FILED

7/27/2022 2:23 PM

FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS CIT ESERVE DC-22-08718

Damtra Brown DEPUTY

CAUSE NO. HANORAH GONZALES IN THE DISTRICT COURT

Plaintiff, 14th

V. JUDICIAL DISTRICT

ALBERTSONS COMPANIES, LLC

D/B/A ALBERTSONS Defendant. DALLAS COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES HANORAH GONZALES, hereinafter called Plaintiff, complaining of

and about Albertsons Companies, Llc D/B/A Albertsons, hereinafter called Defendant, and for

cause of action shows unto the Court the following:

I. DISCOVERY CONTROL PLAN LEVEL

Plaintiff seeks damages

in an amount that is within the jurisdictional

limits of the Court

and monetary compensation over $250,000 but less than $1,000,000. Plaintiff intends to conduct

discovery under Level of Texas Rule of Civil Procedure 190.3.

II. PARTIES AND SERVICE

Plaintiff, HANORAH GONZALES,

is an individual who is resident of Dallas County,

Texas. The last three digits of the social security number for the Plaintiff are 720

Defendant, Albertsons Companies, Llc D/B/A Albertsons, Nonresident Corporation, may be served pursuant

to sections 5.201 and 5.255 of the Texas Business Organizations Code

by serving the registered agent of the corporation: CT Corporation System at 1999 Bryan

PLAINTIFF'S ORIGINAL PETITION PAGE OF

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EXHIBIT C

Case 3:22-cv-02005-L Document 1-3 Filed 09/09/22 Page 1 of 6 PageID 10
Street. Suite 900. Dallas. TX 752i]. Service of said Defendant as described above can be

perfected by personal delivery or certified mail.

III. JURISDICTION AND VENUE

The Court has jurisdiction over the subject matter, and the amount in controversy is

within the jurisdictionallimits of this court. This court has jurisdiction over the parties, and all

or substantial part of the events occurred in this county. Venue in Dallas County is proper

in

this cause under Section 15.002(a)(4) of the Texas Civil Practice and Remedies Code because

Plaintiffresides in Dallas County, Texas.

IV. LCTS

At all times material hereto, Defendant, Albertsons Companies, Llc D/B/A Albertsons,

was the owner/operator of the premiseslocated at 225 Spring St, Weatherford, TX 76086.

On or about February 1, 2021 Plaintiff was an employee of Defendant and entered upon

said premises as an invitee for the purpose of working. During the time that Plaintiff was upon

Defendant's property Plaintiff was seriously injured as result of dangerous condition that

existed, specifically, Plaintiff fell in standing water fracturing her left knee. Plaintiff’s slip and

fall in standing water, condensation from the ovens, and an uneven floor preventing the

condensation to flow down into the floor drain, was the proximate cause of the damages and

injuries complained of in this petition in which Defendant, knew or, in the exercise of ordinary

care, should have known existed.

V. LIABILITY OF DEFENDANT

At all times mentioned herein, Defendant, Albertsons Companies, Llc D/B/A Albertsons,

owned/operated the property

in question located at 225 Spring St, Weatherford, TX 76086.

PLAINTIFF'S ORIGINAL PETITION PAGE 0F

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EXHIBIT C

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At all times mentioned herein, Defendant, Albertsons Companies, Llc D/B/A Albeltsons,

had such control over the premisesin question that Defendant, Albertsons Companies, Llc

D/B/A Albertsons, owed certain duties to Plaintiff, the breach of which proximately caused the

injuries set forth herein.

Defendant, Albertsons Companies, Llc D/B/A Albertsons, and Defendant through agents

and servants or employees negligently permitted the floor to become dangerous, negligently or

willfully allowed such condition to continue and negligently or willfully failed to warn Plaintiff

of the condition of the floor. This condition existed despite the fact that Defendant, Albertsons

Companies, Llc D/B/A Albertsons, or Defendant’s agents knew or should have known of the

existence of the aforementioned condition and that there was likelihood of person being injured

as occurred to Plaintiff.

Furthermore, Plaintiff would show the court that the condition of the floor had continued

for such period that had Defendant, Albertsons Companies, Llc D/B/A Albertsons, or

Defendant’s agents exercised ordinary care in the maintenance of the floor surface area, it would

have been noticed and corrected by such persons.

At all times pertinent herein, Defendant, Albertsons Companies, Llc D/B/A Albertsons,

and any of Defendant's agents, who were acting in the scope of their employment, were guilty of

negligent conduct toward the Plaintiff in:

A. Failing to properly inspect and maintain the flooring area in question to discover

the dangerous condition;

B. Failing to give adequate and understandable warnings to Plaintiff of the unsafe

condition of the flooring area;

C. Failing to give warnings to Plaintiff, of the unsafe condition;

D. Failing to discover and remove the dangeroussubstance that caused the slip and

fall; and,

E. Failing to discover and remove the dangerous substance within reasonable time. PLAINTIFF's ORIGINAL PETITION PAGE 0F

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EXHIBIT C

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VI. PROXIMATE CAUSE

Each and every, all and singular of the foregoing acts and omissions, on the part of

Defendant, taken separately and/or collectively, constitute direct and proximate cause of the

injuries and damages

set forth below.

VII. NEGLIGENCE NON-SUBSCRIBING EMPLOYER

On the day of the incident in question, Defendant Albertsons was non-subscriber as that

term is used under the Texas Workers’ Compensation Act,

in that said Defendant did not carry

policy of worker’s compensation insurance on the Plaintiff, and yet hired her and made use of

her services as an employee. Under the provisions of §406.033, Texas Labor Code, Defendant is

barred from asserting defense based on contributory negligence, assumption of the risks, or

negligence of fellow employee.

VIII. DAMAGES FOR PLAINTIFF

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

Plaintiff, HANORAH GONZALES, was caused to suffer severe bodily injuries and to incur

some or all of the following damages:

A. Reasonable medical care and expenses

in the past. These expenses were incurred by Plaintiff, HANORAH GONZALES, for the necessary care and treatment of

the injuries resulting from the incident complained of herein and such charges are

reasonable and were usual and customary charges for such services in Dallas County, Texas;

B. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future;

C. Physical pain and suffering in the past and future; PLAINTIFF's ORIGINAL PETITION PAGE 0F

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EXHIBIT C

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Impairment

in the past and filture; Mental anguish in the past and future;

Disfigurement;

Lost wages past and future; and,

Loss of earning capacity past and future.

VIII. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfillly ask(s) that the

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

entered for the Plaintiff against Defendant for some or all of the following damages:

a)

b)

C)

d)

e)

f)

g)

h)

j)

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

Disfigurement

in the past and future;

Physical impairment

in the past and future; Medical expenses

in the past and future;

Loss of earning capacity in the past and future;

Lost wages;

Costs of suit;

1) Prejudgment and post-judgment interest;

All other and fiirther relief,in law and in equity, to which Plaintiff may be entitled.

PLAINTIFF's ORIGINAL PETITION PAGE 0F

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EXHIBIT C

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By:

Respectfully submitted,

BAILEY GALYEN

1300 Summit Ave., Ste 650

Fort Worth, TX 76102

(817) 592-6070 Office

(817) 778-921 Facsimile

spierret@galyen.com Email

/s/Steven Pierret Steven Pierret Texas State Bar No.: 16001600

ATTORNEY FOR PLAINTIFF

PLAINTIFF'S ORIGINAL PETITION PAGE 0F

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EXHIBIT C

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