EXHIBIT A-1

Case 4:22-cv-00685-P Document 1-2 Filed 08/09/22 Page 1 of 6 PageID 10
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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

CAUSE NO. __________________

FELICE OWENS, § IN THE DISTRICT COURT

 Plaintiff, § 

 § 

v. § _____ JUDICIAL DISTRICT 

 § 

COSTCO WHOLESALE CORPORATION § 

Defendant. § TARRANT COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

NOW COMES, Felice Owens, Plaintiff, complaining of and against Defendant Costco 

Wholesale Corporation (hereinafter “Costco”), and for cause of action would respectfully show 

the following: 

I. DISCOVERY CONTROL PLAN LEVEL

1.01 Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, this case will be 

governed according to Discovery Control Plan Level 2. Plaintiff seeks damages in excess of 

$100,000, but less than $200,000. 

II. PARTIES, JURISDICTION, AND VENUE

2.01 Plaintiff is an individual residing in Texas. 

2.02 Defendant Costco Wholesale Corporation is a Corporation and may be served with 

process upon its registered agent, CT Corporation System, 1999 Bryan St., Ste. 900 Dallas, TX 

75201 or wherever he may be found. 

2.03 This Court has jurisdiction and venue over the parties to 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 claims herein occurred in Tarrant

County, Texas. 

III. STATEMENT OF FACTS

3.01 At all material times, the Costco Defendants, individually and/or collectively 

were the owner(s) and/or operator(s) of the Premises located at 2601 E. State highway 114, 

Southlake, TX 76092. Costco was in control of the Premises on which Plaintiff’s injuries occurred. 

153-334574-22

FILED

TARRANT COUNTY

7/12/2022 11:15 AM

THOMAS A. WILDER

DISTRICT CLERK

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At the time the injuries occurred, Costco had the exclusive right to control the property on which 

Plaintiff was injured. 

3.02 Plaintiff was an invitee at the time the injury occurred. Plaintiff went on the 

Premises for the mutual benefit of herself and Costco, and at the invitation of Costco. 

3.03 At the time of the events in question, the Costco owed Plaintiff a duty to exercise 

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

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

3.04 On or about October 25, 2020, Plaintiff entered the premises, and slipped near 

the cart return and suffered severe injuries. There were no warning signs in the area. 

3.05 Costco Defendants were responsible for maintaining a safe Premises.

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

IV. CAUSE OF ACTION FOR PREMISES LIABILITY

4.01 At all material times, Costco themselves, or acting through their administrative 

personnel, agents and/or 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 a proximate result of the negligence of Costco, Plaintiff suffered the serious 

personal injuries complained of herein. 

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

exercise ordinary care to keep the premises in a 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 Costco’s conduct, and that of any agents, servants, and/or employees, acting within 

the scope of their employment, constituted a 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, Costco

breached their duties in one or more of the following ways: 

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

b. Failing to correct or warn of the dangerous conditions created by the

concealed raised step, 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 a 

premises free of recognized hazards; 

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f. Failing to provide a safe walking surface; 

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

 maintain a hazard free environment; 

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

 the safety of invitees.

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

was a proximate cause of Plaintiff's injuries and damages. 

V. DAMAGES

5.01 As a proximate result of Defendants’ 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 earnings in the past and future; 

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

e. Physical impairment in the past and future; and 

f. Medical expenses in the past and future. 

WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendants be cited to 

appear and answer, and that on final trial she has judgment against Defendants in a sum in excess 

of the minimum jurisdictional limits of the Court; prejudgment and post judgment interest as 

provided by law; costs of suit; and such other and further relief to which Plaintiff may show herself 

to be justly entitled.

 

 Respectfully submitted,

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THE BENTON LAW FIRM

__/s/ Leon R. Kassab________________________ 

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.com

ATTORNEYS FOR PLAINTIFF

Case 4:22-cv-00685-P Document 1-2 Filed 08/09/22 Page 5 of 6 PageID 14
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.

Gina Marino on behalf of Leon Kassab

Bar No. 24095164

gina@jeffbenton.com

Envelope ID: 66228790

Status as of 7/12/2022 12:28 PM CST

Case Contacts

Name

Gina Marino

Jeff Benton

Leon Kassab

BarNumber Email

gina@jeffbenton.com

service@thebentonlawfirm.com

leon@jeffbenton.com

TimestampSubmitted

7/12/2022 11:15:50 AM

7/12/2022 11:15:50 AM

7/12/2022 11:15:50 AM

Status

SENT

SENT

SENT

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