ALL PROCESS, PLEADINGS and ORDERS 

PREVIOUSLY SERVED UPON DEFENDANT 

AND DEFENDANT'S ANSWER 

IN 

CAUSE NO. 110207-86 

Margaret Horn 

vs. 

Dollar General Corporation 

IN THE 86TH DISTRICT COURT 

KAUFMAN COUNTY, TEXAS 

+++ 

A. Copy of Register of Actions from Kaufman County District Clerk 

for Cause No. 110207-86 

B. Plaintiffs Original Petition filed February 16, 2022 

C. Citation to Defendant Dollar General Corporation served February 

18,2022 

D. . Defendant's Original Answer filed March 10, 2022 

E. Defendant's Jury Demand filed March 10, 2022 

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EXHIBIT A 

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3/10/22, 2:48PM https:l/txkaufmanodyprod. tylerhost.net/PublicAccess/CaseDetail.aspx?CaseiD=4 152076 

REGISTER OF ACTIONS 

CASE No. 110207-86 

MARGARET HORN Vs. DOLLAR GENERAL CORPORATION 

Defendant DOLLAR GENERAL CORPORATION 

Plaintiff HORN, MARGARET 

OTHER EVENTS AND HEARINGS 

02/16/2022 Original Petition (OCA) 

02/16/2022 Citation 

DOLLAR GENERAL CORPORATION 

03/02/2022 Return of Service 

03/10/2022 Defendants Original Answer 

03/10/2022 Jury Demand 

Plaintiff HORN, MARGARET 

Total Financial Assessment 

Total Payments and Credits 

Balance Due as of 03/10/2022 

02/16/2022 Transaction Assessment 

02/16/2022 EFile Payment Receipt# DC-170027 

02/16/2022 State Credit 

§ 

§ 

§ 

§ 

§ 

PARTY INFORMATION 

EVENTS & ORDERS OF THE COURT 

Served 

Returned 

fiNANCIAL INFORMATION 

Case Type: Injury or Damage- Other 

Date Filed: 02/16/2022 

02/18/2022 

03/02/2022 

Location: DC 86th District Court 

Lead Attorneys 

Mackenzie B Linyard 

Retained 

972-661-1111(W) 

HORN, MARGARET 

358.00 

358.00 

0.00 

358.00 

(221.00) 

(137.00) 

1/1 

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EXHIBITB 

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CAllSENO. 

110207-86 

--------

Filed: 2/16/2022 12:35 PM 

Rhonda Hughey, 

District Clerk 

Kaufman County. Texas 

Michelle Lopez 

MARGARET HORN 

PLAINTIFF, 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT 

Kaufman County - 86th District court 

v. ,JUDICIAL DISTRICT ---

DOLLAR GENERAL CORPORATION, 

DEFENDANT. KAUFMAN COUNTY, TEXAS 

P.LAINTIFF'S ORIGINAL PETITION 

TO THE HONORABLE JUDGE OF SAID COURT: 

NOW COMES, MARGARET HORN, Plaintiff, complaining of and against DOLLAR 

GENERAL CORPORATION, Defendant, and tor cause of action would respectfully show the 

Court the following: 

I. DISCOVERY CONTROL PLAN LEVEL 

1.01 Pursuant to Texas Rules of Civil Procedure Rule 190.4, Plaintiff requests that 

discovery be conducted in accordance with Discovery Control Plan-Levell. 

1.02 Plaintiff seeks monetary relief no greater than $250,000. 

II. JURISDICTION AND VENUE 

2.01 This Court has jurisdiction and venue over the parties and subject matter of these 

claims because the amount in controversy is within the jurisdictional limits of this Court and all or 

a substantial part of the events or omissions giving rise to the claim occurred in Kaufman County, 

Texas. 

IU. PARTltfS AND SERVICE 

3.01 Plaintiff is individual residing in Dallas County. Texas. 

3.02 Defendant, DOLLAR GENERAL CORPORATION, is the owner/operator and has 

exclusive control of the premises, located at 410 W Broad Street, Forney, Texas 75126. Defendant 

is a Tennessee corporation and can be served with process by serving its registered agent, Tax 

Advisors Group Inc.~ and can be served through its registered agent 100 Mission Ridge 

Goodlettsville, Tennessee 3 7072. 

PAGE 1 

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IV. FACTS 

4.01 On or about July 16, 2021, Plaintiff was injured, while on Defendant's premises 

located at 410 W Broad Street, Forney, Texas 75126 (the "Premises"). At the time of Plaintiff's 

injury, the Premises were being used for the purpose of a Dollar General store. 

4.02 Defendant was in control of the Premises on which Plaintiff's injuries occurred. At 

the time the injuries occurred. Defendant was the owner of the Premises or leasing the Premises 

and had the exclusive right to control the property on which Plaintiff was injured. 

4.03 Plaintiff was an invitee at the time the injury occurred. Plaintiff went onto 

Defendant's premises for the mutual benefit of herself and Defendant, and at the implied invitation 

of the Defendant. 

4.04 Plaintiff was injured when she slipped and fell on detergent on the floor near the 

check-out area. Plaintiff suffered serious injuries as a result of this incident as complained of 

herein. 

V. CAUSE OF ACTION FOR PREMISES UABILITY 

5.01 At all material times, Plaintiff was an invitee of Defendant as he was on the 

Premises for the purpose of purchasing merchandise from Defendant at Defendant's implied 

invitation. At the time of the incident, there existed on the Premises a dangerous condition of 

which Defendant knew or should have known. Such dangerous condition posed an unreasonable 

risk of harm but Defendant failed to exercise reasonable care to eliminate the risk. Such failure by 

Defendant proximately caused Plaintiff to suffer injuries. 

VI. DAMAGES 

6.01 As a proximate result of Defendant's negligence, Plaintiff suffered severe physical 

injuries. As a result of his injuries, Plaintiff has suffered the following damages: 

a. Reasonable expenses for necessary medical care in the past and future tor Plaintiff; 

b. Pain and suffering in the past and future; 

c. Physical impairment in the past and future; 

d. Disfigurement, past and future; and 

e. Loss of use. 

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully pray that the Defendant 

be cited to appear and answer herein, and that upon fmal hearing of the cause, judgment be entered 

for the Plaintiff against the Defendant for damages in an amount within the jurisdictional limits of 

the Court, together with pre-judgment and post-judgment interest at the maximum rate allowed by 

PAGE2 

Case 3:22-cv-00626-N Document 1-1 Filed 03/17/22 Page 6 of 19 PageID 10
law, costs of court, and such other and further relief to which the Plaintiff may show themselves 

justly entitled. 

Respectfully submitted, 

RADLAWFIRM 

BY: /t>/Mackenzie Linyard 

MACKENZIE B. LINY ARD 

State Bar No. 24083399 

8001 LBJ Fwy, Suite 300 

Dallas, Texas 75251 

Phone (972) 661 * 1 11 1 

Fax (972) 661-3537 

E-Mail: mlinyard@radlawfirm.com 

E-File: efileMUa).radlawfirm.com 

ATTOR.NEY FOR PLAINTIFF 

PAGE3 

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EXHIBIT C 

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PERSONAL CITATION 

THE STATE OF TEXAS 

CAUSE# 110207-86 

NOTICE TO THE RESPONDENT: "You have been sued. You may employ an attorney. If you or your attomey does not file 

a written answer with the clerk who issued this citation by 10:00 o'clock a.m. of the Monday next following the expiration of twenty 

days after you were served this citation and petition, a default judgment may be taken against you. In addition to fiHng a written 

answer With the clem, you may be required to make initial disclosures to the Other parties of this suit. These disclosures generally 

rnust be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org: 

TO: 

DOLLAR GENERAL CORPORATION 

by serving Its registered agent 

Tax Advisor& Group Inc 

100 MISSION RIDGE 

GOODLETTSVILLE TN 37072 

Respondent Greetings: 

YOU ARE HEREBY COMMANDED to appear before the Honorable 86th District Court. Kaufman County, Texas, by filing 

a written answer to the PLAINTIFF'S ORIGINAL PETITION of the Plaintiff at or before 10:00 o'clock a.m. of the Monday next after 

the expiration of 20 days from the date of service hereof, a copy of which accompanies the Citation in Cause Number 110207-86, 

styled MARGARET HORN Vs. DOLLAR GENERA\. CORPORATION, filed in said court on February 16, 2022. WITNESS, 

RHONDA HUGHEY, District Clerk of Kaufman County, Texas. 

Issued and given under my hand and seal of sald Court at Kaufman, Texas, on this the 16th day of February, 2022. 

Attomey for Plaintiff: 

Mackenzie B Unyard 

12900 Preston Road Suite 900 

Dallas TX 75230 

972-661-1111 

. , RHONDA HUGHEY 

DISTRICT CLERK 

100 W Mulberry St 

Kaufman, TX 75142 

OFFICER'S RETURN 

oaternme Place, Course and Distance from Courthouse 

And not exC(lutcd as to the defendant(s), --------

The diligence used in finding said defendant(s} being:. _______________ _ 

. 

·. ""* :u 

and the cause or failure to execute this process is· .._--=-__,..,.....,....,..._..,-.~-=-----------

and the infonnation received as to the whereabouts of said defendant bein~~---------------­

FEES: 

Serving Petition and Copy $ Total $. __ _ 

------------------~·Offi~r 

,.....---------'County, Texas By: __________ , Deputy 

Affiant 

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COMPLETE IF YOU ABE A PERSQN OTHER lltAN A ittEBJFF, CONSIABI.I. OR CLERK Of DIE 

OOUBL 

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 retum 

signed under penalty of perjury must contain the statement below in substantially the following form: 

" My name is ---------..-J my date of birth is -----...J and my address is 

(First, Middle, Last) 

(Street, City, Zip) 

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

Executed In County, State of on the day of 

Declarant/ Authorized Process Server 

(Id # & expiration of certification) 

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· EXHIBITD 

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CAUSE NO. 110207-86 

Filed: 3/10/2022 1:47PM 

Rhonda Hughey, 

District Clerk 

Kaufman County, Texas 

Sherry Keathley 

MARGARET HORN § IN THE DISTRICT COURT 

§ 

Plaintiff § 

§ 

~ § KAUFMAN COUNTY, TEXAS 

§ 

DOLLAR GENERAL CORPORATION § 

§ 

Defendant § 86TH JUDICIAL DISTRICT 

DEFENDANT'S ORIGINAL ANSWER 

TO SAID HONORABLE COURT: 

Dollar General Corporation ("Dollar General"), the Defendant herein, files this, its Original 

Answer to Plaintiffs Original Petition, respectfully showing unto the Court as follows: 

GENERAL DENIAL 

I. 

Subject to such stipulations and admissions as may be hereafter made; Defendant hereby 

enters a general denial, as is permitted by Rule 92 ofthe Texas Rules of Civil Procedure. 

VERIFIED DENIAL 

II. 

Defendant Dollar General avers that it is not liable in the capacity in which it has been 

sued, and there is a defect of parties, Defendant. Dollar General Corporation is neither the owner 

nor operator of the Dollar General store in Forney, Texas made the basis of the Plaintiffs suit. 

Instead, the sole owner and operator of the said Dollar General store is Dolgencorp of Texas, Inc. 

AFFIRMATIVE DEFENSES 

III. 

Pleading further, Defendant would show that Plaintiff was guilty of certain· acts or 

omissions of negligence, each of which, separately or concurrently, was the sole proximate cause 

or, alternatively, a proximate cause of the occurrence made the basis of this suit, including but not 

DEFENDANT'S ORIGINAL ANSWER- Page 1 

Case 3:22-cv-00626-N Document 1-1 Filed 03/17/22 Page 12 of 19 PageID 16
limited to failing to keep a proper lookout for her own safety. 

IV. 

Pleading further, and in the alternative, Defendant would show that the occurrence made 

the basis of this suit was the result of an unavoidable accident; that is, one not proximately caused 

by the negligence of any party to it. 

V. 

Pleading further in the alternative, Defendant would show that the act or omission of a 

separate and independent agency, not reasonably foreseeable, destroyed the causal connection, if 

any, between the acts or omissions of Defendant and the occurrence in question, and thereby 

became the immediate cause of such occurrence and the Plaintiffs claimed injuries and damages. 

VI. 

Pleading further, Defendant would show that, pursuant to Texas Civil Practice and 

Remedies Code § 41.0105, any claim for medical or healthcare expenses allegedly incuned by 

Plaintiff is limited to the amount actually paid or incurred by or on behalf of Plaintiff. 

VII. 

Pleading further, Defendant would show that, pursuant to Texas Civil Practice and 

Remedies Code § 18.091, evidence of alleged loss of earnings, lost wages, lost earning capacity 

and/or loss of contributions of a pecuniary value, if any, and to the extent such recovery is sought, 

must be presented by Plaintiff in the form of net loss after reduction for income tax payments or 

unpaid tax liability to any federal income tax law. 

PRAYER 

For the above reasons, Defendant Dollar General Corporation prays that upon final hearing 

judgment be rendered that Plaintiff recover nothing of and from this Defendant, and that Defendant 

recover its costs in this behalf expended; further, that Defendant be granted all such other and 

DEFENDANT'S ORIGINAL ANSWER- Page 2 

Case 3:22-cv-00626-N Document 1-1 Filed 03/17/22 Page 13 of 19 PageID 17
further relief to which it may be justly entitled. 

Respectfully submitted, 

EKVALL & BYRNE, LLP. 

~ ClA}~wtttA-~-- Michaei A. Hummert 

State Bar No. 10272000 

mhummert@ekvallbyrne.com 

Ignacio Barbero 

State Bar No. 00796162 

ibarbero@ekvallbyrne.com 

4450 Sigma Road, Suite 100 

Dallas, Texas 75244 

TELEPHONE (972) 239-0839 

FACSIMILE (972) 960-9517 

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE 

A true and correct copy of the foregoing instrument was e-served on counsel of record 

herein in accordance with the Rules of Civil Procedure on the 1 0 ~ day of March, 2022. 

MICHAEL A. HUMMERT 

DEFENDANT'S ORIGINAL ANSWER- Page 3 

Case 3:22-cv-00626-N Document 1-1 Filed 03/17/22 Page 14 of 19 PageID 18
STATE OF TEXAS § 

COUNTY OF DALLAS § 

BEFORE ME, the undersigned authority, on this day personally appeared Michael A. 

Hummert, known to me, who being by me duly sworn upon oath deposed and stated that he is over 

eighteen (18) years of age, is of sound mind, is fully competent to make this affidavit, that he is 

attorney of record for Dollar General Corp. and that the statements contained in Paragraph II of 

the foregoing instrument are, on information and belief, true and correct. 

Michael A. Hummert 

SUBSCRIBED AND SWORN TO before me this /t?c/t/ day of March 3, 2021. 

DEFENDANT'S ORIGINAL ANSWER- Page 4 

,'(}~!':~!:~~'-" '"""'' DONNA WOJCIK 

~~ (i!lfV~g Notary Public, State of Texas 

;~.::: ..... ·fi Comm. Expires 02·07·2023 ,,,~-OF~~' 

'''""''''' Notary ID 889970 

Case 3:22-cv-00626-N Document 1-1 Filed 03/17/22 Page 15 of 19 PageID 19
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. 

Donna Wojcik on behalf of Michael A. Hummert 

Bar No. 10272000 

dwojcik@ekvallbyrne.com 

Envelope 10: 62495039 

Status as of 3/10/2022 1 :51 PM CST 

Associated Case Party: MARGARET HORN 

Name BarN umber Email TimestampSubmitted Status 

Mackenzie Linyard efileML@radlawfirm.com 3/10/2022 1:47:20 PM SENT 

Associated Case Party: DOLLAR GENERAL CORPORATION 

Name BarN umber Email TimestampSubmitted Status 

Michael A.Hummert mhummert@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

Ignacio Barbero ibarbero@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

Case Contacts 

Name BarN umber Email TimestampSubmitted Status 

Deanna Ortega dortega@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

Sandi Williams swilliams@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

Donna Wojcik dwojcik@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

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EXHIBITE 

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Filed: 3/10/20221:47 PM 

Rhonda Hughey, 

District Clerk 

Kaufman County, Texas 

Lauren Jackson 

CAUSE NO. 110207-86 

MARGARETHORN § 

§ 

Plaintiff § 

§ 

v. § 

§ 

DOLLAR GENERAL CORPORATION § 

§ 

Defendant § 

IN THE DISTRICT COURT 

KAUFMAN COUNTY, TEXAS 

86TH JUDICIAL DISTRICT 

DEFENDANT'S JURY DEMAND 

TO THE HONORABLE COURT: 

Defendant Dollar General Corporation demands a trial by jury. 

Respectfully submitted, 

EKVALL & BYRNE, L.L.P. 

Michael A. Hummert 

State Bar No: 10272000 

mhummert@ekvallbyme.com 

Ignacio Barbero 

State Bar No: 00796162 

ibarbero@ekvallbyrne.com 

4450 Sigma Road, Suite 100 

Dallas, Texas 75244 

Telephone: 972/239-0839 

Facsimile: 972/960-9517 

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE 

I hereby certifY that a true and correct copy of the foregoing instrument was e-served on 

counsel of record herein on the l 0\-4 day of March, 2022. 

MICHAEL A. HUMMERT 

DEFENDANT'S JURY DEMAND- Page 1 

Case 3:22-cv-00626-N Document 1-1 Filed 03/17/22 Page 18 of 19 PageID 22
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. 

Donna Wojcik on behalf of Michael A. Hummert 

Bar No. 1 0272000 

dwojcik@ekvallbyrne.com 

Envelope 10: 62495039 

Status as of 3/10/2022 2:39 PM CST 

Associated Case Party; MARGARET HORN 

Name BarN umber Email TimestampSubmitted Status 

Mackenzie Linyard efileML@radlawfirm.com 3/10/2022 1:47:20 PM SENT 

Associated Case Party: DOLLAR GENERAL CORPORATION 

Name BarN umber Email TimestampSubmitted Status 

Michael A.Hummert mhummert@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

Ignacio Barbero ibarbero@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

Case Contacts 

Name BarN umber Email TimestampSubmitted Status 

Deanna Ortega dortega@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

Sandi Williams swilliams@ekvallbyrne.com 3/10/2022 1:47:20 PM SENT 

Donna Wojcik dwojcik@ekvallbyrne.com 3/10/2022 1 :4 7:20 PM SENT 

Case 3:22-cv-00626-N Document 1-1 Filed 03/17/22 Page 19 of 19 PageID 23