INDEX OF STATE COURT DOCUMENTS PAGE 1 OF 8

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

FRANCELIS CHIRINOS,

PLAINTIFF,

v.

WAL-MART STORES OF TEXAS, LLC 

D/B/A WAL-MART SUPERCENTER 

#2649 AND WAL-MART STORES, INC.,

DEFENDANTS.

§

§

§

§

§

§

§

§

§

§

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. 1, Dallas, 

County Texas for Cause No. CC-22-03618-A

08/11/2022

2. Plaintiff’s Original Petition 07/08/2022

3. Citation Issued for Wal-Mart Stores Texas, LLC d/b/a Wal-Mart 

Supercenter #2649

07/08/2022

4. Citation Issued for Wal-Mart Stores, Inc. 07/08/2022

5. Return of Service for Wal-Mart Stores Inc. 07/14/2022

6. Return of Service for Wal-Mart Stores db/a/ Wal-Mart Supercenter 

#2649

07/14/2022

7. Wal-Mart Stores Texas, LLC’s Original Answer 08/05/2022

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 1 of 36 PageID 12
TAB NO. 1

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 2 of 36 PageID 13
Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 3 of 36 PageID 14
Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 4 of 36 PageID 15
Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 5 of 36 PageID 16
TAB NO. 2

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 6 of 36 PageID 17
FILED

7/8/2022 4:06 PM

JOHN F. WARREN

COUNTY CLERK 00-22-0361 8-A

DALLAS COUNTY CAUSE NO.

FRANCELIS CHIRINOS, PLAINTIFF

IN THE COUNTY COURT VS.

AT LAW NO. WAL-MART STORES OF TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#2649 and WAL-MART STORES, INC., DEFENDANTS DALLAS COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, FRANCELIS CHIRINOS, complaining of and about WAL-MART

STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649 and WAL-MART

STORES, INC. (“Defendants”) and for cause of action shows unto the Court the following: DISCOVERY CONTROL PLAN LEVEL

1. Plaintiff intends that discovery be conducted under Discovery Level 2. Pursuant to Chapter 47

of the Texas Rules of Civil Procedure, Plaintiff seeks maximum recovery of over

$250,000.00, but not more than 1,000,000,000.

PARTIES AND SERVICE

2. Plaintiff, FRANCELIS CHIRINOS is an individual whose address is 3502 W. Walnut Hill

Ln #2008, Irving, Texas 75038.

3. Defendant WAL-MART STORES 0F TEXAS, LLC, D/B/A WAL-MART

SUPERCENTER #2649 is foreign limited liability company and whose registered agent, CT Corporation System may be served at 1999 Bryan Street, Suite 900, Dallas, Texas 75201.

Issuance of Citation is requested at this time.

PLAINTIFF’S ORIGINAL PETITION

Page

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 7 of 36 PageID 18
4. Defendant WAL-MART STORES, INC.,

is an Arkansas-based corporation that is

incorporated in the state of Delaware and Whose registered agent, CT Corporation System may be served 1999 Bryan Street, Suite 900, Dallas, Texas 75201. Issuance of Citation is

requested at this time

JURISDICTION AND VENUE

5. The subject matter in controversy is within the jurisdictionallimits ofthis court.

6. This court has jurisdiction over Defendants because said Defendants purposefully availed

themselves of the privilege of conducting activities in the State of Texas and established minimum contacts sufficient to confer jurisdiction over said Defendants, and the assumption

ofjurisdiction over Defendants will not offend traditional notions of fair play and substantial

justice and is consistent with the constitutional requirements of due process.

7. Plaintiff would also show that the cause of action arose from or relates to the contacts of

Defendants to the State of Texas, thereby conferring specific jurisdiction with respectto

Defendants.

8. Furthermore, Plaintiff would show that Defendants engaged in activities constituting business

in the State of Texas as provided by section 17.042 of the Texas Civil Practice and Remedies

Code, in that said Defendant committed tort in Texas.

9. Venue in Dallas County is properin this cause under Section 15.002(a)(1) of the Texas Civil

Practice and Remedies Code because all or substantial part of the events or omissions giving

rise to this lawsuit occurred in this county.

10. On or about June 26, 2022, Plaintiff FRANCELIS CHIRINOS was shopping with her

husband and daughter. She was inside the entrance of Wal-Mart Supercenter #2649, near

where the carts are stored. At that time, Defendants’ employee was pushing train of carts

PLAINTIFF’S ORIGINAL PETITION

Page

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 8 of 36 PageID 19
with machine. Because the employee was not paying attention, the front of the train of carts

was going to hit Plaintiff and her year old daughter. Plaintiff pushed her daughter out of the

way to prevent her daughter

from getting hit. However, the train of carts violently struck

Plaintiff. As result of the negligence of Defendants’ employee, Plaintiff sustained severe

injuries.

PLAINTIFF'S CLAIM OF NEGLIGENCE AGAINST DEFENDANTS

11. Plaintiff alleges that Defendants WAL-MART STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649 and WAL-MART STORES, INC. were negligent

in

the hiring of the employee that was pushing the train of carts, with machine, in that

Defendants knew, or in the exercise of reasonable care should have known, that its employee

was unf1t or unqualified to push the train of carts while in the presence of patrons during store

hours.

12. Plaintiff alleges, in addition and without waiving the foregoing, that Defendants WAL-MART

STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649 and WAL-MART

STORES, INC. were negligent

in the supervision ofits employeesin that Defendants knew, or

in the exercise of reasonable care, should have known that its employee was unfit or

unqualified for position in which it was required to safely push shopping carts during

business hours when patrons were on the premises.

13. Plaintiff alleges, in addition and without waiving the foregoing, that Defendants WAL-MART

STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649 and WAL-MART

STORES, INC. owed duty of reasonable care to Plaintiff, FRANCELIS CHIRINOS.

Defendants negligently failed to comply with this duty when Defendants’ employee hit

Plaintiff with the front of the train of carts and was about to hit Plaintiff four year old

daughter, to wit:

PLAINTIFF’S ORIGINAL PETITION

Page

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 9 of 36 PageID 20
a. In that Defendants’ employee failed to keep proper

lookout as person of ordinary

prudence would have kept under the same or similar circumstances;

b. In that Defendants’ employee was not pushing the train of the carts attentively while

patrons were on the premises;

c. Failing to warn patrons ofthe negligent employee;

d. Failing to train, educate, test and instruct its workers;

e. Failure to adequately supervise;

f. In Defendants’ employee failing to act as reasonably prudent person would have

under the same or similar circumstances.

14. Defendants’ acts and omissions constitute negligence.

15. Defendants’ breach of these duties directly and proximately caused Plaintiff’ injuries.

PLAINTIFF'S CLAIMS FOR PREMISES LIABILITY AGAINST DEFENDANTS

16. In addition to, and without waiving the foregoing, the Plaintiff makes premises liability

claim againstthe Defendants, as detailed below.

17. At all relevant times herein, Defendants had such control over the premisesin question that

Defendants owed certain duties to Plaintiff, the breach of which proximately caused the

injuries set forth herein.

18. At all relevant times herein, Plaintiff was an “invitee,” as classified under Texas law at the

time of the incident in question. Plaintiff entered Defendants’ premises

in question for the mutual benefit of Plaintiff and Defendants and/or for purpose connected with the business of

Defendants. Defendants’ employee had control of the area Where Plaintiff was injured.

19. Defendants, Defendants’ agents, and employeesfailed to maintain safe environment by not

properly moving shopping carts from one place to another and not adequately paying attention

while using the cart pushing machine.

PLAINTIFF’S ORIGINAL PETITION

Page

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 10 of 36 PageID 21
21

20. At all times pertinent herein, Defendants, Defendants’ agents and employees, who were acting

in the scope of their employment, are liable to Plaintiff for their negligent conduct toward the

Plaintiff:

In Defendant failing to maintain safe environment by not safely moving

shopping carts from one area to another while customers were present;

In Defendant failing to have appropriate safety procedures for their employees and

agents on how to move shopping carts from one area to another and how to operate

shopping cart pushing machine While customers are present, to prevent

the sort ofinjuries sustained by Plaintiff;

In Defendant, Defendant’s employees and agents failing to use due and reasonable

care to avoid creating the dangerous environment that caused Plaintiff severe

injuries and damages;

In Defendant failing to properly train and supervise its employees and agents

to

employees and/or agents failing to warn Plaintiff which proximately caused Plaintiff’s injuries and damages;

In Defendant, through its employee and/or agents, creating an unreasonable risk of harm by creating dangerous condition thereby putting Defendant on notice because when an owner or occupier of premise, or those for whose conduct it is

responsible, creates condition that poses an unreasonable risk of harm, an

inference of knowledge may arise that Defendant knew or should have known

about the risk of dangerto Plaintiff. Keetch v. Kroger, 845 S.W.2d 262, 265 (Tex. 1992); Robledo v. Kroger, 597 S.W.2d 560 (Tex. CiV. App.—Eastland 1980, writ ref’d n.r.e.); See Wal—Mart Stores, Inc. v. Diaz 109 S.W.3d 584, 589 (Tex. 2003); and

VI. RESPONDEAT SUPERIOR

At all relevant times, Defendants’ negligent employees were acting in the scope of their

employment with Defendants. Therefore, under the principle ofrespondeat superior, the masters are

liable for their servant’s torts.

22.

VII. DAMAGES FOR PLAINTIFF

As direct and proximate result of the occurrence made the basis ofthis lawsuit,

Plaintiffwas caused to suffer physical injuries, and to incur the following damages:

A. Reasonable medical care and expensesin the past; B. Reasonable and necessary medical care and expenses which will in all PLAINTIFF’S ORIGINAL PETITION

Page

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 11 of 36 PageID 22
reasonable probability be incurred in the future;

Physical pain and suffering in the past;

Physical pain and suffering in the future; Mental anguish in the past; Mental anguish in the future;

Loss of earningsin the past;

Impairment

in the past;

Impairment

in the future;

Loss of earning capacity;

Loss of earning capacity in the future; and

Past and future disfigurement.

PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays

that the

Defendants be cited to appear and answer herein, and that upon final hearing of the cause, judgment

be entered for the Plaintiff against Defendants for damages

in an amount Within the jurisdictional

limits of the Court; together with pre-judgmentinterest (from the date of injury through the date of

judgment) at the maximum rate allowed by law; post-judgment

interest at the legal rate, costs of

court; and such other and further relief to which Plaintiffmay be entitled at law or in equity.

Respectfiilly submitted,

LAW OFFICE OF TRUJILLO SANCHEZ, P.C.

By: [$1 James D. Trulil/o

James D. Trujillo

State Bar No. 24056453 Service Email: Faxes@9721awfirm.com

500 E. John Carpenter Fwy., Ste. 140

Irving, Texas 75062 Tel/Fax: (972) 529-3476 ATTORNEY FOR PLAINTIFF

PLAINTIFF’S ORIGINAL PETITION

Page

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 12 of 36 PageID 23
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. David Sanchez on behalf of James Trujillo Bar No. 24056453

faxes@972lawfirm.com

Envelope ID: 66159305

Status as of 7/8/2022 4:21 PM CST

Associated Case Party: FRANCELIS CHIRINOS

Name BarNumber Email TimestampSubmitted Status

Raquel LeBlanc raquel@972lawfirm.com 7/8/2022 4:06:00 PM SENT

James Trujillo faxes@972lawfirm.com 7/8/2022 4:06:00 PM SENT

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 13 of 36 PageID 24
TAB NO. 3

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 14 of 36 PageID 25
T0:

THE STATE OF TEXAS CITATION

CAUSE N0. CC-22-03618—A COUNTY COURT AT LAW NO. Dallas County, Texas

WAL-MART STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649 SERVE THROUGH 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 after 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 TexasLawHelporg.” 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.

FRANCELIS CHIRINOS Plaintijfls)

VS. WAL-MART STORES 0F TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649; WAL-MART

STORES, INC. Defendant(s) filed in said Court on the 8th day ofJuly, 2022, copy of which accompanies this citation. WITNESS: JOHN F. WARREN, Clerk of the County Courts of Dallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Dallas, Texas, and issued this 11th day of July, 2022 A.D.

JOHN F. WARREN, Dallas County Clerk

By Deputy Chantel Crawford

NO OFFIER'S FEES HAVE BEEN

leECTED BY DALLE CDUNTY CLERK

ATTORNEY CITATION

PLAINTIFF'S ORIGINAL PETITION

CC-22-03618—A

IN THE COUNTY COURT 0F DALLAS

County Court at Law No. Dallas County, Texas

FRANCELIS CHIRINOS, Plaintiff(s)

VS. WAL-MART STORES OF TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#2649; WAL-MART STORES, INC, Defendant(s)

SERVE: WAL-MART STORES OF TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#2649 SERVE THROUGH REGISTERED

AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

ISSUED THIS

11TH DAY OF JULY, 2022

JOHN F. WARREN, COUNTY CLERK BY: CHANTEL CRAWFORD, DEPUTY

Attorney for Plaintiff

JAMES TRUJILLO

500 JOHN CARPENTER FWY

STE 140

IRVING TX 75062 972-529-3476

“(W C06

a, a... film“

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 15 of 36 PageID 26
OFFICER’S RETURN

CC-22-03618-A County Court at Law No.

FRANCELIS CHIRINOS vs. WAL-MART STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649, WAL-MART STORES, INC.

ADDRESS FOR SERVICE: SERVE THROUGH 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 OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649 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: Deputy

Affiant

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 16 of 36 PageID 27
TAB NO. 4

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 17 of 36 PageID 28
T0:

THE STATE OF TEXAS CITATION

CAUSE NO. CC-22-03618—A COUNTY COURT AT LAW NO. Dallas County, Texas

WAL-MART STORES, INC. SERVE THROUGH 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 after you were served this citation and PLAINTIFF'S ORIGINAL PETITION, defaultjudgment 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 N0. ofDallas County, Texas at the Court House of said County, 600 Commerce Street, Suite 101, Dallas, Texas 75202.

FRANCELIS CHIRINOS Plainttfia)

VS. WAL-MART STORES 0F TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649; WAL-MART

STORES, INC. Defendant(s) filed in said Court on the 8th day ofJuly, 2022, copy of which accompanies this citation. WITNESS: JOHN F. WARREN, Clerk of the County Courts of Dallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Dallas, Texas, and issued this 11th day ofJuly, 2022 A.D.

JOHN F. WARREN, Dallas County Clerk

By Deputy Chantel Crawford NO OFFICERS FEES HAVE BEEN mLLECI'ED BY DALLAS mUNTY CLERK

ATTORNEY CITATION

PLAINTIFF'S ORIGINAL PETITION

CC-22-03618-A

IN THE COUNTY COURT OF DALLAS

County Court at Law No. Dallas County, Texas

FRANCELIS CHIRINOS, Plaintiffls)

VS. WAL-MART STORES OF TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#2649; WAL-MART STORES, INC, Defendant(s)

SERVE: WAL-MART STORES, INC. SERVE THROUGH REGISTERED

AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

ISSUED THIS

11TH DAY OF JULY, 2022

JOHN F. WARREN, COUNTY CLERK BY: CHANTEL CRAWFORD, DEPUTY

Attorney for Plaintiff

JAMES TRUJILLO

500 JOHN CARPENTER FWY

STE 140

IRVING TX 75062 972-529-3476

fogT‘LEod

mo;

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 18 of 36 PageID 29
OFFICER’S RETURN

CC-22-03618-A County Court at Law No.

FRANCELIS CHIRINOS vs. WAL-MART STORES OF TEXAS, LLC D/B/A WAL—MART SUPERCENTER #2649, WAL-MART STORES, INC.

ADDRESS FOR SERVICE: SERVE THROUGH 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, INC. 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 placesto-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: Deputy

Affiant

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 19 of 36 PageID 30
TAB NO. 5

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 20 of 36 PageID 31
TO:

THE STATE OF TEXAS CITATION

CAUSE N0. CC-22-03618-A COUNTY COURT AT LAW NO. Dallas County, Texas

WAL-MART STORES, INC. SERVE THROUGH 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 after were

you 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.

FRANCELIS CHIRINOS Plaintiffls)

VS. WAL—MART STORES 0F TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649; WAL-MART

STORES, INC. Defendant(s) filed in said Court on the 8th day ofJuly, 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 11th day ofJuly, 2022 A.D.

JOHN F. WARREN, Dallas County Clerk

By Deputy Chantel Crawford

FILED

7/14/2022 5:19 PM

EIeCtlfltilfdlEBHflmEN

7/11/m2flJ’NW GWRK

COUNTY

NO OFFIQR'S FEES HAVE BEEN mLLECI'ED BY DALLAS COUNTY CLERK

ATTORNEY CITATION

PLAINTIFF'S ORIGINAL PETITION

CC—22—03618—A

IN THE COUNTY COURT OF DALLAS

County Court at Law No. Dallas County, Texas

FRANCELIS CHIRINOS, Plaintiffls)

VS. WAL-MART STORES OF TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#2649; WAL-MART STORES, INC., Defendant(s)

SERVE: WAL-MART STORES, INC. SERVE THROUGH REGISTERED

AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

ISSUED THIS

11TH DAY OF JULY, 2022

JOHN F. WARREN, COUNTY CLERK BY: CHANTEL CRAWFORD, DEPUTY

Attorney for Plaintiff

JAMES TRUJILLO

500 JOHN CARPENTER FWY

STE 140

IRVING TX 75062 972-529-3476

gxxfiioé

‘53

is... film“

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 21 of 36 PageID 32
OF ICER’S RETURN

CC-22—03618-A County Court at Law No.

FRANCELIS CHIRINOS vs. WAL—MART STORES OF TEXAS, LLC D/BfA WAL-MART SUPERCENTER #2649, WAL-MART STORES, INC. ADDRESS FOR SERVICE: SERVE THROUGH REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

Fees:

.4Jfl

Came to hand on the day of Jet/['4 20 éz, at o’clock .m., and executed in muofi County, Texas by delivering to WAL- MART STORES, INC. 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 walnnd’Siom rap/IMQS! LLf Efiwvim Malawi AW CLl/Ceqmasii’on 343m {Timid} minim/)5) C5 935L900 ma Raf“ Shreai’akli’éfioa Delia? {Te/Kai g175é~153l 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 313% 3173““?

foi’cfier

Total 9a [[06 County, Texas CM Sim SW FWC-l‘fl/e #353

“iv-:30, CARRIE MICHELLE DEAN

(' SWO To SUBSCR BEFOR ME ON THIS DAY OF

"""" 3%": Notary Public: 5““ °f Tm” Affiant 56:5 Comm. Expires 02-01-2026 mlhii mm 33:"? Noml0133563213

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 22 of 36 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

certificate of service that complies with all applicable rules.

Envelope ID: 66342260

Status as of 7/15/2022 3:01 PM CST

Associated Case Party: FRANCELIS CHIRINOS

Name BarNumber Email TimestampSubmitted Status

James Trujillo faxes@972lawfirm.com 7/14/2022 5:19:55 PM SENT

Raquel LeBlanc raquel@972lawfirm.com 7/14/2022 5:19:55 PM SENT

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 23 of 36 PageID 34
TAB NO. 6

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 24 of 36 PageID 35
TO:

THE STATE OF TEXAS CITATION

CAUSE N0. CC-22—03618-A COUNTY COURT AT LAW NO. Dallas County, Texas

WAL-MART STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649 SERVE THROUGH REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

“You have been sued. You may employ

an attorney. Ifyou 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. of Dallas County, Texas at the Court House of said County, 600 Commerce Street, Suite 101, Dallas, Texas 75202.

FRANCELIS CHIRINOS

Ptaintiffls)

VS. WAL-MART STORES 0F TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649; WAL-MART

STORES, INC. Defendant(s) filed in said Court on the 8th day ofJuly, 2022, copy ofwhich accompanies this citation. WITNESS: JOHN F. WARREN Clerk ofthe County Courts ofDallas County, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE, at Dallas, Texas, and issued this 11th day ofJuly, 2022 A.D.

JOHN F. WARREN, Dallas County Clerk

By Deputy Chantel Crawford

FILED

7/14/2022 5:21 PM

ElectrMBNIFSWRRRE \l 7/11/2Q?@UN2?(R£MER DALLAS COUNTY

NO OFFIGR‘S FEES HAVE BEEN mLLECI'ED BY DALLM COUNTY CERK

ATTORNEY CITATION

PLAINTIFF'S ORIGINAL PETITION

CC-22-03618-A

IN THE COUNTY COURT 0F DALLAS

County Court at Law No. Dallas County, Texas

FRANCELIS CHIRINOS, Plaintwm

VS. WAL-MART STORES OF TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#2649; WAL-MART STORES. INC., Defendant(s)

SERVE: WAL-MART STORES 0F TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#2649 SERVE THROUGH REGISTERED

AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

ISSUED THIS

11TH DAY OF JULY, 2022

JOHN F. WARREN. COUNTY CLERK BY: CHANTEL CRAWFORD, DEPUTY

Attorney for Plaintiff

JAMES TRUJILLO

500 JOHN CARPENTER FWY

STE 140

IRVING TX 75062 972-529-3476

TLEOE

@222 RING

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 25 of 36 PageID 36
OFFICER’S RETURN

CC—22-03618-A County Court at Law No.

FRANCELIS CHIRINOS vs. WAL-MART STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649, WAL-MART STORES, INC.

ADDRESS FOR SERVICE: SERVE THROUGH REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET SUITE 900 DALLAS TX 75201

Fees: 714‘ Came to hand on the

it day of u“ U) 20 2/1 at o’clock .m., and executed in EZLUQCS County, Texas by delivering to WAL- MART STORES OF TEXAS, LLC D/B/A‘WAL-MART SUPERCENTER #2649 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 M- More? acres mP’VuCasLLC fiifitrtfiflg

Register/pal (51’(mmmtim

Seam; (Ti mam {an/6) drainage@2Elm @ng Men Simifioiiz 9C0 Mienwas 7390i

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 (Ba/gal S1\m Officer“ t/ 0%

Total WES ,County, Texa ex .3 {(93 {moToi ED BEFOE By: 97"; 6‘9“”

ON THIS DDAUY Affiant Rtwee-

:wvL \J' v- 'vl .-

"—

CARRIE MICHELLE DEAN

Notary Public, State of Texas Comm. Expires 02-01-2028 Notary ID 133583213

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 26 of 36 PageID 37
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: 66342326

Status as of 7/15/2022 3:05 PM CST

Associated Case Party: FRANCELIS CHIRINOS

Name BarNumber Email TimestampSubmitted Status

James Trujillo faxes@972lawfirm.com 7/14/2022 5:21 :40 PM SENT

Raquel LeBlanc raquel@972lawfirm.com 7/14/2022 5:21:40 PM SENT

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 27 of 36 PageID 38
TAB NO. 7

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 28 of 36 PageID 39
CAUSE NO. CC-22-03618-A

FRANCELIS CHIRINos, IN THE COUNTY COURT PLAINTIFF,

v. AT LAW N0. WAL-MART STORES OF TEXAS, LLC

D/B/A WAL-MART SUPERCENTER

#2649 AND WAL-MART STORES, INC., DEFENDANTS. 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 OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649 AND WAL-MART

STORES, INC.) (“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

l. 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 ofproofrequired by applicable law.

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

FILED

8/5/2022 5:09 PM

JOHN F. WARREN

COUNTY CLERK DALLAS COUNTY

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 29 of 36 PageID 40
II. AFFIRMATIVE DEFENSES

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

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 Plaintiffbased on the Plaintiff’s own percentage offault.

3. Pleading further, if necessary, Plaintiff failed to mitigate Plaintiffs 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 Plaintiff’s loss of earning and/or loss of earning capacity in the form which

represents Plaintiff 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 Plaintiffs medical expenses exceed the amount

actually paid on Plaintiff’s behalf to Plaintiff’s 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 expenses incurred 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 0F CIVIL PROCEDURE, Defendant contends that it is entitled to proportionate

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

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 30 of 36 PageID 41
reduction of any damages

found againstit based upon the percentage of negligence attributable

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

7. Pleading further, and in the affirmative, Defendant alleges Plaintiff’ 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‘s claim for the recovery of health

care expenses and other related damages, past and future.

9. Pleading filrther, 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

Plaintiffbased on Plaintiffs own percentage of fault.

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 of this lawsuit.

11. Pleading fiIrther, and in the affirmative, Defendant allegesthat the injuries and

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

Plaintiff 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

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

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 31 of 36 PageID 42
alternatively should be reduced in accordance with the applicable law.

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

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 of Defendant.

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, 13 and 19 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 of the 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.

16. 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 further places Plaintiff on notice pursuantto TEXAS RULE OF CIVIL

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

tangible things produced in discovery by plaintiff.

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

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 32 of 36 PageID 43
IV. DEMAND FOR JURY TRIAL

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

Defendant hereby demands trial by jury.

V. SERVICE CONTACT

19. Pursuant to TEXAS RULE OF CIVIL PROCEDURE 21, 21(a) and 21(b),

Defendant provides notice that the electronic service of any documents filed in this matter shall

not be perfected unless each of the following individuals are served with the filing at their

respective email address: Derek Davis Derek.Davis@cooperscully.com, James Kuritzkes

ames.Kuritzkes@cooperscully.com, Kim Denton Kim.Denton@cooperscully.com, and

Heather Savant Heather.Savant@cooperscully.com.

WHEREFORE, 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.

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

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 33 of 36 PageID 44
Respectfully submitted,

COOPER SCULLY, P.C.

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

Texas Bar No. 00793591 Email: DerekDaVis@CooperScu11y.com

JAMES KURITZKES

Texas Bar N0. 24120956 Email: ames.Kuritzkes@CooperScully.com

900 Jackson Street, Suite 100 Dallas, Texas 75202

Telephone: (214) 712-9500

Facsimile: (214) 712-9540

ATTORNEY FOR DEFENDANT WAL-MART STORES TEXAS, LLC

CERTIFICATE OF SERVICE

hereby certify that on the 5th day of August, 2022, true and correct copy of the

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

follows:

James D. Trujillo

State Bar No. 24056453

Service Email: Faxes@972lawfirm.com

LAW OFFICE OF TRUJILLO SANCHEZ, P.C. 500 E. John Carpenter Fwy., Ste. 140

Irving, Texas 75062

(972) 529-3476 Tel/Fax

ATTORNEY FOR PLAINTIFF

/s/Derek S. Davis DEREK S. DAVIS

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

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 34 of 36 PageID 45
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.

Heather Savant on behalf of Derek Davis Bar No. 793591 heather.savant@cooperscully.com

Envelope ID: 67030087

Status as of 8/9/2022 10:10 AM CST

Associated Case Party: FRANCELIS CHIRINOS Name BarNumber Email

James Trujillo faxes@972lawfirm.com

Raquel LeBlanc raquel@972lawfirm.com

TimestampSubmitted Status 8/5/2022 5:09:41 PM SENT

8/5/2022 5:09:41 PM SENT

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 35 of 36 PageID 46
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.

Heather Savant on behalf of Derek Davis Bar No. 793591 heather.savant@cooperscully.com

Envelope ID: 67030087

Status as of 8/9/2022 10:10 AM CST

Associated Case Party: WAL-MART STORES OF TEXAS, LLC D/B/A WAL-MART SUPERCENTER #2649

Name BarNumber Email TimestampSubmitted Status Derek Davis derek.davis@cooperscully.com 8/5/2022 5:09:41 PM SENT

James Kuritzkes james.kuritzkes@cooperscully.com 8/5/2022 5:09:41 PM SENT Heather Savant heather.savant@cooperscuIIy.com 8/5/2022 5:09:41 PM SENT

Kim Denton kim.denton@cooperscully.com 8/5/2022 5:09:41 PM SENT

Case 3:22-cv-01760-C Document 1-3 Filed 08/11/22 Page 36 of 36 PageID 47