EXHIBIT 2 

Case 3:22-cv-01805-G Document 1-3 Filed 08/16/22 Page 1 of 8 PageID 18
1 CIT/ESERVE 

CAUSE NO. 

AMOS MASON 

Plaintiff, 

v. 

BRAUM'S, INC. 

Defendant. 

FILED 

2/8/2022 3:08 PM 

FELICIA PITRE 

DISTRICT CLERK 

DALLAS CO., TEXAS 

Alicia Mata DEPUTY 

DC-22-01597 

IN THE DISTRICT COURT OF 

DALLAS COUNTY, TEXAS 

193rd 

JUDICIAL DISTRICT 

PLAINTIFF'S ORIGINAL PETITION 

Plaintiff Amos Mason (hereinafter, "Plaintiff') complains of Defendant Braum's, Inc. 

(hereinafter, "Defendant"), and would respectfully show the Court that: 

Discovery Control Plan 

1. Plaintiff intends to conduct discovery in this matter under Level 3 of the Texas Rules of 

Civil Procedure. 

Jurisdiction and Venue 

2. The claims asserted arise under the common law of Texas. This Court has jurisdiction and 

venue is proper because all or a substantial part of the events or omissions giving rise to the claim 

occurred in Dallas County, Texas. 

Statement Regarding Monetary Relief Sought 

3. Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiff seeks monetary relief of no more 

than $250,000.00, excluding interest, statutory or punitive damages and penalties, and attorney's 

fees and costs to which Plaintiff is justly entitled. Plaintiff further pleads that the amount in 

controversy in this matter does not exceed $75,000.00. 

Case 3:22-cv-01805-G Document 1-3 Filed 08/16/22 Page 2 of 8 PageID 19
Parties 

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

5. Defendant, Braum's, Inc., (hereinafter "Defendant"), is an Oklahoma corporation engaged 

in business in Dallas County, Texas. Defendant may be served with process through its registered 

agent, C T Corporation System, at 1999 Bryan St., Suite 900, Dallas, Texas 75201-3136. 

Misnomer and Alter Ego 

6. In the event that any parties are misnamed or not included herein, it is Plaintiff's contention 

that such was a misnomer and/or such parties are/were alter egos of parties names herein. 

Specifically, it is Plaintiff's intent to bring suit against the owners and/or operators of Braum's, 

Inc. 

Facts 

7. This lawsuit is necessary as a result of personal injuries that Plaintiff received on or about 

December 28, 2021. At that time, Plaintiff was an invitee at Defendant's store at 907 S Cockrell 

Hill Rd, Duncanville, TX 75137, in Dallas County, Texas. Plaintiff was walking out of the 

bathroom when he slipped and fell on the floor in the front entry way of the store. An employee 

was mopping the floor and did not place a yellow, "Wet Floor" visible in the aisles approaching 

the front entry way. The fall on the ground caused Plaintiff to suffer severe injuries to his left 

shoulder, left hip, right knee and other parts of his body. There were no warning signs present or 

any other signs of caution near the area where the incident occurred. Plaintiff was not aware of the 

dangerous and defective condition. 

8. At the time of the incident in question, Plaintiff was an invitee to the Defendant. Defendant 

knew or should have known of the unreasonably dangerous condition and neither corrected nor 

warned Plaintiff of it. Plaintiff did not have any knowledge of the dangerous condition and could 

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not have reasonably been expected to discover it. Defendant either created the condition and/or 

failed to correct the condition or to warn Plaintiff about the dangerous condition, which constituted 

negligence, and such negligence was a proximate cause of the occurrence in question and 

Plaintiff's resulting injuries. 

9. Plaintiff would show that, based on the above-described facts, Defendant was negligent. 

Defendant, as occupier and owner of the premises, with control over the premises, had a duty to 

inform Plaintiff of the dangerous condition and make the defective condition existing on 

Defendant's premises safe. 

10. Defendant is liable to Plaintiff under the theory of premises liability and negligence based 

on the following negligent conduct: 

a. Failure to maintain the premises, including floor and walkways, in a reasonably 

safe condition; 

b. Failure to inspect the premises where the dangerous condition existed; 

c. Failure to correct the condition by taking reasonable measure to safeguard persons 

who entered the premises; 

d. Failure to inform Plaintiff of the dangerous condition existing on the premises; and 

e. Other acts deemed negligent. 

11. Each of the foregoing negligent acts and/or omissions, whether taken singularly or in any 

combination, was a proximate cause of Plaintiff's injuries and damages that are described below. 

12. Defendant was also negligent in that it failed to act as a reasonably prudent premise owner 

would act in the same or similar situation. 

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Damages 

13. As a result of these acts or omissions, Plaintiff sustained damages recognizable by law. 

14. By virtue of the actions and conduct of Defendant as set forth above, Plaintiff was seriously 

injured and is entitled to recover the following damages: 

a. Past and future medical expenses; 

b. Past and future pain, suffering and mental anguish; 

c. Past and future physical impairment; 

d. Past and future physical disfigurement; and 

e. Past lost wages and future loss of earning capacity. 

15. By reason of the above, Plaintiff is entitled to recover damages from Defendant in an 

amount within the jurisdictional limits of this Court, as well as pre and post-judgment interest. 

Duty to Disclose 

16. Pursuant to 194, Tex. R. Civ. P. exempted by Rule 194.2(d), Defendant must, without 

awaiting a discovery request, provide to Plaintiff the information or material described in Rule 

194.2, Rule 194.3, and Rule 194.4. 

Initial Disclosures 

17. Pursuant to Rule 194, Tex. R. Civ. P., Defendant must, without awaiting a discovery 

request, provide information or materials described in Texas Rule of Civil Procedure 194.2 in 

Defendant's initial disclosure at or within 30 days after the filing of the first answer. Copies of 

documents and other tangible things must be served with Defendant's response. 

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Rule 193.7 Notice 

18. Plaintiff hereby gives actual notice to Defendant that any and all documents produced 

may be used against Defendant at any pre-trial proceeding and/or at trial of this matter without the 

necessity of authenticating the documents. 

Prayer 

Plaintiff prays that this citation issues and be served upon Defendant in a form and manner 

prescribed by law, requiring that Defendant appears and answers, and that upon final hearing, 

Plaintiff has judgment against Defendant in a total sum in excess of the minimum jurisdictional 

limits of this Court, plus pre and post judgment interest, all costs of Court, and all such other and 

further relief, to which he may be justly entitled. 

Respectfully submitted, 

DASPIT LAW FIRM 

/s/ Chloe Johnson 

Chloe Johnson 

Texas State Bar No. 24111175 

1200 Summit Ave, Suite 504 

Fort Worth, Texas 76102 

Telephone: (817) 618-3850 

Facsimile: (713) 587-9086 

Email: e-service@daspitlaw.com 

cjohnson@daspitlaw.com 

ATTORNEY FOR PLAINTIFF 

5, 

Case 3:22-cv-01805-G Document 1-3 Filed 08/16/22 Page 6 of 8 PageID 23
STATE OF TEXAS 

COUNTY OF DALLAS

I, FELICIA PITRE, Clerk of the District of Dallas County, 

Texas, do hereby certify that I have compared this Instrument 

to ;:i? a true and correct copy of the original as appears on 

record In my office. 

GIVEN UNDER MY HAND, tV,,ID SEAkof said Court, at office 

In Dallas, Texas, this f day of CIV/ -2072 

FELICIA PITRE, DISTRICT CLERK 

DAL NTY„, 

BY ct 16/ DepotY 

a Palacios 

Case 3:22-cv-01805-G Document 1-3 Filed 08/16/22 Page 7 of 8 PageID 24
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. 

Rashima London on behalf of John Daspit 

Bar No. 24048906 

rashima@daspitlaw.com 

Envelope ID: 61553059 

Status as of 2/10/2022 3:28 PM CST 

Case Contacts 

Name BarNumber Email TimestampSubmitted Status 

Alma Lira Alira@proactivelegal.com 2/8/2022 3:08:50 PM SENT 

DLF Intake intake@daspitlaw.com 2/8/2022 3:08:50 PM SENT 

Jaime Holder jholder@proactivelegal.com 2/8/2022 3:08:50 PM SENT 

John Daspit e-service@daspitlaw.com 2/8/2022 3:08:50 PM SENT 

Chloe Johnson cjohnson@daspitlaw.com 2/8/2022 3:08:50 PM SENT 

Rashima London , rashima@daspitlaw.com 2/8/2022 3:08:50 PM SENT 

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