering;

d. Past and future mental anguish;

e. Physical disfigurement;

f. Past and future impairment;

g. Lost wages; and

h. Loss of past and future earning capacity;

20. Pursuant to TEX. R. CIV. P. 47, Plaintiff seeks monetary relief over $250,000 but

not more than $1,000,000. Plaintiff's counsel offers this statement for informational purposes

only as required by TEX. R. CIV. P. 47 and reserves the right to change or amend it as the

evidence deems necessary. The amount of monetary relief actually awarded, however, will

ultimately be determined by a jury. Plaintiff also seeks prejudgment and post-judgment interest

at the highest legal rate.

VII. PRESERVATION OF EVIDENCE

21. Plaintiff hereby requests and demands that Defendant preserve and maintain all

evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit,

or the damages resulting therefrom, including photographs, videotapes, audiotapes, recordings,

business or medical records; bills; estimates; invoices; checks; measurements; correspondence;

PLAINTIFF'S FIRST AMENDED PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 5 of 7

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 12 of 24 PageID 22
memoranda; files; any item which has been removed from the premises which was involved in

the incident; facsimile; email; voicemail; text messages; investigation; cellular telephone records;

calendar entries; and any electronic image, data, or information related to Plaintiff, the

referenced incident, or any damages resulting therefrom. Failure to maintain such items will

constitute a spoliation of the evidence.

VIII. RULE 193.7 NOTICE

22. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives

actual notice to Defendant that any and all documents produced may be used against the

Defendant producing the document at any pretrial proceeding and/or at the trial of this matter

without the necessity of authenticating the documents.

PRAYER

WHEREFORE, Plaintiff prays that Defendant be cited according to law to appear and

answer herein, and that upon final trial, Plaintiff have judgment against Defendant as follows:

a. An award of actual damages;

b. An award of pre-judgment interest;

c. An award of post-judgment interest;

d. And other relief the Court determines is just under the circumstances.

PLAINTIFF'S FIRST AMENDED PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 6 of 7

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 13 of 24 PageID 23
Resp ctfully submitted,

ANDREW J. WLEY

Texas Bar No. 2 77780

Email: awooley@wooleylaw.com

THE LAW OFFICE OF ANDREW J. WOOLEY

10440 N. Central Expressway, Suite 1290

Dallas, Texas 75231

Tel. (214) 699-6524

Fax. (214) 853-5047

Attorney for Plaintiff

PLAINTIFF'S FIRST AMENDED PETITION

Stamper v. Wal-Mart Stores Texas, LLC

Page 7 of?

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 14 of 24 PageID 24
Service of Process

Transmittal

02/25/2022

CT Log Number 541121909

TO: KIM LUNDY- EMAIL

Walmart Inc.

GLOBAL GOVERNANCE/CENTRAL INTAKE, 2914 SE I STREET MS#0200

BENTONVILLE, AR 72712-3148

RE: Process Served in Texas

FOR: Wal-Mart Stores Texas, LLC  (Domestic State: DE)

Page 1 of  1 / DP

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:

 

TITLE OF ACTION: Re: STAMPER WILLIAM // To: Wal-Mart Stores Texas, LLC

DOCUMENT(S) SERVED: Citation, Return, First Amended Petition

COURT/AGENCY: 40th Judicial District Court Ellis County, TX

Case # 107690

NATURE OF ACTION: Personal Injury - Failure to Maintain Premises in a Safe Condition - 03/03/2020 -

Walmart Supercenter #286 - 700 E. Emits Ave., Ennis, Texas 75118

ON WHOM PROCESS WAS SERVED: C T Corporation System, Dallas, TX

DATE AND HOUR OF SERVICE: By Process Server on 02/25/2022 at 03:11

JURISDICTION SERVED : Texas

APPEARANCE OR ANSWER DUE: By 10:00 a.m. on the Monday next following the expiration of 20 days after service

ATTORNEY(S) / SENDER(S): Andrew J. Wooley

The Law Office of Andrew J. Wooley

10440 N. Central Expressway, Suite 1290

Dallas, TX 75231

214-699-6524

ACTION ITEMS: CT has retained the current log, Retain Date: 02/26/2022, Expected Purge Date:

03/03/2022

Image SOP

REGISTERED AGENT ADDRESS: C T Corporation System

1999 Bryan Street

Suite 900

Dallas, TX 75201

877-564-7529

MajorAccountTeam2@wolterskluwer.com

The information contained in this Transmittal is provided by CT for quick reference only. It does not constitute a legal opinion, and should not otherwise be

relied on, as to the nature of action, the amount of damages, the answer date, or any other information contained in the included documents. The recipient(s)

of this form is responsible for reviewing and interpreting the included documents and taking appropriate action, including consulting with its legal and other

advisors as necessary. CT disclaims all liability for the information contained in this form, including for any omissions or inaccuracies that may be contained

therein.

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 15 of 24 PageID 25
Date:

Server Name:

PROCESS SERVER DELIVERY DETAILS

Fri, Feb 25, 2022

Ricky Randall

Wolters Kluwer

Entity Served WAL-MART STORES TEXAS, LLC

Case Number 107690

J urisdiction TX

1 II 1 1 1II 1 II II 1III I 1 I III III 1

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 16 of 24 PageID 26
2. <25z2-.

THE STATE OF TEXAS

COUNTY OF ELLIS

CAUSE NO: 107690 

CITATION

iTO: WAL-MART STORES TEXAS, LLC D/B/A WALMART SUPERCENTER #286

REG. AGENT: CT CORPORATION SYSTEM

1999 BRYAN ST, STE 900

DALLAS, TX 75201

DEFENDANT, in the hereinafter styled and numbered cause: 107690

You are hereby commanded to appear before 40TH JUDICIAL DISTRICT COURT of ELLIS COUNTY, TEXAS to be held at thillj

courthouse of said county in the City of Waxahachie, County of Ellis County, Texas, by filing a written answer to the PLAINTIFF'S A

iFIRST AMENDED PETITION at or before 10:00 A.M. of the Monday next after the expiration of 20 days after the date of servicel:

- hereof, a copy of which accompanies this citation, in cause number 107690 styled

ii

•

••

1;

•

STAMPER, WILLIAM

-VSWAL-MART STORES TEXAS, LLC D/B/A

WALMART SUPERCENTER #286

(Filed in said court on the 02/08/2022

The name and address of the attorney for PLAINTIFF, or the address of the PLAINTIFF is: ANDREW J WOOLEY , 10440 N.

CENTRAL EXPY, STE 1290, DALLAS, TX 75231.

NOTICE TO DEFENDANT: "You have been sued. You may employ an attorney. If you or your attorneys do not file a written

answer with the clerk who issued this citation by 10:00 A.M. on the Monday next following thc expiration of 20 days after you wet e

served this citation and petition, a Default Judgment may be taken against you. In addition to filing a written answcr with thc clerk,

you may be required to make initial disclosures to the other parties of this 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."

WITNESS: Melanie Reed, District Clerk of the District Court of Ellis County, Texas.

4 ISSUED AND GIVEN UNDER MY HAND AND SEAL OF SAID COURT AT COUNTY OF ELLIS, TEXAS, ON THIS THE

t

18th day of February, 2022.

SEAL

\c•T C04&

..•• •• •

.•

,

s 0

•

• < =

••..%

r OF

ttttttttttttttttttt 00'

Melanie Reed, District Clerk

109 S. Jackson Street Rm. 209

Waxaha ie, TX 7 65

By

Ma •eputy

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 17 of 24 PageID 27
SERVICE RETURN - CAUSE # 107690

STAMPER, WILLIAM IN THE 40TH JUDICIAL DISTRICT COURT

-VS- OF

WAL-MART STORES TEXAS, LLC D/B/A ELLIS COUNTY, TEXAS

WALMART SUPERCENTER #286

NAME AND ADDRESS FOR SERVICE:

WAL-MART STORES TEXAS, LLC D/B/A

REG. AGENT:CT CORPORATION SYSTEM

1999 BRYAN ST, STE 900

DALLAS, TX 75201

Came to hand on the day of , 20 , at , o'clock .m., and executed in

County, Texas by delivering to the within named defendants, in person, a true copy of this Citation with

the date of delivery endorsed thereon. together with the accompanying copy of the PLAINTIFF'S FIRST AMENDED PETITION , at

the following times and places, to-wit:

Name Date/Time Place, Course and Distance from Courthouse

And not executed as to the defendant(s),

The cause or failure to execute this process and the diligence used in finding said defendant(s) being:

and the information received as to the whereabouts of said defendant(s) being:

FEES: , Sheriff, Constable, or Court Clerk ONLY

Serving Petition and Copy $ (All others below)

Total County, Texas

By: , Deputy

Affiant

COMPLETE AND SIGN IF YOU ARE A PERSON OTHER THAN A SHERIFF, CONSTABLE, OR CLERK OF THE COURT. 

In accordance with Rule 107: The officer or authorized person who serves, or attempts to serve, a citation shall sign the return. The return must

either be verified or be signed under penalty of perjury. A return signed under penalty of perjury must contain the statement below in substantially

the following form:

"My name is , my date of birth is , and my address is

(First, Middle, Last)

(Street, City, Zip)

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed in County, State of on the day of 

RETURN TO:

Melanie Reed Ellis County District Clerk

109 S. Jackson Street Rm. 209

Waxahachie, TX 75165

Declarant/Authorized Process Server

(Id # & expiration of certification)

STATE OF TEXAS §

COUNTY OF ELLIS §

SIGNED under oath before me on this day of

,20 .

Notary Public, State of Texas

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 18 of 24 PageID 28
CAUSE	NO.	107690

WILLIAM	STAMPER §

§

IN	THE	COURT	OF

Plaintiff, §

VS. §

§

ELLIS	COUNTY,	TEXAS

WAL-MART	STORES	TEXAS,	LLC	D/B/A	WALMART

SUPERCENTER	#	286

§

Defendant. § IN	THE	40TH	JUDICIAL	DISTRICT

AFFIDAVIT	OF	SERVICE

"The	following	came	to	hand	on	Feb	18,	2022,	1:04	pm,

CITATION,	PLAINTIFF'S	FIRST	AMENDED	PETITION,

and	was	executed	at	1999	Bryan	St	900,	Dallas,	TX	75201 within	the	county	of	DALLAS at	02:03	PM on	Fri,	Feb	25	2022,

by	delivering	a	true	copy	to	the	within	named

WAL-MART	STORES	TEXAS,	LLC	D/B/A	WALMART	SUPERCENTER	#	286	REG	AGENT	CT	CORP	SYSTEM

in	person,	having	first	endorsed	the	date	of	delivery	on	same.

SERVICE	WAS	RECEIVED	BY	CT	CORP	SYSTEMS	INTAKE	SPECIALIST	KIRK	ATKINS

I	am	a	person	over	eighteen	(18)	years	of	age	and	I	am	competent	to	make	this	affidavit.	I	am	a	resident	of	the	State	of

Texas.	I	am	familiar	with	the	Texas	Rules	of	Civil	Procedure	as	they	apply	to	service	of	Process.	I	am	not	a	party	to	this

suit	nor	related	or	affiliated	with	any	herein,	and	have	no	interest	in	the	outcome	of	the	suit.	I	have	never	been	convicted

of	a	felony	or	of	a	misdemeanor	involving	moral	turpitude.	I	have	personal	knowledge	of	the	facts	stated	herein	and	they

are	true	and	correct."

My	name	is	Ricky	E.	Randall,	my	date	of	birth	is	07/18/1954,	and	my	address	is	P	O	Box	360463,	Dallas,	TX	75336,	and

United	States	of	America.	I	declare	under	penalty	of	perjury	that	the	foregoing	is	true	and	correct.

Executed	in	DALLAS	County,	State	of	TX,	on	February	25,	2022.

Ricky	E.	Randall	

Certification	Number:	PSC	10253	

Certification	Expiration:	04/30/23

107690

Ellis County - District Clerk

Filed 2/28/2022 12:26 PM

Melanie Reed

District Clerk

Ellis County, Texas

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Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 20 of 24 PageID 30
Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 21 of 24 PageID 31
DEFENDANT’S ORIGINAL ANSWER PAGE 1

533303

CAUSE NO. 107690

WILLIAM STAMPER § IN THE DISTRICT COURT

§

§

VS. § ELLIS COUNTY, TEXAS

§

WAL-MART STORES TEXAS, LLC §

d/b/a WALMART SUPERCENTER #286 § 40TH JUDICIAL DISTRICT

DEFENDANT’S ORIGINAL ANSWER

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Wal-Mart Stores Texas, LLC d/b/a Walmart Supercenter #286 

(incorrectly sued, proper entity is Wal-Mart Stores Texas, LLC), Defendant in the above-entitled 

and numbered cause, and files its Original Answer to Plaintiff’s First Amended Petition, and would 

respectfully show the Court as follows:

I. GENERAL DENIAL

Defendant generally denies the allegations contained in Plaintiff’s First Amended Petition, 

demands strict proof thereof, and says this is a matter for jury decision. 

II. RULE 193.7 NOTICE

Pursuant to TEXAS RULES OF CIVIL PROCEDURE 193.7, Defendant provides notice that it

intends to use Plaintiff’s production of all documents, tangible things and discovery items 

produced in response to discovery in any pre-trial proceeding or at trial.

III. JURY DEMAND

Defendant further demands a trial by jury.

WHEREFORE, PREMISES CONSIDERED, Defendant prays that upon final hearing 

hereof, Plaintiff take nothing by this suit, that Defendant recover its costs, and that Defendant have 

such other and further relief, both at law and in equity, to which it may be justly entitled.

Filed 3/21/2022 9:03 AM

Melanie Reed

District Clerk

Ellis County, Texas

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DEFENDANT’S ORIGINAL ANSWER PAGE 2

533303

Respectfully submitted,

COBB MARTINEZ WOODWARD PLLC

1700 Pacific Avenue, Suite 3100

Dallas, TX 75201

(214) 220-5210 (phone)

(214) 220-5299 (fax)

By: /s/ Stacy Hoffman Bruce

STACY HOFFMAN BRUCE

Texas Bar No. 24036793

sbruce@cobbmartinez.com

ATTORNEYS FOR DEFENDANT

CERTIFICATE OF SERVICE

I certify a true and correct copy of this document has been forwarded to counsel for Plaintiff 

either by e-service, telefax, electronic mail, and/or regular U.S. mail on this 21st day of March, 

2022:

Andrew J. Wooley

The Law Office of Andrew J. Wooley

10440 N. Central Expressway, Suite 1290

Dallas, TX 75231

214.699.6524 / fax 214.853.5047

awooley@wooleylaw.com

/s/ Stacy Hoffman Bruce

STACY HOFFMAN BRUCE

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 23 of 24 PageID 33
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.

Sandi Mallon on behalf of Stacy Bruce

Bar No. 24036793

smallon@cobbmartinez.com

Envelope ID: 62772007

Status as of 3/21/2022 9:06 AM CST

Case Contacts

Name

Andrew Wooley

Missy Ramirez

Sandi Mallon

Stacy H.Bruce

BarNumber

24077780

Email

awooley@wooleylaw.com

mramirez@cobbmartinez.com

smallon@cobbmartinez.com

sbruce@cobbmartinez.com

TimestampSubmitted

3/21/2022 9:03:40 AM

3/21/2022 9:03:40 AM

3/21/2022 9:03:40 AM

3/21/2022 9:03:40 AM

Status

SENT

SENT

SENT

SENT

Case 3:22-cv-00679-M Document 1-3 Filed 03/23/22 Page 24 of 24 PageID 34