EXHIBIT 1

Exhibit 1

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 1 of 30 PageID 10
8/30/22, 2:38 PM Details

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Case Information

DC-22-08436 | MARTHA F. LARA vs. QUIKTRIP CORPORATION, et al

Case Number

DC-22-08436

Court

14th District Court

Judicial Officer

MOYE', ERIC

File Date

07/21/2022

Case Type

PROPERTY

Case Status

OPEN

Party

PLAINTIFF

LARA, MARTHA F.

Address

4144 N Central Expwy #1000

Dallas TX 75204

Active Attorneys 

Lead Attorney

KASTL, KRISTINA N.

Retained

DEFENDANT

QUIKTRIP CORPORATION

Address

BY SERVING ITS REGISTERED AGENT, CT CORPORATION SYSTEM

1999 BRYAN STREET, SUITE 900

DALLAS TX 75201-3136

Active Attorneys 

Lead Attorney

BRISCOE, B KYLE

Retained

DEFENDANT

QUIKTRIP WEST, LLC

Address

BY SERVING ITS REGISTERED AGENT, CT CORPORATION SYSTEM

1999 BRYAN STREET, SUITE 900

DALLAS TX 75201-3136

Active Attorneys 

Lead Attorney

BRISCOE, B KYLE

Retained

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DEFENDANT

AL-MADINAH PETROLEUM, INC.

Address

BY SERVING ITS REGISTERED AGENT, FREDERICK L. FUHR

107 LANDING BLVD., SUITE F

LEAGUE CITY TX 77573

Active Attorneys 

Lead Attorney

BRISCOE, B KYLE

Retained

DEFENDANT

J., T.

Address

5825 BROADWAY BLVD.

GARLAND TX 75043

Active Attorneys 

Lead Attorney

BRISCOE, B KYLE

Retained

Events and Hearings

07/21/2022 NEW CASE FILED (OCA) - CIVIL

07/21/2022 ORIGINAL PETITION 

ORIGINAL PETITION

07/21/2022 ISSUE CITATION 

ISSUE CITATION- QUIKTRIP CORPORATION

ISSUE CITATION- QUIKTRIP WEST, LLC

ISSUE CITATION- AL-MADINAH PETROLEUM, INC

ISSUE CITATION- T.J

07/21/2022 JURY DEMAND

08/04/2022 CITATION 

Served

08/08/2022

Anticipated Server

ESERVE

Anticipated Method

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Actual Server

PRIVATE PROCESS SERVER

Returned

08/09/2022

Comment

QUIKTRIP CORPORATION

08/04/2022 CITATION 

Served

08/08/2022

Anticipated Server

ESERVE

Anticipated Method

Actual Server

PRIVATE PROCESS SERVER

Returned

08/09/2022

Comment

QUIKTRIP WEST, LLC

08/04/2022 CITATION 

Unserved

Anticipated Server

ESERVE

Anticipated Method

Comment

AL-MADINAH PETROLEUM, INC

08/04/2022 CITATION 

Unserved

Anticipated Server

ESERVE

Anticipated Method

Comment

T.J

08/09/2022 RETURN OF SERVICE 

EXECUTED CITATION - QUIKTRIP WEST LLC

Comment

EXECUTED CITATION - QUIKTRIP WEST LLC

08/09/2022 RETURN OF SERVICE 

EXECUTED CITATION - QUIKTRIP CORPORATION

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Financial

Documents

ORIGINAL PETITION

ISSUE CITATION- QUIKTRIP CORPORATION

ISSUE CITATION- QUIKTRIP WEST, LLC

ISSUE CITATION- AL-MADINAH PETROLEUM, INC

ISSUE CITATION- T.J

EXECUTED CITATION - QUIKTRIP WEST LLC

EXECUTED CITATION - QUIKTRIP CORPORATION

Comment

EXECUTED CITATION - QUIKTRIP CORPORATION

08/26/2022 ORIGINAL ANSWER - GENERAL DENIAL 

ORIGINAL ANSWER - QUIKTRIP CORPORATION AND SPECIAL EXCEPTIONS

Comment

AND SPECIAL EXCEPTIONS

LARA, MARTHA F.

Total Financial Assessment $392.00

Total Payments and Credits $392.00

7/25/2022 Transaction Assessment $392.00

7/25/2022 CREDIT CARD - TEXFILE

(DC)

Receipt # 45174-2022-

DCLK

LARA, MARTHA

F.

($255.00)

7/25/2022 STATE CREDIT ($137.00)

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ORIGINAL ANSWER - QUIKTRIP CORPORATION AND SPECIAL EXCEPTIONS

.............................................................................................................................................................................................................................................................................................................. .1 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 6 of 30 PageID 15
EXHIBIT 2

Exhibit 2

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 7 of 30 PageID 16
CT Corporation

Service of Process Notification

08/08/2022

CT Log Number 542073459

Service of Process Transmittal Summary

TO: Marshall Wells

QuikTrip Corporation

4705 S 129th East Ave

Tulsa, OK 74134-7008

RE: Process Served in Texas

FOR: QuikTrip Corporation  (Domestic State: OK)

Page 1 of  1

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:

 

TITLE OF ACTION: Re: MARTHA F. LARA // To: QuikTrip Corporation

CASE #: DC2208436

NATURE OF ACTION: Personal Injury - Failure to Maintain Premises in a Safe Condition

PROCESS SERVED ON: C T Corporation System, Dallas, TX

DATE/METHOD OF SERVICE: By Process Server on 08/08/2022 at 03:11

JURISDICTION SERVED: Texas

ACTION ITEMS: CT will retain the current log

Image SOP

Email Notification,  Marshall Wells  mwells@quiktrip.com

Email Notification,  Kristen Snow  ksnow@quiktrip.com

Email Notification,  Ronald Collins  rcollins@quiktrip.com

REGISTERED AGENT CONTACT: C T Corporation System

1999 Bryan Street

Suite 900

Dallas, TX 75201

866-539-8692

CorporationTeam@wolterskluwer.com

The information contained in this Transmittal is provided by CT for quick reference only. It does not constitute a legal opinion,

and should not otherwise be relied on, as to the nature of action, the amount of damages, the answer date, or any other

information contained in the included documents. The recipient(s) of this form is responsible for reviewing and interpreting the

included documents and taking appropriate action, including consulting with its legal and other advisors as necessary. CT

disclaims all liability for the information contained in this form, including for any omissions or inaccuracies that may be

contained therein.

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 8 of 30 PageID 17
Date: 

Server Name: 

Entity Served 

Case Number 

Jurisdiction 

8~ Wolters Kluwer 

PROCESS SERVER DELIVERY DETAILS 

Mon, Aug 8, 2022 

Bryon Welch 

QUIKTRIP CORPORATION 

DC-22-08436 

TX 

Inserts 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 9 of 30 PageID 18
FORM NO. 353-3 - CITATION 

THE STATE OF TEXAS 

To: QUIKTRIP CORPORATION 

BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM 

1999 BRYAN STREET SUITE 900 

DALLAS TX 75201-3136 

or wherever the agent may be found 

GREETINGS: 

You have been sued. You may employ an attorney. If you or your attorney do not file a written 

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

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

to filing a 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 the 14th District Court at 600 

Commerce Street, Ste. 101, Dallas, Texas 75202. 

Said Plaintiff being MARTHA F. LARA d -e., \ \.,~[ (? ~l z 

Filed in said Court 21st day of July, 2022 against c./CC:, (l_ 

QUIKTRIP CORPORATION, QUIKTRIP WEST, LLC, AL-MADINAH PETROLEUM, INC.,~ C(;'1 

T.J. 

For Suit, said suit being numbered DC-22-08436, the nature of which demand is as follows: 

Suit on PROPERTY etc. as shown on said petition REQUIRED DISCLOSURES, a copy of which accompanies 

this citation. If this citation is not served, it shall be returned unexecuted. 

WITNESS: FELICIA PITRE, Clerk of the District Courts of Dallas, County Texas. 

Given under my hand and the Seal of said Court at office thi.s 4th day of August, 2022. 

ATTEST: FELICIA PITRE, Clerk of the District Courts of Dallas, County, Texas 

By ____ ~--,-_L--- ______ , Deputy 

TERESA JONES 

ESERVE 

CITATION 

DC-22-08436 

MARTHA F. LARA 

vs. 

QUIKTRIP CORPORATION, et al 

ISSUED THIS 

4th day of August, 2022 

FELICIA PITRE 

Clerk District Courts, 

Dallas County, Texas 

By: TERESA JONES, Deputy 

Attorney for Plaintiff 

KRISTINA N. KASTL 

KASTL LAW PC 

4144 NORH CENTRAL EXPRESSWAY SUITE 

1000 

DALLAS TX 75204 

214-821-0230 

esen'e@kastllaw.com 

DALLAS COUMTY 

SERVICE fEES 

NOT PAID 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 10 of 30 PageID 19
. ·.· 

Case No. : DC-22-08436 

Court No. 14th District Court 

Style: MARTHA F. LARA 

vs. 

OFFICER'S RETURN 

•-':J:~~."'·. QUIKTRIP CORPORATION, etal 

... 

':.:-. .Came to hand on the ~------day of ________ , 20 ____ · , at ____ o'clock ____ .M. Executed at 

· ' -------------'within the County of ___________ at _____ o'clock ___ .M. on the 

·:·. 

----~'"'---day of __________________ , 20 _______ , by delivering to the within named 

each in person, a true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of delivery. The distance 

actually traveled by me in serving such process was miles and my fees are as follows: To certiJY which witness my hand. 

For serving Citation $ ___ _ 

For mileage 

For Notary 

$ ___ _ 

$ ___ _ 

of ________ County, 

By _________________ Deputy 

(Must be verified if served outside the State of Texas.) 

Signed and sworn to by the said before me this ----------- ___ day of --------' 20 __ _ 

to certiJY which witness my hand and seal of office. 

Notary Public County 

:. -..... 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 11 of 30 PageID 20
4 CITS ESERVE 

JURY DEMAND 

DC-22-08436 

.CAUSE NO.------

MARTHA F. LARA, 

. Plaintiff, 

v. 

QUIKTRIP CORPORATION, 

QUIKTRIP WEST, LLC, . 

AL-MADINAH PETROLEUM, INC., 

AND T.J., 

Defendants. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

FILED 

7/21/2022 11:09 PM 

FELICIA PITRE 

DISTRICT CLERK 

DALLAS CO., TEXAS 

Danitra Brown DEPUTY 

IN THE DISTRICT COURT 

DALLAS COUNTY, TEXAS 

14th 

JUDICIAL DISTRICT 

PLAINTIFF'S ORIGINAL PETITION AND JURY DEMAND 

TO THE HONORABLE JUDGE OF SAID COURT: 

NOW COMES MARTHA F. LARA, hereinafter "Plaintiff," complaining of and about 

QUIKTRIP CORPORATION, QUIKTRIP WEST, LLC, AL-MADINAH PETROLEUM, INC., 

and T.J., hereinafter collectively "Defendants," and files this Plaintiff's Original Petition and Jury 

Demand, and J.n support thereof, would respectfully show unto the Court as follows: 

DISCOVERY CONTROL PLAN LEVEL 

1. Plaintiffbrings this action under Texas Rule of Civil Procedure 47(c)(4) and seeks 

monetary relief over $1,000,000. Plaintiff intends that discovery be conducted under Discovery 

Level3. 

PARTIES AND SERVICE 

2. Plaintiff, MARTHA F. LARA, is an individual residing in Rockwall County, 

Texas. 

3. Defendant, QUIKTRIP CORPORATION, is a foreign for-profit corporation 

doing business in the State of Texas, and may be served with process by serving its registered 

Plaintiff's Original Petition and Jury DeJDand Page 1 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 12 of 30 PageID 21
agent: CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136, o1· 

wherever the agent may be found. Issuance of a citation is requested at this time to include 

language that "Defendant may be required to make initial disclosu1·es." 

4. Defendant, QUIKTRIP WEST, LLC, is a foreign for-profit corporation doing 

business in the State of Texas, and may be served with process by serving its registered agent: CT 

Corporation System," l999 Bryan Street, Suite 900, Dallas, Texas 75201-3136, ot· whe1·eve1· 

~ ,·· . .. 

the agent may be fou~d. Issuance of a citation is requested at this time to include language :t" • -

., 

that "Defendant may be required to make initial disclosures." 

5. Defendant, AL-MADINAH PETROLEUM, INC., ts a foreign for-profit 

corporation doing business in the State of Texas, and may be served with process by serving its 

registered agent: Frederick L. Fuhr, 107 Landing Blvd., Suite F, League City, Texas 77573 

o1· wherever the agent may be found. Issuance of a citation is requested at this time to include 

language that "Defendant may be required to make initial disclosures." 

6. Defendant, T.J., is an individual residing in Dallas County, Texas and may be 

served with process at 5825 Broadway Blvd., Garland, Texas 75043, or wherever Defendant 

may be found. Issuance of a citation is requested at this time to include language that 

"Defendant may be required to make initial disclosures." 

MISNOMER/ALTER EGO 

7. In the event any parties are misnamed or are not included herein, it is Plaintiffs 

contention that such was a "misidentification," "misnomer," and/or such parties are/were "alter 

egos" of parties named herein. Alternatively, Plaintiff contends that such "corporate veils" should 

be pierced to hold such parties properly included in the interest of justice. 

Plaintiff's Original Petition and Jury Demand Page 2 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 13 of 30 PageID 22
JURISDICTION AND VENUE 

8. The subject matter in controversy is within the jurisdictional limits of this Court. 

9. This Court has jurisdiction over the parties, because said Defendants purposefully 

availed- themselves of the privilege of conducting activities in the State of Texas and established 

~- . 

minimum contacts sufficient_to c:onfer jurisdiction over said Defendants, and the assumption of 

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

and is consistent with the constitutional requirements of due process. 

10. Further, as required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiffs 

counsel states that the damages, harms and losses sought are in an amount within the jurisdictional 

limits of this Court. Plaintiff is required by Rule 47(c), Texas Rules of Civil Procedure to state the 

amount of damages, in dollar amount, that represent Plaintiffs harms and losses due to the 

negligence of the Defendants. The legislative history of this requirement indicates that ·it is for 

record keeping and statistical purposes only for lawsuits filed in the State of Texas. Plaintiffs 

counsel states that Plaintiff seeks monetary relief, the maximum of which harms, losses and 

damages to Plaintiff is over $1,000,000. The amount of monetary relief actually assessed by the 

jury or judge, however, will ultima~ely be determined by a jury or judge after hearing all of the 

evidence of harms, damages and losses. Plaintiff also seeks pre-judgment and post-judgment 

interest at the highest legal rate as well as exemplary damages. 

· 11. Venue in Dallas County is proper under Texas Civil Practice and Remedies Code 

§ 15.002 because all or a substantial part of the events or omissions giving rise to this lawsuit 

occurred in this county. 

FACTS 

12. On or about July 21, 2020, Plaintiff MARTHA F. LARA (hereafter "Plaintiff') was 

Plaintiff's Original Petition and Jury Demand Pagel 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 14 of 30 PageID 23
an Invitee on property owned and/or controlled by the Defendants QUIKTRlP CORPORATION, 

QUIKTRlP WEST, LLC, and/or AL-MADINAH PETROLEUM, INC., (hereafter collectively 

"Defendants"), commonly known as QT #909, and located at 5825 Broadway Blvd., Garland, 

Dallas County, Texas 75043. 

13. On said occasion, Plaintiff was entering the ladies' restroom when she slipped and 

fell on leaking water, hitting her back and right arm. 

14. There were no caution signs outside the restroom door, nor were there any 

employees cleaning up the area, or any other indication to Plaintiff to warn her of the condition on 

the premises she was walking through on said occasion. 

15. Defendants' failure to warn and/or to timely remedy the hazardous condition of the 

wet floor was the proximate cause of the Plaintiffs injuries and damages. 

CAUSES OF ACTION 

16. Defendants QUIKTRlP CORPORATION, QUIKTRIP WEST, LLC, ALMADINAH PETROLEUM, INC. and/or T.J., as owners, operators and/or managers of the 

premises in question, and by and through their employees and/or actual, apparent, ostensible or 

estoppel agents and/or representatives, at all times material hereto, owed a duty to act as a 

reasonable and prudent property owner, operator and/or management company would have done 

under the same or similar circumstances. Defendants were negligent and such negligence is the 

proximate cause of Plaintiffs injuries and damages. 

17. Defendants breached their duties by, among other acts and/or omissions, as follows: 

a. Creating a condition on the premises which posed an unreasonable risk of 

harm to individuals such as Plaintiff; 

b. Permitting an unreasonably dangerous condition which Defendants knew, 

or in the exercise of ordinary care should have known about, to exist on the 

premises in areas which Defendants knew that persons such as Plaintiff are 

Plaintiff's Original Petition and Jury Demand Pagc4 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 15 of 30 PageID 24
likely to suddenly and unexpectedly encounter without warning and that 

constitute a hazard and risk of personal injury; 

c. In choosing not to conduct reasonable inspections of the Defendants' 

premises in order to discover the condition on the premises which posed an 

unreasonable risk of harm to individuals such as Plaintiff; 

d. In choosing not to warn Plaintiff of the condition on the premises which 

posed an unreasonable risk of harm to individuals such as Plaintiff; 

e. In choosing not to make safe a condition on the premises which Defendants 

knew, or in the exercise of ordinary care should have known, posed an 

'unreasonable risk of harm to individuals such as Plaintiff; and, 

f. • ln choosing not to timely and properly remedy the condition so as to prevent 

}arm or injury to others such as Plaintiff. 

18. At the time of the occurrence which makes the basis of this lawsuit, Defendants 

QUIKTRIP CORPORA'f.~ON, QUIKTRIP WEST, LLC, AL-MADINAH PETROLEUM, INC. 

and/or T.J., were the owners, operators, and/or the managers of the premises located at 5825 

Broadway Blvd., Garland, Dallas County, Texas 75043. 

19. Plaintiff was at and/or on Defendants' premises with Defendants' knowledge and 

for their mutual benefit. 

20. · A condition on Defendants' premises posed an unreasonable risk of harm. The wet 

floor on the pefendants' premises created a dangerous and hazardous condition proximately 

·causing the occurrence in question. 

21. Defendants knew or reasonably should have known of the dangerous condition 

existing on the premises in question. 

22. Defendants had a duty to use ordinary care to ensure that the premises did not 

present a danger to Plaintiff This duty included the duty to inspect and the duty to warn or to 

cure. Defendants breached the duty of ordinary care by choosing not to remedy the unsafe 

condition of the wet floor on Defendants' premise. 

Plainti!f's Original Petition and Jury Demand PageS 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 16 of 30 PageID 25
23. Defendants were also negligent in the hiring, supervision, training, and retaining its 

employees who cause and/or fail to remedy the unreasonably dangerous condition. 

24. Plaintiff will show "that Defendants failed to exercise ordinary care in performing 

such duty. The acts and/or omissions of Defendants described above by which Defendants 

breached such duties constitutes a proximate cause of Plaintiffs damages described more fully 

below, for which Defendants are liable to Plaintiff. 

25. Each of such acts and/or omissions, singularly or in combination with others, are a 

proximate cause of the occurrence and damages sustained by Plaintiff, for which Plaintiff prays 

judgment of this Court in. an amount within the jurisdictional limits of this Court. 

RESPONDEAT SUPERIOR LIABILITY 

26. The employees·, and/or actual, apparent, ostensible or estoppel agents and/or 

representatives of Defendants QUIKTRIP CORPORATION, QUIKTRIP WEST, LLC, and/or 

AL-MADINAH PETROLEUM, INC. were acting as employees and were in the course and scope 

of their respective employment and were within Defendants' general authority, in furtherance of 

Defendants' business, and for the accomplishment of the object for which Defendants' employees 

were hired. Defendants are therefore liable under the theory of Respondeat Superior. Therefore, 

Defendants are liable to Plaintiff for the damages proximately caused by the acts and omissions of 

its employees, and/or actual, apparent, ostensible or estoppel agents and/or representati yes, 

including but not li!lllted to Defendant T.J. 

DAMAGES 

27. As a direct and proximate result of the breach of duty, negligent acts and/or 

omissions of Defendants, set forth herein above, Plaintiff suffered bodily injury and damages, and 

to incur the following damages: 

'• . 

Plaintiff's Original Petition and Jury Demand Page6 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 17 of 30 PageID 26
A Medical care expenses sustained in the past; 

B. Medicat care expenses that, in reasonable probability, Plaintiff will sustain 

in the future; 

C. Physical pain and mental anguish sustained in the past; 

D. Physical pain and mental anguish which, in reasonable probability, will be 

suffered in the future; 

E. Physical impairment in the past; . 

F. Physical impairment which, in reasonable probability, will be suffered in 

the future; 

G. Loss of earnings in the past; 

H. Loss of earnings that, in reasonable probability, Plaintiff will sustain in the 

future; 

I. Loss of earning capacity in the past; and 

J. Loss of earning capacity that, in reasonable probability, Plaintiff will sustain 

in the future. 

28. Alternatively, Plaintiff sustained an aggravation of pre-existing and subsequent 

medical, physical and/or psychological conditions. More particularly, if the evidence 

demonstrates that prior to the occurrence in question Plaintiff had pre-existing conditions, such 

conditions at the time of the occurrence were latent, controlled and/or non-debilitating, and the 

occurrence aggravated and accelerated those conditions and/or made more vulnerable and 

predisposed to subsequent injury and to the effects of subsequent stressors and injuries. 

29. For the above reasons, Plaintiff has suffered losses and damages in a sum within 

the jurisdictional limits of the Court and for which this lawsuit is brought 

REQUIRED DISCLOSURES 

30. Pursuant to Texas Rules of Civil Procedure 190 and 194, Defendants may be 

required to make initial disclosures, due within 30 days after the first answer is filed, unless 

Plaintiff's Original Petition and Jury Demand Page 7 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 18 of 30 PageID 27
otherwise agreed or changed by court order. 

INTENT TO USE DEFENDANTS' DOCUMENTS 

31. In accordance with Texas Rules of Civil Procedure 193.7, any documents produced 

by Defendants in response to written discovery will be used by Plaintiff at any pre-trial proceeding 

or trial. 

INTENT TO USE U.S. LIFE TABLES 

3i . Plaintiff hereby notifies the Defendants of her intent to use U.S. Life Tables as 

! . 

published by the U.S. Government in trial of this matter. 

REQUEST FOR JURY 

33. Plaintiff requests a trial by jury on all issues herein and tenders the appropriate fee 

at the time of filing of this petition. 

34. Plaintiff.has met all conditions precent to the filing of this lawsuit. 

DESIGNATED ESERVICE EMAIL ADDRESS 

35. The following is the undersigned attorney's designation of electronic service 

email address for all electronically served documents and notices, filed and unfiled, pursuant to 

Tex.R.Civ.P." 21(f)(2) & 21(a): eservice@kastllaw.com. This is the undersigned's ONLY 

electronic service email' address, and service through any other email address will be considered 

invalid. 

PRAYER 

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the 

Defendants be cited to appear and answer herein, and that upon a final hearing and trial of this 

cause, Plaintiff have judgment against Defendants, jointly and severally, for damages for monetary 

relief over $1,000,000 which is within the jurisdictional limits of this Court; together with prePlaintiff's Origina• Petition and Jury Demand Page 8 

.... ' .. , .. '. 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 19 of 30 PageID 28
1 • 

judgment interest from the date of injury through the date of judgment at the maximum rate 

allowed by law; post-judgment interest at the highest legal rate until the time the judgment is paid; 

costs of court; and such other and further relief to which Plaintiff may be justly entitled at law or 

in equity. 

Plaintiff's Origin~l Petition and Jury Demand 

Respectfully submitted, 

KASTL LAW, P.C~ 

Is/ Kristina N. Kastl 

Kristina N. Kastl 

State Bar No. 24025467 

Email: eservice@kastllaw.com 

Email: kkastl@kastllaw.com 

Susan Anne Allen 

State Bar No. 01059350 

Email: sail en@kastl law. com 

Marcos Soto 

State Bar No. 24127678 

Email: msoto@kastllaw.com 

4144 North Central Expressway, Suite 1000 

Dallas, Texas 75204 

Phone: (214) 821-023 0 

Fax: (214) 821-0231 

ATTORNEYS FOR PLAINTIFF 

*Please note and document Kastl Law, P.C.'s new eserve address. All future e-serve notifications must be 

served at: eservice@kastllaw.com. 

Service is only effectuated if it is set·vetl through our 

eservice@kastllaw.com email. Any other Kastl Law, 

P.C. email is considered ineffecthe service. 

Pagc9 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 20 of 30 PageID 29
EXHIBIT 3

Exhibit 3

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 21 of 30 PageID 30
DEFENDANTS’ ORIGINAL ANSWER, VERIFIED DENIAL, AND SPECIAL EXCEPTIONS Page 1 of 8

CAUSE NO. DC-22-08436

MARTHA F. LARA, § IN THE DISTRICT COURT

Plaintiff, §

§

vs. §

§ 14TH JUDICIAL DISTRICT

QUIKTRIP CORPORATION; QUIKTRIP §

WEST, LLC; AL-MADINAH PETROLEUM; §

INC.; AND T.J., §

Defendants. § DALLAS COUNTY, TEXAS

DEFENDANTS’ ORIGINAL ANSWER, VERIFIED DENIAL, AND SPECIAL EXCEPTIONS

COME NOW, Defendants QuikTrip Corporation, erroneously identified as “QuikTrip 

Corporation; QuikTrip West, LLC; Al-Madinah Petroleum, Inc.; and T.J.,” as well as erroneously 

named and fraudulently joined QuikTrip West, LLC, erroneously named and fraudulently joined 

Al-Madinah Petroleum, Inc., and erroneously named and fraudulently joined T.J., in the aboveentitled and numbered cause, and file their Original Answer, Verified Denial, and Special 

Exceptions to Plaintiff’s Original Petition and, in support thereof, would respectfully show the 

Court as follows:

I.

ANSWER

A. GENERAL DENIAL 

Defendants deny each and every, all and singular, the material allegations contained in 

Plaintiff’s Original Petition, demand strict proof thereof and, to the extent that such matters are 

questions of fact, say Plaintiff should prove such facts by a preponderance of the evidence to a 

jury, if Plaintiff can do so.

FILED

8/26/2022 9:49 AM

FELICIA PITRE

DISTRICT CLERK

DALLAS CO., TEXAS

Rosa Delacerda DEPUTY

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B. VERIFIED DENIAL

By way of verified denial pursuant to Texas Rule of Civil Procedure 93, Defendants deny 

that Plaintiff is entitled to recover from QuikTrip West, LLC, Al-Madinah Petroleum, Inc., and/or

T.J. in the capacity in which they have been sued, since they are not proper parties. Specifically, 

Defendants deny QuikTrip West, LLC, Al-Madinah Petroleum, Inc., and/or T.J. occupied, 

possessed, controlled, managed, or operated the premises at issue at any relevant time. 

Consequently, Plaintiff has no right or potential right of recovery against QuikTrip West, LLC, AlMadinah Petroleum, Inc., and/or T.J. because the proper party has not been sued. See, e.g., Ray 

Malooly Trust v. Juhl, 186 S.W.3d 568, 571 (Tex. 2006). 

C. DEFENSES AND LIMITATIONS ON DAMAGES AND LIABILITY

1. Plaintiff’s claims are barred, in whole or in part, by the applicable statute of 

limitations.

2. Defendants deny they were negligent and deny that their alleged acts or omissions 

proximately caused Plaintiff’s alleged damages.

3. Defendants had neither actual nor constructive knowledge of the condition about 

which Plaintiff complains, and further assert that, in any event, the alleged hazard was not 

“unreasonably dangerous.”

4. Alternatively, Defendants provided adequate warning of the condition at issue.

5. Plaintiff’s damages or injuries, if any, were caused by the acts of third persons not 

under the control of Defendants. Such acts or omissions of said third persons were the sole 

and/or a producing and/or a proximate and/or an intervening and/or a supervening cause of 

Plaintiff’s damages or injuries, if any. 

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6. The alleged premises condition of which Plaintiff complains was already 

appreciated by Plaintiff, was open and obvious, was not concealed, and/or was a known risk and, 

therefore, Defendants deny that they owed any duty to warn Plaintiff of the alleged premises 

condition or protect Plaintiff from same. Austin v. Kroger Texas L.P., 465 S.W.3d 193, 203 (Tex. 

2015).

7. Plaintiff failed to use that degree of care and caution that would have been used 

by a reasonable person under the same or similar circumstances, thereby producing or 

proximately causing or contributing to cause Plaintiff’s injuries and damages, if any. Such acts or 

omissions of Plaintiff were the sole and/or a producing and/or a proximate and/or a supervening 

and/or an intervening cause of Plaintiff’s damages or injuries, if any.

8. In the alternative, the accident complained of was an unavoidable accident, as 

that term is defined under Texas law.

9. Defendants respectfully request that the factfinder allocate responsibility, if any, 

among all parties, settling parties, and responsible third parties, in accordance with Chapters 32 

and 33 of the Texas Civil Practice and Remedies Code.

10. In the unlikely event an adverse judgment is rendered against Defendants in this 

matter, Defendants respectfully pray for contribution, indemnity and/or all available credits as 

provided for in the Texas Civil Practice and Remedies Code and under Texas law. 

11. To the extent that the damages about which Plaintiff complains, if any, were the 

result of prior or pre-existing or subsequent injuries, accidents or conditions, said prior or preexisting or subsequent injuries, accidents or conditions were the sole and/or a contributing cause 

of Plaintiff’s damages alleged against Defendants. 

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12. To the extent that Plaintiff breached Plaintiff’s duty to mitigate damages by failing 

to exercise reasonable care and diligence to avoid loss and minimize the consequences of 

damages, such damages are not reasonable or necessary.

13. To the extent that Plaintiff is malingering and/or exaggerating the nature and 

severity of Plaintiff’s injuries in order to continue treatment, Defendants contend said treatment 

is not medically necessary or reasonable. 

14. Any claims for past and future medical or health care expenses are limited to the 

customary and usual amounts charged for reasonable and necessary medical care and, with 

respect to past medical expenses, are further limited to the amounts actually paid or incurred by 

or on behalf of Plaintiff, pursuant to Texas Civil Practice and Remedies Code § 41.0105.

15. Pursuant to Texas Civil Practice & Remedies Code § 18.091, to the extent that 

Plaintiff is seeking a recovery for loss of earnings, lost wages, loss of earning capacity and/or loss 

of contributions of pecuniary value, evidence of such alleged losses must be presented by Plaintiff 

in the form of a net loss after reduction for income tax payments, or unpaid tax liability to any 

federal income tax law.

D. COURT REPORTER REQUESTED

Defendantsrespectfully demand a court reporter be present at all proceedings before the 

Court.

II.

SPECIAL EXCEPTIONS

1. Defendants object and specially except to paragraph 30 of Plaintiff’s Original 

Petition, titled “Required Disclosures” on the grounds that the Texas Rules of Civil Procedure have 

been amended, effective prior to Plaintiff filing this lawsuit, eliminating any discovery requests 

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attached to a petition. Therefore, Defendants request that the Court strike paragraph 30 of 

Plaintiff’s Original Petition in its entirety.

2. Pursuant to Rule 91 of the Texas Rules of Civil Procedure, Defendants object and 

specially except to Paragraph 31 of Plaintiff’s Original Petition, titled “INTENT TO USE 

DEFENDANTS’ DOCUMENTS,” which improperly attempts to invoke Rule 193.7 of the Texas Rules 

of Civil Procedure. Specifically, such paragraph states that “In accordance with Texas Rule of Civil 

Procedure 193.7, any documents produced by Defendants in response to written discovery will 

be used by Plaintiff at any pre-trial proceeding or trial.” However, Rule 193.7 requires that the 

party invoking Rule 193.7 provide “actual notice that the document will be used” to the 

producing party.1 Furthermore, “the ten-day period allowed for objection to authenticity . . . does 

not run from the production of the material or information but from the party’s actual awareness 

that the document will be used.”2 Accordingly, it is clear that Rule 193.7 requires more than a 

mere blanket statement that Plaintiff intends to use Defendants’ discovery responses as evidence 

at trial. Such a blanket statement not only fails to satisfy the requirements of Rule 193.7, but it 

also places an unreasonable burden upon Defendants to review all documents they produce and 

prophylactically render objections regarding the authenticity of said documents. Therefore, 

Defendants request that the Court strike Paragraph 31 of Plaintiff’s Original Petition in its 

entirety.

3. Defendants further object and specially except to the section of Plaintiff’s Original 

Petition entitled “INTENT TO USE U.S. LIFE TABLES”, paragraph 32, which improperly and 

1 TEX. R. CIV. P. 193.7 (2017) (emphasis added).

2

Id., cmt. 7 (emphasis added).

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DEFENDANTS’ ORIGINAL ANSWER, VERIFIED DENIAL, AND SPECIAL EXCEPTIONS Page 6 of 8

prematurely asks Defendants and this Honorable Court to take factual and/or judicial notice of 

certain, unspecified and unsubstantiated documents, stating, “Plaintiff hereby notifies the 

Defendants of her intent to use the U.S. Life Tables as published by the U.S. Government in the 

trial of this matter.” However, Texas Rule of Evidence 201 provides that any party requesting 

judicial notice of a given fact or law must supply the Court with copies of the information that 

supports its request for such notice. Plaintiff has not done so here. In addition, the responding 

parties must be given an opportunity to be heard on the propriety of taking the requested, 

judicial notice, and regarding the nature of the fact or law to be noticed.3 Plaintiff’s generalized 

and non-compliant request is premature at this stage of litigation, and it fails to satisfy 

substantive and procedural conditions precedent, which thereby deprives Defendants of a 

meaningful opportunity to respond. Therefore, Defendants respectfully pray that this Honorable 

Court strike paragraph 32 of Plaintiff’s Original Petition in its entirety.

III.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendants respectfully pray that the Court grant 

their Special Exceptions, that Plaintiff take nothing by this cause of action and that Defendants

be permitted to recover the costs expended on their behalf. Defendants also pray for all other 

and further relief, both general and special, at law and in equity, to which they show themselves

to be justly entitled.

3

See TEX. R. EVID. 201 (c) - (e). 

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 27 of 30 PageID 36
STATE OF TEXAS 

COUNTY OF TARRANT 

§ 

§ 

§ 

Respectfully submitted, 

/sf B. Kyle Briscoe 

B. Kyle Briscoe 

State Bar No. 24069421 

kbriscoe@peavlerbriscoe.com 

Michael W. Stumbaugh 

State Bar No. 24041987 

mstumbaugh@peavlerbriscoe.com 

PEAVLER I BRISCOE 

2215 Westgate Plaza 

Grapevine, Texas 76051 

214-999-0550 (telephone) 

214-999-0551 (fax) 

ATTORNEYS FOR DEFENDANTS 

VERIFICATION 

Before me, the undersigned authority, did personally appear Michael W. Stumbaugh, who 

upon his oath deposes and says he is one of the attorneys for Defendants, has never been 

convicted of a disqualifying crime, is over the age of 21, and is competent to make this 

verification. Accordingly, Mr. Stumbaugh verifies the facts alleged in Paragraph II.B of the 

foregoing pleading are true and correct. 

Subscribed and sworn to before 

~~' me on c Th day r,~ugusfl·2·!1/)_ 

$~~'fY''"' ELIZABETH CONTRERAS ~ Uv 1Ul ·- i"ff:.A;~~Notary Public, State ofTexas NOTARY PUBLIC in and for the State of Texas ;.~··.?5:{ii Comm. Expires 02-06-2024 

~~m,,,,,.. Notary 10 129335398 

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DEFENDANTS’ ORIGINAL ANSWER, VERIFIED DENIAL, AND SPECIAL EXCEPTIONS Page 8 of 8

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing document has been 

forwarded to all counsel of record pursuant to and in accordance with the Texas Rules of Civil 

Procedure on August 26, 2022.

/s/ B. Kyle Briscoe

B. Kyle Briscoe

Case 3:22-cv-01923-N Document 1-2 Filed 08/30/22 Page 29 of 30 PageID 38
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.

Bryan Briscoe on behalf of Bryan Briscoe

Bar No. 24069421

kbriscoe@peavlerbriscoe.com

Envelope ID: 67690704

Status as of 8/26/2022 10:30 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status

KRISTINA NKASTL eservice@kastllaw.com 8/26/2022 9:49:09 AM SENT

Kyle Briscoe kbriscoe@peavlerbriscoe.com 8/26/2022 9:49:09 AM SENT

Michael W. Stumbaugh mstumbaugh@peavlerbriscoe.com 8/26/2022 9:49:09 AM SENT

Brandi Spillers bspillers@peavlerbriscoe.com 8/26/2022 9:49:09 AM SENT

Jennifer Renfro jrenfro@peavlerbriscoe.com 8/26/2022 9:49:09 AM SENT

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