INDEX OF STATE COURT DOCUMENTS PAGE 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

ELIZABETH JOHNSON, 

INDIVIDUALLY and as NEXT FRIEND 

OF M.G., 

PLAINTIFFS, 

v. 

WAL-MART STORES TEXAS, LLC, 

d/b/a WAL-MART SUPERCENTER 

#5288, 

DEFENDANT. 

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CIVIL ACTION NO. _______________ 

INDEX OF STATE COURT PLEADINGS AND FILING DATES 

TAB DOCUMENT DATE 

1. State Court Docket Sheet of the County Court at Law No. 5, Dallas, 

County for Cause No. CC-22-00874-E 

03/25/2022 

2. Plaintiff’s Original Petition 02/22/2022 

3. Citation Issued to Defendant Wal-Mart Stores Texas, LLC d/b/a WalMart Supercenter #5288 02/22/2022 

4. Return of Service on Defendant Wal-Mart Stores Texas, LLC 03/03/2022 

5. Defendant’s Wal-Mart Stores Texas, LLC’s Original Answer to 

Plaintiff’s Original Petition 

03/18/2022 

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TAB NO. 1 

 

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3/25/22, 12:50 PM Details

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Case Information

CC-22-00874-E | ELIZABETH JOHNSON, INDIVIDUALLY AND AS vs.WAL-MART STORES TEXAS, LLC D/B/A

WAL-MART SUPERCENTER #5288

Case Number

CC-22-00874-E

Court

County Court at Law No. 5

Judicial Officer

GREENBERG, MARK

File Date

02/22/2022

Case Type

DAMAGES (NON COLLISION)

Case Status

OPEN

Party

PLAINTIFF

ELIZABETH JOHNSON, INDIVIDUALLY AND AS

Address

1825 Market Center Blvd.

Suite 350

Dallas TX 75207

Active Attorneys 

Lead Attorney

KASSAB, LEON R

Retained

DEFENDANT

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

#5288

Address

SERVE ITS REGISTERED AGENT: CT CORPORATION SYSTEM

1999 BRYAN STREET, SUITE 900

DALLAS TX 75201

Active Attorneys 

Lead Attorney

DAVIS, DEREK S.

Retained

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3/25/22, 12:50 PM Details

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Financial

Events and Hearings

02/22/2022 NEW CASE FILED (OCA)

02/22/2022 ORIGINAL PETITION 

PLAINTIFF S ORIGINAL PETITION

Comment

PLAINTIFF S ORIGINAL PETITION

02/22/2022 ISSUE CITATION 

ISSUE CITATION

Comment

E-SERVE ENV# 61976011

02/22/2022 CITATION (SERVICE) 

Unserved

Anticipated Server

ATTORNEY

Anticipated Method

03/03/2022 RETURN OF SERVICE 

RETURN OF SERVICE

Comment

WAL-MART STORES TEXAS LLC DBA WAL-MART SUPERCENTER 5288

03/18/2022 ORIGINAL ANSWER 

ORIGINAL ANSWER

ELIZABETH JOHNSON, INDIVIDUALLY AND AS

Total Financial Assessment $358.00

Total Payments and Credits $358.00

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3/25/22, 12:50 PM Details

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Documents

PLAINTIFF S ORIGINAL PETITION

ISSUE CITATION

RETURN OF SERVICE

ORIGINAL ANSWER

2/22/2022 Transaction

Assessment

$358.00

2/22/2022 CREDIT CARD -

TEXFILE (CC)

Receipt # CV2022-01605ELIZABETH JOHNSON,

INDIVIDUALLY AND AS

($221.00)

2/22/2022 STATE CREDIT ($137.00)

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TAB NO. 2 

 

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FILED

2/22/2022 3:26 AM

JOHN F. WARREN

COUNTY CLERK DALLAS COUNTY

Jeff Benton

State Bar No. 24050283 The Benton Law Firm

1825 Market Center Blvd., Suite 350 Dallas, Texas 75207 Ph: 214-219-4878 Fax: 214-615-2950

Service@thebentonlawfirm.com CC-22-00874-E CAUSE NO.

Elizabeth Johnson, Individually and as Next Friend of M.G. In The County Court Plaintiff,

V. At Law No. Wal-Mart Stores Texas, LLC d/b/a Wal-Mart Supercenter #5288 Defendant. Dallas County, Texas

PLAINTIFF’S ORIGINAL PETITION

NOW COMES, Elizabeth Johnson, Individually and as Next Friend of M.G., Plaintiff, complaining of and against Wal-Mart Stores Texas, LLC d/b/a Wal-Mart Supercenter #5288

[hereinafter “Wal-Mart”], and for cause of action would respectfully show the following:

I. DISCOVERY CONTROL PLAN LEVEL

1.01 Pursuant to Rule 190.2 of the Texas Rules of Civil Procedure, this case will be governed according to Discovery Control Plan Level l.

II. PARTIES. JURISDICTION. AND VENUE

2.01 Plaintiff is an individual residing in Dallas County, Texas.

2.02 On information and belief, Wal-Mart is the operator and owner and/or had

exclusive control ofthe Wal-Mart Supercenter #5288, 220 Highway 175, Seagoville, TX 75159

(“Premises”). Wal-Mart is Delaware Corporation with its principal place of business in Texas, and can be served via its registered agent, CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, Texas 75201.

2.03 This Court has jurisdiction and venue over the parties to and subject matter ofthese

claims because the amount in controversy is within the jurisdictionallimits ofthis Court and all or substantial part of the events or omissions giving rise to the claims herein occurred in Dallas County, Texas.

2.04 Plaintiff seeks monetary damages of under $250,000.00.

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HI. STATEMENT OF FACTS

.01 At all material times, Wal-Mart was/were the owner(s) and/or operator(s), and/or had exclusive control of the Premises.

3.02 Plaintiff was an invitee at the time the injury occurred. Plaintiff went on the Premises for the mutual benefit of herself and Defendant, and at the invitation of Defendant.

3.03 At the time ofthe events in question, Defendant owed Plaintiff duty to exercise ordinary care to keep the premises

in reasonably safe condition, inspect

the premisesto discover

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

3.04 On or about June 11, 2020, Plaintiff was walking toward the self-checkouts, when she slipped and fell on wet substance spilled on the floor.

3.05 As result of the fall, Plaintiff suffered painful and substantial personal injuries.

IV. CAUSE OF ACTION FOR PREMISES LIABILITY

4.01 At all material times, Wal-Mart itself/themselves, or acting through its/their administrative personnel, agents and employees, created an unreasonable risk of harm on the premises of which they knew or should have known, and failed to use reasonable care to correct or warn Plaintiff of the condition. As proximate result of the negligence of Wal-Mart, Plaintiff suffered the serious personal injuries complained of herein.

4.02 Because Plaintiff was an invitee at the time of injury, Defendants owed her 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.

4.03 Defendants’ conduct, and that ofany agents, servants, and employees, acting within

the scope of their employment, constituted breach of the duty of ordinary care owed to Plaintiff. Defendants knew or should have known that the condition on the premises created an unreasonable

risk of harm to invitees. Defendants failed to exercise ordinary care to reduce or eliminate this

risk, or warn invitees regarding unreasonable risk of harm to invitees. Specifically, Defendants breached its duties in one or more of the following ways:

a. Failing to inspectthe premises on regular basis;

b. Failing to correct or warn of the dangerous conditions created by the parking lot patch complained of herein;

c. Failing to place signs warning invitees;

d. Failing to provide adequate instructions to invitees to avoid injury;

e. Failing to exercise reasonable care in establishing and maintaining premises

free ofrecognized hazards;

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f. Failing to provide safe walking surface;

g. Failing to instruct or train its agents, servants, and employees

to maintain hazard free environment;

h. Failing to supervise its agents, servants, and employees to ensure

the safety of invitees.

5.03 Each of these acts and omissions, whether taken singularly or in any combination, was proximate cause of Plaintiffs injuries and damages.

VI. DAMAGES

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

injuries. As 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 earningsin the past and future;

d. Damage to earning capacity in the past and future;

e. Physical impairmentin the past and future; and

f. Medical expenses

in the past and future (parent’s individual claim

for child’s medical expenses.

WHEREFORE, PREMISES CONSIDERED, Plaintiffrequests

that Defendant be cited to

appear and answer, and that on final trial she has judgment against Defendant in sum in excess of the minimum jurisdictional

limits of the Court; prejudgment and post judgmentinterest as provided by law; costs of suit; and such other and further reliefto which Plaintiffmay show herself

to be justly entitled.

Respectfully submitted,

THE BENTON LAW FIRM

/s/ Leon R. Kassab

JEFF BENTON, State Bar No. 24050283 LEON R. KASSAB, State Bar No. 24095164

1825 Market Center Blvd., Suite 350 Dallas, Texas 75207 Phone (214) 219-4878

Fax (214) 615-2950

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Service@TheBentonLawFi1m.com

ATTORNEYS FOR PLAINTIFF

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CAUSE NO. DC-19-02057 Mary Glazier, In The District Court Plaintiff,

v, 14th Judicial District

Apple Nine Hospitality Ownership, Inc. d/b/a Hilton Garden Inn

(previously named in this suit as Apple Nine SPE DuncanVille, Inc. d/b/a Hilton Garden Inn) and Gateway Hospitality Group, Inc. Defendant. Dallas County, Texas

PLAINTIFF’S FIRST SET OF WRITTEN DISCOVERY TO GATEWAY HOSPITALITY GROUP. INC.

TO: Gateway Hospitality Group, Inc. (“Gateway”)

COMES NOW MARY GLAZIER, Plaintiffin the above styled cause ofaction, and serves

PLAINTIFF'S FIRST REQUEST FOR WRITTEN DISCOVERY upon Defendant Gateway

Hospitality Group, Inc. (hereinafter “Gateway”), as allowed by Tex. R. Civ. P. 192 through 197.

Defendant must answer each request separately, fully,in writing, and the interrogatories under

oath, Within fifty (50) days after service.

Respectfully submitted,

THE BENTON LAW FIRM

/s/ Leon R. Kassab

JEFF BENTON, State Bar No. 24050283 LEON R. KASSAB, State Bar No. 24095164

1825 Market Center BlVd., Suite 350 Dallas, Texas 75207 Phone (214) 219-4878

Fax (214) 615-2950

Service@TheBentonLawFirm.corn ATTORNEYS FOR PLAINTIFF

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Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 11 of 35 PageID 21
I. INSTRUCTIONS

1. For each document or other requested infomation that you assert is privileged or

for any other reason excludable from discovery, identify that document or other requested

information. State the specific groundsfor the claim of privilege or other ground for exclusion.

Also, for each document, state the date of the document, the name, job title, and address of the

person who prepared it; the name, address, and job title ofthe person to Whom it was addressed or

circulated or Who saw it; the name, job title, and address of the person now in possession of the

document; and description of the subject matter of the document.

2. For any requested information about document that no longer exists or cannot be

located, identify the document, state how and when it passed out of existence, or when it could no

longer be located, and the reason(s) for the disappearance. Also, identify each person having

knowledge about the disposition or loss and identify each document evidencing the existence or

nonexistence of each document that cannot be located.

II. DEFINITIONS

The following definitions shall have the following meanings, unless the context requires

otherwise:

1. "Plaintiff" or "GLAZIER" means Plaintiff Mary Glazier, his/her agents,

representatives, and all other persons acting in concert with him/her, or under his/her control, whether directly or indirectly, excluding his/her attorney.

2. "Defendant," "GATEWAY," "you" or "your" means Defendant Gateway

Hospitality Group, Inc., Defendant’s agents, representatives, and all other persons acting in concert with Defendant, or under Defendant’s control, Whether directly or indirectly, excluding Defendant’s attorney.

3. "Document(s)" means all written, typed, or printed matter and all magnetic or other

records or documentation of any kind or description (including, without limitation, letters,

correspondence, telegrams, memoranda, notes, records, minutes, contracts, agreements, records,

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Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 12 of 35 PageID 22
or notations oftelephone or personal conversations, conferences, inter-office communications, E- mail, microfilm, bulletins, circulars, pamphlets, photographs, facsimiles, invoices, tape recordings,

computer printouts and work sheets), including drafts and copies not identical to the originals, all

photographs and graphic matter, however produced or reproduced, and all compilations of data

from which information can be obtained, and any and all writings or recordings of any type or

nature, in your actual possession, custody, or control, including those in the possession, custody,

or control of any and all present or former directors, officers, employees, consultants, accountants,

attorneys, or other agents, whether or not prepared by you.

4. "File" means any collection or group ofdocuments maintained, held, stored, or used

together, including, without limitation, all collections of documents maintained, held, or stored in

folders, notebooks, or other devices for separating or organizing documents.

5. "Person" means any natural person, corporation, firm, association, partnership,

joint venture, proprietorship, governmental body, or any other organization, business, or legal

entity, and all predecessors or successors in interest.

6. "Relating to" and "relates to" mean, without limitation, embodying, mentioning, or

concerning, directly or indirectly, the subject matter identified in the interrogatory.

7. "Concerning" means, in whole or in part, directly or indirectly, referring to, relating

to, connected with, commenting on, responding to, showing, describing, analyzing, reflecting, and

constituting.

8. "Communication" means any oral or written communication of which the

Defendant has knowledge, information, or belief.

9. "Date" means the exact date, month, and year, if ascertainable, or, if not, the best

available approximation.

10. "Describe" or "identify," when referring to person, means you must state the

following:

a. The full name;

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Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 13 of 35 PageID 23
The present or last known residential address;

c. The present or last known residential and office telephone numbers;

d. The present occupation, job title, employer, and employer‘s address at the

time of the event or period referred to in each particular interrogatory; and

e. In the case of any person other than an individual, identify the officer,

employee, or agent most closely connected with the subject matter of the

interrogatory, and the officer Who is responsible for supervising that officer

or employee.

11. "Describe" or "identify," when referring to document, means you must state the

following:

a. The nature (e.g., letter, handwritten note) of the document;

b. The title or heading that appears on the document;

c. The date of the document and the date of each addendum, supplement, or

other addition or change;

d. The identity of the author and of the signer of the document, and of the

person on Whose behalf or at Whose request or direction the document was

prepared or delivered; and

e. The presentlocation of the document, and the name, address, position or

title, and telephone number of the person or persons having custody of the

document.

12. The word "and" means "and/or."

13. The word "or" means "or/and."

14. "Accident," or "incident," refers to the incident pleaded in Plaintiff petition(s).

15. “Property” or “premises” refers to the Premises defined and described in the

Petition in this matter.

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III. INTERROGATORIES

INTERROGATORY NO. 1: Please identify the person(s) answering any of these inteITogatories by giving your

full name,

residence, business address and occupation, and identify the office you hold for the Defendant.

ANSWER:

INTERROGATORY NO. 2: Please describe how you believe the incident in question occurred, giving complete description of the events and/or statements which took place immediately preceding and immediately

subsequent

to the incident.

ANSWER:

INTERROGATORY NO. 3: Please describe each act or omission on the part of Plaintiff that you contend contributed in any way to Plaintiff’ damages.

ANSWER:

INTERROGATORY NO. 4: Please state those facts which you contend establish that the incident in question was caused solely

and/or proximately by new and independent cause, and describe each such new and independent cause.

ANSWER:

INTERROGATORY NO. 5: Please state those facts which you contend establish that the incident in question was the result of an unavoidable accident and/or was the result of events and/or conditions wholly beyond your scope and control.

ANSWER:

INTERROGATORY NO. 6: Please identify with sufficient particularity to allow Plaintiffto frame Request

for Production all

rules, recommendations, policies, procedures, and any other documents that pertain to or concern

in any way the design and/or maintenance of the area where the incident occurred.

ANSWER:

INTERROGATORY NO. 7: If Defendant contends that it prepared instructions or warnings for Plaintiff, consumers, users, or any other persons of dangerous condition concerning the premises, or that Plaintiff was warned

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Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 15 of 35 PageID 25
or had notice of dangerous condition on the premises, identify and describe in detail all such

instructions and/or warnings.

ANSWER:

INTERROGATORY NO. 8: For each person, including employees, Who was present at the time and place of the incident

referenced in Plaintiff’s Original Petition, please identify such people and/or employees by name, address, telephone number, title, and job description.

ANSWER:

INTERROGATORY NO. 9: If you or any agent or employee ofDefendant made any examination or inspection of the location ofthe accident in question on the premises

in the 24 hours before and after the time ofthe incident, please state:

(a) the date and time of day of such examination or inspection;

(b)

the identification, including name, address and telephone number, of the person making such examination or inspection;

(c) description of what such examination or inspection consisted of;

(d) description of what such examination or inspection revealed or showed; and

(e) description of every act or activity done or undertaken by you or any agent or employee of Defendant as result of any condition or circumstance disclosed by

such examination or inspection.

ANSWER:

INTERROGATORY NO. 10: Ifyou have any information that Plaintiffmade any admission or declaration against

interest which

in any way would tend to support your version ofthis case, please state:

(a) the time and place when such admission or declaration was made;

(b)

the substance of the admission or declaration; and

(c)

the names, addresses and telephone numbers of all persons

in whose presence such

admission or declaration was made.

ANSWER:

INTERROGATORY NO. ll:

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Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 16 of 35 PageID 26
If you contend that Plaintiff was not injured in the manner alleged in this action, please state each

fact on which you base your contention, identify any persons by name, address and telephone number who support this contention, and identify any documents that support this contention.

ANSWER:

INTERROGATORY NO. 12: If you contend that Defendant neither knew nor should have known of the alleged condition in

question, please state each fact on which you base your contention, identify any persons by name, address, and telephone number who support this contention, and identify any documents which

support this contention.

ANSWER:

INTERROGATORY NO. 13: Please state the name, address, and telephone number of the entity and/or persons who were

responsible for maintaining the premises, including keeping the parking lot free of hazards, at the

time of the incident in question.

ANSWER:

INTERROGATORY NO. l4: State whether any entities or persons

identified in Interrogatory No. 14 did anything to avoid the

incident in question or did anything that caused or contributed to the incident in question, and if

so, describe such action.

ANSWER:

INTERROGATORY NO. 15: If you claim that Plaintiff has named the incorrect corporate entity

in control of the premises at

issue in this lawsuit, please identify the corporate entity you claim to have been in control of the premises at the time of Plaintiff alleged injuries.

ANSWER:

IV. REQUEST FOR PRODUCTION

Please produce the following at Plaintiff counsel’s office within the prescribed time:

l. All communications occurring between Plaintiff, or anyone acting on Plaintiff‘s behalf, on the one hand, and Defendant, or anyone acting on Defendant’s behalf, on the other,

including, but not limited to, handwritten notes of any such communication, copies of any

correspondence, transcripts of tape recordings, tapes containing recordings, etc.

2. Exact copies of each writing and document that Defendant intends to introduce at

the trial of this cause.

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3. Exact copies of each writing and document received from any law enforcement or

regulatory agency ofthe federal or state governments relating to the premises or the subject matter ofthis suit [NOTE: This would include any ciVil or criminal citations, city permits, red tags, etc.]

4. Exact copies of each understanding or agreement Defendant, or anyone acting on

its behalf, has reached or entered into With any person or entity with respectto the incident, or With

respect

to any claim Defendant has asserted, as result of any loss or damage incurred or sustained

as consequence of such occurrence.

5. Exact copies of claims made or suits filed, and any incident reports relating thereto, with respect

to each instance where person, including Plaintiff, fell on parking lot ofthe premises.

6. Exact copies of any incident reports relating to the incident.

7. Any pictures, photographs, slides, drawings, graphs, charts, Video tapes,

recordings, or other Visual or audio representations demonstrating, reflecting, portraying, or

intended to demonstrate, illustrate or recreate the incident or condition in question. The work product of Defendant‘s attorney is excluded from the Request, unless it is intended to be used as an exhibit at trial.

8. Exact copies of all documents concerning the design, construction, modification, or improvements of and to the location of the incident on the premises

in question.

9. Exact copies of all warnings of dangerous condition concerning the location of

the incident.

10. copy of the safety management file in effect and/or in existence at the time of

the incident in question concerning the control and/or operation of the premises.

1. Produce all manuals, guidelines or instruction books that Defendant, or Defendant’s agent(s), gives to employees regarding the investigation and/or reporting of accidents.

12. Any and all photographs, recordings, movies, slides, or video tapes

in the care, custody or control of you or any of your agents or representatives, depicting the Plaintiff, or the accident scene.

13. All witness statements regarding this incident in the custody or control of Defendant.

14. Copies of any surveillance movies, photos, videotapes, slides or other likeness of Plaintiff. This request specifically requests

the defendant to produce any and all such films or photos taken of the plaintiff by the defendant, the defendant's agents, servants, representatives, employees or attorneys, or at their direction at any time after the date of the accident which is the

subject matter ofthis suit.

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Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 18 of 35 PageID 28
PAGE 13

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 19 of 35 PageID 29
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

certificate of service that complies with all applicable rules.

Leon Kassab on behalf of Leon Kassab

Bar No. 24095164

leon@thebentonlawfirm.com

Envelope ID: 61945344

Status as of 2/22/2022 11:48 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jeff Benton service@thebentonlawfirm.com 2/22/2022 3:26:20 AM SENT

Leon Kassab leon@jeffbenton.com 2/22/2022 3:26:20 AM SENT Gina Marino gina@jeffbenton.com 2/22/2022 3:26:20 AM SENT

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 20 of 35 PageID 30
TAB NO. 3 

 

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 21 of 35 PageID 31
TO:

THE STATE OF TEXAS CITATION

CAUSE NO. CC-22-00874-E COUNTY COURT AT LAW NO. Dallas County, Texas

WAL-MART STORES TEXAS, LLC D/B/A WAL-MART SUPERCENTER #5288 SERVE ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

“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 10:00 A.M. on the Monday next following the expiration oftwenty days afier you were served this citation and PLAINTIFF‘S ORIGINAL 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 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.” Your answer should be addressed to the clerk of County Court at Law No. ofDallas County, Texas at the Court House of said County, 600 Commerce Street, Suite 101, Dallas, Texas 75202.

ELIZABETH JOHNSON, INDIVIDUALLY AND AS

Plaintifl(s)

VS. WAL-MART STORES TEXAS, LLC D/B/A WAL-MART SUPERCENTER #5288 Defendant(s)

filed in said Court on the 22nd day of February, 2022, copy of which accompanies this citation. WITNESS: JOHN F. WARREN, Clerk of the County Courts ofDallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Dallas, Texas, and issued this 22nd day of February, 2022 A.D.

JOHN F. WARREN, Dallas County Clerk

By glad/i #Wflélfimeputy Guisla Hernandez NOOFFIMSFEESHAVEBEEN mLLECTEDBYDALWwUNTYOflK

ATTORNEY CITATION

PLAINTIFF'S ORIGINAL PETITION

CC-22-00874-E

IN THE COUNTY COURT OF DALLAS

County Court at Law No. Dallas County, Texas

ELIZABETH JOHNSON, INDIVIDUALLY AND AS Plainttffls)

VS. WAL-MART STORES TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#5288, Defendant(s)

SERVE: WAL-MART STORES TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#5288 SERVE ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

ISSUED THIS

22ND DAY OF FEBRUARY, 2022

JOHN F. WARREN, COUNTY CLERK BY: GUISLA HERNANDEZ, DEPUTY

Attorney for Plaintiff LEON KASSAB

1825 MARKET CENTER BLVD

SUITE 350 DALLAS TX 75207 214-219-4878 £11595;

“ma

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 22 of 35 PageID 32
OFFICER’S RETURN

CC-22-00874-E County Court at Law No.

ELIZABETH JOHNSON, INDIVIDUALLY AND AS vs.WAL-MART STORES TEXAS, LLC D/B/A WAL-MART SUPERCENTER #5288

ADDRESS FOR SERVICE: SERVE ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

Fees: Came to hand on the day of 20 at o’clock .m., and executed in County, Texas by delivering to WAL— MART STORES TEXAS, LLC DB/A WAL—MART SUPERCENTER #5288 in person, true copy of this Citation together with the accompanying copy of the PLAINTIFF'S ORIGINAL PETITION with the date and service 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 diligence used in finding said defendant(s) being:

and the cause or failure to execute this process is:

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

Serving Petition and Copy Officer

Total County, Texas

By: DCPUty

Affiant

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 23 of 35 PageID 33
TAB NO. 4 

 

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 24 of 35 PageID 34
T0:

3/3/2022 9:17 AM

Elec rOHN

212

THE STATE OF TEXAS CITATION

CAUSE NO. CC-22-00874-E COUNTY COURT AT LAW NO. Dallas County, Texas

WAL—MART STORES TEXAS, LLC DIE/A WAL-MART SUPERCENTER #5288 SERVE ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

“You have been sued. You may employ

an. attorney. If

the clerk who

you or your Attorney do not file WRITTEN ANSWER with

issued this citation by 10:00 AM. on the Monday next following the expiration of were served this citation and PLAINTIFF'S

twenty days alter you ORIGINAL PETITION, default addition

judgment may be taken against you. In

to filing written answer with the 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

out more at

your answer with the clerk. Find

TexasLawHelp.org.” Your answer should be addressed to the clerk of County Court at Law No. ofDallas County, Texas at the Court House of said County, 600 Commerce Street, Suite 101, Dallas, Texas 75202.

ELIZABETH JOHNSON, INDIVIDUALLY AND AS Plaintififs)

VS. WAL-MART STORES TEXAS, LLC D/B/A WAL-MART SUPERCENTER #5288 Defendant(sj

filed in said Court on the 22nd day of February, 2022, copy of which accompanies

this citation.

HAND WITNESS: AND

JOHN F. WARREN, Clerk ofthe County Courts ofDallas County, Texas. GIVEN UNDER MY

SEAL OF OFFICE, at Dallas, Texas, and issued this 22nd day of February, 2022 AD.

JOHN F. WARREN, Dallas County Clerk

By gMQJ 7L/éfixfiwgfleputy

Guisla Hernandez

ARREN

5’31! areTY

ATTORNEY CITATION

PLAINTIFF'S ORIGINAL PETITION

CC-22-00874-E

IN THE COUNTY COURT 0F DALLAS

County Court at Law No. Dallas County, Texas

ELIZABETH JOHNSON, INDIVIDUALLY AND AS _, Plaintiffls)

VS. WAL—MART STORES TEXAS, LLC D/B/A WAL—MART SUPERCENTER

#5288, Defendant(s)

SERVE: WAL-MART STORES TEXAS, LLC

DIBIA WAL-MART SUPERCENTER

#5288 SERVE ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

ISSUED THIS

22ND DAY OF FEBRUARY, 2022

JOHN F. WARREN, COUNTY CLERK BY: GUISLA HERNANDEZ, DEPUTY

Attorney

for Plaintiff LEON KASSAB

1825 MARKET CENTER BLVD

SUITE 50 DALLAS TX 75207

214-219—4878

‘95“

("0

\‘2 gitp‘s’fi'

it as“

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 25 of 35 PageID 35
CC—22-00874-E OFFICER’S RETURN

County Court at Law No.

ELIZABETH JOHNSON, INDIVIDUALLY AND AS vs.WAL-MART STORES TEXAS, LLC D/B/A WAL—MART SUPERCENTER #5288

ADDRESS FOR SERVICE: SERVE ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

Fees:

r‘ .. Came

‘__ to hand on the°25 day of [I '3 ,3! EV:

20 “232: at it; MART o’clock‘i

.m, and executed El [513 County, Texas by delivering to WAL- STORES TEXAS, LLC DIE/A WAL- SUPERCENTER #5288 in person, true copy of this Citation together with the accompanying copy of the PLAINTIFF'S ORIGINAL PETITION with the date and service at the following times and places

to-wit:

Name Date/Time Place, Course and Distance from Courthouse

21.2. ear-ct Y?“ #700

And not executed as to the defenda11t(s),

The diligence used in finding said defendant(s) being:

and the cause or failure to execute this process is:

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

Serving Petition and Copy _, Officer

5‘ REL/3L1

.4 (”IfLilC.U3L

Total ZS County, Texas SWORN TO AN SUBSCRIBED

BEFOBE ON THIS AY ORE—D— By: "’“Bep-Bty...‘

6x17. (1980/Z5

flee“

[if

r‘ .9 CARRIE MICHELLE DEAN 9%,“: Notary Public. State of Texas

‘- _.,..-‘:*§ Comm. Expires 02—01-2026 Notary ID 133563213

Affiant 395: 129/4409

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 26 of 35 PageID 36
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

certificate of service that complies with all applicable rules.

Envelope ID: 62253089

Status as of 3/4/2022 1:00 PM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Jeff Benton service@thebentonlawfirm.com 3/3/2022 9:17:33 AM SENT

Leon Kassab leon@jeffbenton.com 3/3/2022 9:17:33 AM SENT Gina Marino gina@jeffbenton.com 3/3/2022 9:17:33 AM SENT

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 27 of 35 PageID 37
TAB NO. 5 

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 28 of 35 PageID 38
CAUSE NO. CC-2200874—E

ELIZABETH JOHNSON, IN THE COUNTY COURT

INDIVIDUALLY and as NEXT FRIEND OF M.G. PLAINTIFFS, AT LAW NO. WAL-MART STORES TEXAS, LLC, d/b/a WAL-MART SUPERCENTER

#5288, DEFENDANT. DALLAS COUNTY, TEXAS

DEFENDANT WAL-MART STORES TEXAS, LLC’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, WAL—MART STORES TEXAS, LLC (incorrectly named Wal-Mart

Stores Texas, LLC d/b/a Wal-Mart Supercenter #5288) (“Defendant”)

in the above-styled and

numbered cause, and files this Original Answer to Plaintiff’s Original Petition, and in support

hereof would respectfully show the Court the following.

I. GENERAL DENIAL

1. Defendant denies each and every, all and singular, the material allegations made

and contained in the Original Petition and any petition which Plaintiff may hereinafter file by

way of amendment or supplement, and, in accordance with Texas law, demands that Plaintiff

prove by preponderance of the credible evidence each and every such allegation made and

contained therein, or the prevailing standard of proofrequired by applicable law.

II. AFFIRMATIVE DEFENSES

2. Pleading further, and in the affirmative, Defendant asserts the doctrine of

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF

D/1045972V1

FILED

3/18/2022 1:45 PM

JOHN F. WARREN

COUNTY CLERK DALLAS COUNTY

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 29 of 35 PageID 39
comparative causation as set forth in Chapter 33 of the TEXAS CIVIL PRACTICE REMEDIES

CODE, which may bar any recovery by Plaintiff, or may

in the alternative reduce the amount of

recovery by Plaintiff based on the Plaintiff’ own percentage offault.

3. Pleading further, if necessary, Plaintiff failed to mitigate Plaintiff damages which may have resulted from the occurrence made the basis ofthis lawsuit.

4. In the alternative, and Without waiving the foregoing, Defendant affirmatively

pleads

the defense set forth in TEXAS CIVIL PRACTICE REMEDIES CODE 18.091, requiring

Plaintiff to prove Plaintiffs loss of earning and/or loss of earning capacity in the form which

represents Plaintiffs net loss after reduction for income tax payments or unpaid tax liability on

said loss or earning claim pursuantto any federal income tax law. Id. Additionally, Defendant

requests

the Court to instruct the jury as to whether any recovery for compensatory damages

sought by the Plaintiff, if any, is subject

to federal to state income taxes.

5. Additionally, to the extent Plaintiff’s medical expenses exceed the amount

actually paid on Plaintiffs behalf to Plaintiffs medical providers, Defendant asserts the statutory

defense set forth in 41.0105 of the TEXAS CIVIL PRACTICE REMEDIES CODE. Thus, recovery

of medical or health care expensesincurred by Plaintiff, if any, are limited to the amount actually

paid or incurred by or on behalf of Plaintiff.

6. Pleading further, Defendant would show that it is entitled to credit or offset

equal to the amount of any and all sums that the Plaintiff has received, or may hereinafter

receive, by way of settlement with any person or party. Alternatively, pursuant

to Rule 48 of the

TEXAS RULES OF CIVIL PROCEDURE, Defendant contends that it is entitled to proportionate

reduction of any damagesfound againstit based upon the percentage of negligence attributable

to the settling tortfeasor, cross claimant, designated third party, or other party to this case.

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF D/1045972Vl

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 30 of 35 PageID 40
7. Pleading further, and in the affirmative, Defendant alleges Plaintiff’s claims for

pre-judgment

interest are limited by the dates and amounts set forth in 304.101 of the TEXAS

FINANCE CODE and 41.007 of the TEXAS CIVIL PRACTICE REMEDIES CODE.

8. Pleading further, and in the affirmative, Defendant invokes §41.0105 of the

TEXAS CIVIL PRACTICE REMEDIES CODE concerning Plaintiff claim for the recovery of health

care expenses and other related damages, past and future.

9. Pleading further, and in the affirmative, Defendant asserts the doctrine of

proportionate responsibility of TEXAS CIVIL PRACTICE REMEDIES CODE Chapter 33, which may bar any recovery by Plaintiff, or may in the alternative, reduce the amount of recovery by

Plaintiff based on Plaintiffs own percentage offault.

10. Pleading further, and in the affirmative, Defendant would show that the alleged

occurrence made the basis of this lawsuit was the result of circumstances and/or events that were

not of Defendant’s own creation. Defendant would further Show that it acted just as similar

situated reasonable premises owner would have acted under the same or similar circumstances

surrounding the matters made the basis ofthis lawsuit.

11. Pleading further, and in the affirmative, Defendant alleges that the injuries and

damages alleged by Plaintiff may be due to Plaintiff own negligence and recklessness in that

Plaintiff’s failure to exercise ordinary care proximately caused, in whole or in part, the alleged

injuries and damages complained of by Plaintiff. Plaintiff’s acts and omissions, whether taken

together or separately, may be the sole proximate cause, or proximate cause of the injuries and

damages Plaintiff has alleged in this lawsuit. Any recovery by Plaintiff is therefore barred, or

alternatively should be reduced in accordance with the applicable law.

12. Pleading further, and in the affirmative, the injuries plead by Plaintiff may have

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF D/1045972Vl

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 31 of 35 PageID 41
been caused, in whole or in part, by superseding and/or intervening causes, including preexisting

conditions and/or injuries and subsequently occurring injuries and/or conditions that were not

Defendant’s own creation.

13. Pleading further, if necessary, Plaintiff’s claims may have been caused by an

unavoidable accident, Act of God, or an occurrence Without any fault on the part ofDefendant.

14. Pleading further and in the alternative, Defendant alleges that any claims for or

recovery of exemplary damages against

it violates the Fifth, Eighth, and Fourteenth Amendments

to the United States Constitution, and Sections 3, l3 and l9 of Article of the Texas

Constitution, because such claims as made are arbitrary, unreasonable, and violate Defendant’s

rights

to due process and equal protection ofthe laws.

15. Pleading further and in the alternative, to the extent any recovery of exemplary

damages

is found to be constitutional, Defendant invokes all the limitations upon damages and

exemplary damages contained in Chapter 41 of the Texas Civil Practice Remedies Code, both

in terms of the maximum amount of damages

that can be awarded pursuantto that statute and the

procedural safeguards guaranteed by the referenced provisions.

l6. Pleading further and in the alternative, Defendant also invokes all other applicable

state law, federal law, statutory and/or common-law caps or limitations on exemplary damages.

III. NOTICE OF INTENT

l7. Defendant filrther places Plaintiff on notice that pursuantto TEXAS RULE OF CIVIL

PROCEDURE 193.7 it may use in pretrial proceedings or at trial any and all documents and

tangible things produced in discovery by Plaintiff.

IV. DEMAND FOR JURY TRIAL

18. In accordance with Rule 216 of the TEXAS RULES 0F CIVIL PROCEDURE,

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF

D/1045972V1

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 32 of 35 PageID 42
Defendant hereby demands trial by jury. WI-lEREFORE, PREMISES CONSIDERED, Defendant prays

that Plaintiff take

nothing by this suit against Defendant, that Defendant be discharged, and that the Court grant

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

Respectfully submitted,

COOPER SCULLY, P.C.

By: /s/Derek S. Davis DEREK S. DAVIS

Texas Bar No. 00793591 Email: Derek.DaVis@CooperScullv.com

CLARISSA A. PRICE

Texas Bar No. 24082450

Email: Clarissa.Price@CooperScullv.com

900 Jackson Street, Suite 100 Dallas, Texas 75202

Telephone: (214) 2-9500

Facsimile: (214) 712-9540

ATTORNEYS FOR DEFENDANT WAL-MART STORES TEXAS, LLC

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF

D/1045972V1

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 33 of 35 PageID 43
CERTIFICATE OF SERVICE

hereby certify that on the 18th day of March, 2022, true and correct copy of the

foregoing document was served on counsel of record via the Court’s ECF filing service as

follows:

Jeff Benton

Leon R. Kassab

THE BENTON LAW FIRM

1825 Market Center Blvd., Suite 350 Dallas, Texas 75207

Telephone: (214) 219-4878

Facsimile: (214) 615-2950

Email: Service@TheBentonLawFinn.com

ATTORNEY FOR PLAINTIFF

/s/Derek S. Davis DEREK S. DAVIS

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF D/1045972Vl

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 34 of 35 PageID 44
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

certificate of service that complies with all applicable rules.

Karri Minster on behalf of Derek Davis Bar No. 793591

karri.minster@cooperscully.com

Envelope ID: 62745671

Status as of 3/18/2022 2:17 PM CST

Case Contacts

Associated Case Party: WAL-MART STORES TEXAS, LLC D/B/A WAL-MART SUPERCENTER #5288

Name BarNumber Email TimestampSubmitted Status

Jeff Benton service@thebentonlawfirm.com 3/18/2022 1:45:44 PM SENT

Leon Kassab leon@jeffbenton.com 3/18/2022 1:45:44 PM SENT Gina Marino gina@jeffbenton.com 3/18/2022 1:45:44 PM SENT

Name BarN um ber Email TimestampSubmitted Status Derek Davis derek.davis@cooperscully.com 3/18/2022 1:45:44 PM SENT

Clarissa Price Clarissa.price@cooperscully.com 3/18/2022 1:45:44 PM SENT

Kim Denton kim.denton@cooperscully.com 3/18/2022 1:45:44 PM SENT

Karri Minster Karri.Minster@cooperscully.com 3/18/2022 1:45:44 PM SENT

Case 3:22-cv-00700-D Document 1-3 Filed 03/25/22 Page 35 of 35 PageID 45