APPENDIX TO DEFENDANT’S BRIEF IN SUPPORT OF ITS 

MOTION FOR SUMMARY JUDGMENT Page 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

TRACY JENICE HANCOCK 

PLAINTIFF, 

v. 

WAL-MART STORES, INC. 

DEFENDANT. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

CIVIL ACTION NO. 3:22-cv-00456-K 

APPENDIX TO DEFENDANT WAL-MART STORES TEXAS, LLC’S 

MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT 

TO THE HONORABLE UNITED STATES DISTRICT COURT:

Defendant WAL-MART STORES TEXAS, LLC, (incorrectly named Wal-Mart, Inc.) 

(“Walmart”), files its Appendix in Support of its Motion for Summary Judgment, containing the 

following summary judgment evidence: 

Defendant’s Exhibit A: Plaintiffs Original Complaint APPX_001 – 

APPX_005 

Defendant’s Exhibit B: Deposition Transcript of Plaintiff 

Tracy Hancock 

APPX_006 – 

APPX_019 

Defendant’s Exhibit C: Declaration of Cindy Escobedo APPX_020 – 

APPX_021 

 

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APPENDIX TO DEFENDANT’S BRIEF IN SUPPORT OF ITS 

MOTION FOR SUMMARY JUDGMENT Page 2 

Respectfully submitted, 

By: /s/ Evan K. Scott 

DEREK S. DAVIS 

Texas Bar No. 00793591 

Email: Derek.Davis@CooperScully.com 

EVAN K. SCOTT 

Illinois Bar No. 6325854 

Email: Evan.Scott@CooperScully.com 

COOPER & SCULLY, P.C.

900 Jackson Street, Suite 100 

Dallas, Texas 75202 

Telephone: (214) 712-9500 

Facsimile: (214) 712-9540 

ATTORNEYS FOR DEFENDANT 

WAL-MART STORES TEXAS, LLC 

CERTIFICATE OF SERVICE

I hereby certify that, on the 8th day of May, 2023, I served a true and correct copy of the 

foregoing document on the following counsel of record via the Court’s CM/ECF filing service: 

GEOFFREY E. SCHORR 

Texas Bar No. 24029828 

Email: Geoff@schorrfirm.com

A. JARED ALDINGER 

Texas Bar No. 24068455 

Email: Jared@schorrfirm.com

HUTTON W. SENTELL 

Texas Bar No. 24026655 

Email: Hutton@schorrfirm.com

328 W. Interstate 30, Suite 2 

Garland, Texas 75043 

Telephone: (972) 226-8860 

Facsimile: (972) 226-9787 

ATTORNEYS FOR PLAINTIFF 

/s/ Evan K. Scott 

EVAN K. SCOTT 

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CAUSE NO. _________

TRACY JENICE HANCOCK, § IN THE DISTRICT COURT 

 Plaintiff, § 

§

v. § HUNT COUNTY TEXAS

§ 

WAL-MART STORES, INC. §

 Defendant. § ____ JUDICIAL DISTRICT

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, TRACY JENICE HANCOCK, Plaintiff, and files Plaintiff's Original 

Petition, complaining of Defendant, WAL-MART STORES, INC. (hereinafter referred to as 

Defendant or Wal-Mart), and in support thereof would show unto the Court as follows:

I.

DISCOVERY CONTROL PLAN

Pursuant to Texas Rule of Civil Procedure 190.4, discovery in this suit is to be conducted 

under Level 3.

II.

RULE 47 STATEMENT OF MONETARY RELIEF SOUGHT

As required by Rule 47(b) of the Texas Rules of Civil Procedure, the damages sought are 

within the jurisdictional limits of this Court. As required by Rule 47(c) of the Texas Rules of Civil 

Procedure, Plaintiff seeks monetary relief over $250,000 but not more than $1,000,000. TEX. R. 

CIV. P. 47(c)(3). The amount of monetary relief actually awarded, however, will ultimately be 

decided by a jury. Plaintiff also seeks prejudgment and post-judgment interest at the highest 

allowable legal rate.

Filed 1/17/2022 2:49 PM

Susan Spradling,

District Clerk

Hunt County, Texas

90789

Hunt County - 354th District Court

RC

APPX_001

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III. 

PARTIES

Plaintiff, TRACY JENICE HANCOCK, is an individual who resides in Greenville, Hunt 

County, Texas.

Defendant, WAL-MART STORES, INC., is a corporation conducting business in Texas, 

which can be served through its registered agent CT Corporations System, 1999 Bryan Street, 

Suite 900, Dallas, Texas 75201. CITATION IS REQUESTED.

Defendant Walmart is sued in its assumed name pursuant to Tex. R. Civ. P. 28 which

provides that any partnership, unincorporated association, private corporation, or individual doing

business under an assumed name may sue and be sued in its partnership, assumed or common

name and may be served with process, through its registered agent CT Corporation System, 1999

Bryan Street, Suite 900, Dallas, Texas 75201.

IV. 

JURISDICTION & VENUE

This Court has jurisdiction over this matter because Plaintiff has suffered damages in

excess of the minimum jurisdictional limits of this Court. Venue is proper in Hunt County pursuant 

to Texas Civil Practice and Remedies Code §15.002 because all or a substantial part of the events 

or omissions giving rise t0 the claim occurred in Dallas County, Texas.

V. 

FACTS

On or about February 3, 2020, Plaintiff was injured on Walmart’s premises, Store Number 

427, located 7401 Interstate 30, Greenville, Texas. At the time of injury, Defendant, WAL-MART,

was operating a store at this location.

Defendant was in control of the premises on which Plaintiff's injuries occurred. At the time 

APPX_002

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the injuries occurred, Defendant was the owner of the premises or was leasing the premises and 

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

invitee at the time the injury occurred. Plaintiff was on Defendant's premises for the mutual benefit 

of herself and defendant, and at the implied invitation of the Defendant. Defendant extended an 

open invitation to the public to enter the premises.

Plaintiff was injured when she slipped on a substance that was accumulated on the floor 

and fell. Plaintiff suffered bodily injuries and/or aggravation of the body as a result of this accident.

VI. 

NEGLIGENCE

Because Plaintiff was an invitee at the time of injury, Defendant owed her a duty to exercise 

ordinary care to keep the premises in reasonably safe condition, inspect the premises to discover 

latent defects, and to make safe any defects or give an adequate warning of any dangers.

Defendant's conduct, and that of its agents, servants, and employees, acting within the 

scope of their employment, constituted a breach of the duty of ordinary care owed to Plaintiff. 

Defendant knew or should have known that the condition on its premises created an unreasonable 

risk of harm to invitees in that liquids, like water, accumulating on the floor could cause invitees 

to slip and fall. Defendant failed to exercise ordinary care to reduce or eliminate this risk or warn 

invitees regarding it. Specifically, Defendant breached its duty in one or more of the following 

ways:

1. Failing to inspect the premises on a regular basis;

2. Failing to place signs warning invitees;

3. Failing to instruct or train its agents, servants, and employees to maintain a hazard 

free environment; and

4. Failing to supervise its agents, servants, and employees to ensure the safety of 

APPX_003

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invitees.

5. in failing to properly and safely maintain their premises;

Each of these acts and omissions, whether taken singularly or in any combination, was a 

proximate cause of Plaintiff's injuries and damages.

VII. 

DAMAGES

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

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

a. Physical pain in the past and future;

b. Mental anguish in the past and future;

c. Lost wages in the past and future; and

d. Medical expenses in the past and future.

e. Physical impairment.

VIII. 

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff, TRACY JENICE HANCOCK, 

respectfully requests that Defendant be cited to appear and answer, and on final trial, that Plaintiff 

have judgment against Defendant for:

a. Actual damages;

b. Prejudgment and post-judgment interest as allowed by law;

c. Costs of suit; and

d. Any further relief, either in law or equity, to which Plaintiff is justly entitled.

APPX_004

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Respectfully submitted,

Hernandez Law Group

By:

Gina L. Giblin

Texas Bar Number 00787532

Juan C. Hernandez

Texas Bar Number 24002270

16850 Dallas Parkway

Dallas, Texas 75248

 214-900-0000 Main Telephone 

972-234-7801 Direct Line

972-234-7801 Telefax

gina@juanlaw.com

ATTORNEYS FOR PLAINTIFF

APPX_005

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APPX_019

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