ALL PROCESS, PLEADINGS and ORDERS 

PREVIOUSLY SERVED UPON DEFENDANT 

AND DEFENDANT'S ANSWER 

IN 

CAUSE NO. 342-334428-22 

Maria Rosario Powdri/1 

vs. 

RaceTrac Petroleum, Inc. 

IN THE 342ND DISTRICT COURT 

OF TARRANT COUNTY, TEXAS 

+++ 

A. Civil Docket Sheet from Tarrant County District Clerk for Cause 

No. 342-334428-22 

B. Plaintiffs Original Petition filed July 1, 2022 

C. Return of Service of Citation on Defendant 

D. Defendant's Original Answer filed July 28, 2022 

E. Defendant's Jury Demand filed July 28, 2022 

F. Defendant's First Amended Answer filed August 3, 2022 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 1 of 30 PageID 5
EXHIBIT A 

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Civil Case and Transaction Information 08/03/2022 3 :06 PM 

Court : 342 v Case : 334428 [ Search ] [ New Search ] 0 Show Service Documents ONLY 

Cause Number: 342-334428-22 Date Filed: 07-01-2022 

MARIA ROSARIO POWDRILL I VS I RACETRAC PETROLEUM INC. 

Cause of Action : INJURY OR DAMAGE, OTHER INJURY OR DAMAGE 

Case Status : PENDING 

File Mark Description Assessed FeeCredit/Paid Fee 

07-01-2022 PLTF'S ORIG PET, RULE 193.7 NOT & REQ 

FOR REQUIREDDISCLS &amn; PROD 

07-01-2022 PAYMENT RECEIVED trans #1 

07-01-2022 PAYMENT PAID TO STATE trans #1 

07-01-2022 SVC REQ FORM EMAIL (ATTACHED). 

07-01-2022 CIT-ISSUED ON RACETRAC PETROLEUM 

INC-On 07/05/2022 

07-01-2022 PAYMENT RECEIVED trans #5 

07-08-2022 CIT RET SVC DEFN RACETRAC 

PETROLEUM INC 

07-08-2022 CIT Tr# 5 RET EXEC(RACETRAC 

PETROLEUM INC) On 07/06/2022 

07-28-2022 DEFN ORIG ANS 

$350.00 

N 

$213.00 

y 

$137.00 

y 

I:Eij] 

$8.00 

~ N Svc 

$.8J!Q 

y 

$0.00 

I:Eij] 

~ 

~ 

$0.00 

~ 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 3 of 30 PageID 7
07-28-2022 DEFN JURY DEMAND 

07-28-2022 JURY REQUESTED 

08-03-2022 DEFN 1ST AMD ANS 

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EXHIBITB 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 5 of 30 PageID 9
CAUSE NO. 342-334428~22 

FILED 

TARRANT COUNlY 

7/1/2022 12:07 PM 

THOMAS A. WILDER 

DISTRICT CLERK 

MARIA ROSARIO POW DRILL 

Plaintiff, 

v. 

RACETRAC PETROLEUM INC., 

Defendant. 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT OF 

TARRANT COUNTY, TEXAS 

__ JUDICIAL DISTRICT 

PLAINTIFF'S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUEST FOR REQUIRED 

DISCLOSURES AND PRODUCTION 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, MARIA ROSARIO POWDRILL (hereinafter "Plaintiff') in the abovestyled and numbered cause of action, and files this Original Petition complaining of 

DEFENDANT, RACETRAC PETROLEUM JNC. and, in support hereof, would show unto this 

Honorable Court the following: 

I. DISCOVERY LEVEL 

I. 1 Discovery is intended to be conducted under Level 2 of the Texas Rules of Civil 

Procedure 190.3. 

II. PARTIES 

2.1 Plaintiff, MARIA ROSARIO POWDRILL, is an individual and resident of the 

State of Texas who currently resides in Tarrant County, Texas. 

2.2 Defendant, RACETRAC PETROLEUM INC., (hereinafter referred to as 

PLAINTIFF'S ORIGINAL PETITION AND RULE 193.7 NOTICE 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 6 of 30 PageID 10
"Defendant RACETRAC"l, is a Domestic Incorporation doing business in Texas. This Defendant 

may be served with citation by serving its registered agent, Corporate Creations Network Inc., 

5444 Westheimer #1000 Houston, Texas 77056. Issuance of citation is requested at this time, 

and the fee for said issuance has been paid to the Tarrant County District Clerk. 

III. MISNOMER! ALTER EGo 

3.1 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 any "corporate veils" should 

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

IV. JURISDICTION AND VENUE 

4.1 This Court has jurisdiction in this cause since the damages to Plaintiff are within 

the jurisdictional limits of this Court. Pursuant to Rule 4 7 of the Texas Rules of Civil Procedure, 

Plaintiff hereby states that she is seeking monetary relief of $250,000.00 but not more than 

$1 ,000,000 including damages of any kind, penalties, costs, expenses, pre-judgment interest, and 

attorney's fees. 

4.2 All or a substantial part of the events or omissions giving rise to this cause occurred 

in Tarrant County, Texas. Therefore, venue is proper pursuant to§ 15.002(a)(2) ofthe Texas Civil 

Practice & Remedies Code. Additionally, the facts show that the convenience of the parties and 

witnesses and the interest of justice would be best served in Bastrop County. 

V. FACTS 

5.1 This suit is brought under and by virtue ofthe laws of the State of Texas to 

recover those damages which Plaintiff is justly entitled to receive as compensation for injuries she 

sustained in a slip-and-fall incident in Tarrant County, Texas on or about July 13, 2020. 

PLAINTIFF'S ORIGINAL PETITION AND RULE 193.7 NOTICE 2 

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5.2 On or about July 13, 2020, Plaintiff approached the RaceTrac Gas Station located 

at 2333 E. Pioneer Parkway Arlington, Texas 76010. Plaintiff noticed that the inside of the store 

was closed and approached the after-hour window to make her purchase. After retrieving her 

purchase and attempting to walk away, Plaintiff was tripped by plastic pallets that were obstructing 

her walkway and not visible. Plaintiff suffered serious bodily injury as a result of this incident. 

5.3 The Defendant was aware that the hazard of the plastic pallets existed yet failed to 

take any corrective action to remove them from the ground. 

5.4 The Defendant did not place warning signs or warn members of the public or the 

Plaintiff of the existence of the palettes. 

VI. NEGLIGENCE OF DEFENDANT RACETRAC PETROLEUM INC. 

6.1 Plaintiff hereby incorporates all paragraphs of this pleading as if fully set forth 

herein. 

6.2 At the time of the incident, Defendant was the owner or possessor of the premises 

and owed a duty to exercise reasonable care to prevent injury to others. Defendant breached that 

duty which proximately caused Plaintiffs injuries and damages. Defendant was negligent in one 

or more of the following ways: 

a. Failing to properly maintain the property in a safe condition; 

b. Failing to properly light the property to reveal said obstruction an/or 

hazardous condition; 

c. Failing to train its employees, agents, and/or servants to notify management 

amLor ownership of any dangerous conditions and/or areas requiring 

maintenance located on the property; 

d. Failing to enforce a maintenance plan, proper policies, rules, and/or 

procedures to make its property reasonably safe; 

e. Failing to enforce proper policies, rules, and/or procedures to make its 

premises reasonably safe; 

PLAINTIFF'S ORIGINAL PETITION AND RULE 193.7 NOTICE 3 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 8 of 30 PageID 12
f. Failing to warn Plaintiff and other invitees, that the property contained 

unreasonably dangerous conditions by placing warning signage and or other 

identification on the property; and 

g. Other acts and/or omissions constituting negligence that will be proved by 

the evidence at trial. 

6.3 Each and all of the above acts and/or omissions constituted negligence and each 

and all were the proximate cause of the injuries to Plaintiff and the damages alleged herein. 

6.4 The acts or omissions of Defendant, constituted negligence, and such negligence 

was a proximate cause of the occurrence that forms the basis of this lawsuit and Plaintiffs resulting 

injuries and damages. 

VII. DAMAGES 

8.1 As a result of the incident made the basis of this lawsuit described in the preceding 

paragraphs and the negligence of the Defendant, Plaintiff sustained significant injuries and 

damages in the past and will, in reasonable probability, sustain these damages into the future. 

8.2 Defendants· acts and omissions negligently inflicted serious injuries to the Plaintiff. 

8.3 Plaintiff respectfully request that the Court determine the amount of Plaintiff's 

damages and losses that Plaintiffs have incurred in the past and will reasonably incur in the future, 

as well as the monetary value of these damages, which include, but are not limited to: 

a. Physical pain; 

b. Mental anguish; 

c. Physical impairment; 

d. Medical care expenses; 

e. Out-of-pocket economic losses; 

f. Loss of past earning capacity and/or lost wages; 

PLAINTIFF'S ORIGINAL PETITION AND RULE 193.7 NOTICE 4 

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g. Loss of enjoyment of life; 

h. Consequential damages; and, 

1. Punitive damages. 

8.4 Due to all of the above and foregoing, Plaintiff has suffered actual damages in 

excess of the minimum jurisdictional limits of the Court for which damages Plaintiff now brings 

suit. 

8.5 Plaintiff seeks both prejudgment and post-judgment interest as allowed by law, all 

costs of court, and all other relief, both in law and in equity, to which they may be entitled. 

VIII. RULE 193. 7 NOTICE 

9.1 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives 

actual notice to Defendant that any document produced by each Defendant may be used against 

each such Defendant at any pretrial proceeding and/or at the trial of this matter without the 

necessity of authenticating the documents. 

IX. REQUIRED DISCLOSURES AND PRODUCTION 

10.1 Pursuant to Texas Rule of Civil Procedure 194 effective January 1, 2021, 

Defendants must disclose, within thirty (30) days after the filing of the first answer or general 

appearance, the information or material described in Texas Rules of Civil Procedure 1 94.2, 194.3, 

and 194.4. Defendant must serve written responses to these required initial disclosures and 

production on Plaintiff at the office of Plaintiffs' counsel, within thirty (30) days after the filing of 

the first answer or genera I appearance. Failure to respond timely shall constitute an abuse of 

discovery pursuant to Texas Rule of Civil Procedure 215. 

XI. PRAYER 

PLAINTIFF'S ORIGINAL PETITION AND RULE 193.7 NOTICE 5 

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11.1 WHEREFORE, PREMISES CONSIDERED, Plaintiffprays that the Defendant be 

cited to appear and answer herein and that, upon final trial and hearing hereof, Plaintiff recovers 

damages in accordance with the evidence, costs of court herein expended, interest to which 

Plaintiff is justly entitled w1der the law, and such other and further relief, both general and special, 

both in law and in equity, to which Plaintiffmay be justly entitled. 

Respectfully submitted, 

THE AMARO LAW FIRM 

Anna J. McMullen 

SBN: 24109535 

2500 E. TC Jester Blvd., Ste. 525 

Houston, Texas 77008 

713.864.1941 tel. 

713.864.1942 fax 

fax;ti1amarolawfinn.com 

ATTORNEY FOR PLAINTIFF 

PLAINTIFF'S ORIGINAL PETITION AND RULE 19}. 7 NOTICE 6 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 11 of 30 PageID 15
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. 

Vanessa Garcia on behalf of Anna McMullen 

Bar No. 241 09535 

vanessa@amarolawfirm .com 

Envelope ID: 65971032 

Status as of 7/1/2022 12:11 PM CST 

Case Contacts 

Name BarN umber Email TimestampSubmitted Status 

R. JamesAmaro fax@amarolawfirm.com 7/1/2022 12:07:16 PM SENT 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 12 of 30 PageID 16
EXHIBIT C 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 13 of 30 PageID 17
342-334428-22 

CAUSE NUMBER: 342-334428-22 

MARIA ROSARIO POWDRILL 

PLAINTIFF 

FILED 

TARRANT COUNTY 

7/8/2022 7:50AM 

THOMAS A. WILDER 

DISTRICT CLERK 

vs. IN THE 342ND JUDICIAL DISTRICT . 

COURT OF TARRANT COUNTY, TEXAS 

RACETRAC PETROLEUM, INC. 

DEFENDANT 

RETURN OF SERVICE 

My name is GERARDO ATILANO. I am over the age of eighteen (18), I am not a party to this case, and 

have no interest in its outcome. I am in all ways competent to make this affidavit and this affidavit is based on 

personal knowledge. The facts stated herein are true and correct. My business address is: 1320 QUITMAN · 

ST. STE 100, HOUSTON, HARRIS COUNTY, TX 77009, U.S.A. 

ON Tuesday July 05, 2022 AT 12:47 PM -CITATION, PLAINTIFF'S ORIGINAL PETITION, 

RULE 193.7 NOTICE, AND REQUEST FOR REQUIRED DISCLOSURES AND PRODUCTION. 

came to hand for service upon RACETRAC PETROLEUM, INC. BY SERVING ITS REGISTERED . 

AGENT CORPORATE CREATIONS NETWORK, INC.. . 

On Wednesday July 06, 2022 at 12:00 PM- The above named documents were hand delivered to: · 

RACETRAC PETROLEUM, INC. C/0 ITS REGISTERED AGENT CORPORATE CREATIONS 

NETWORK, INC. BY DELIVERING TO MARIA NEWMAN, AUTHORIZED TO ACCEPT@ 

5444 WESTHEIMER #1000, HOUSTON, TX 77056, in Person. 

FURTHER AFFIANT SAYETH NOT. 

STATE OF TEXAS DECLARATION 

"My name 'is GERARDO ATILANO, my date of birth is 07/14/1976 my business address is 1320 QUITMAN 

STREET, HOUSTON, TX 77009, and I declare under penalty of perjury that this affidavit is true and correct." 

Executed in Harris County, State of Texas on Thursday July 07, 2022 

/s/GERARDO ATILANO 

Declarant 

PSC#9689 EXP. 10/31/22 

Appointed in accordance with State Statutes 

2022.07.665586 

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· EXHIBITD 

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342-334428-22 

CAUSE NO. 342-334428-22 

MARIA ROSARIO POWDRILL 

Plaintiff 

v. 

RACETRAC PETROLEUM, INC. 

Defendant 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT 

TARRANT COUNTY, TEXAS 

342ND JUDICIAL DISTRICT 

DEFENDANT'S ORIGINAL ANSWER 

TO SAID HONORABLE COURT: 

FILED 

TARRANT COUNTY 

7/28/2022 1 :42 PM 

THOMAS A. WILDER 

DISTRICT CLERK 

RaceTrac Petroleum, Inc. ("RaceTrac"), the Defendant herein, files this, its Original 

Answer to Plaintiffs Original Petition, respectfully showing unto the Court as follows: 

GENERAL DENIAL 

I. 

Subject to such stipulations and admissions as may be hereafter made, Defendant hereby 

enters a general denial, as is permitted by Rule 92 of the Texas Rules of Civil Procedure. 

AFFIRMATIVE DEFENSES 

II. 

Pleading further, Defendant would show that Plaintiff was guilty of certain acts or 

omissions of negligence, each of which, separately or concurrently, was the sole proximate cause 

or, alternatively, a proximate cause of the occurrence made the basis of this suit, including but 

not limited to failing to keep a proper lookout for her own safety. 

III. 

Pleading further, and in the alternative, Defendant would show that the occurrence made 

the basis of this suit was the result of an unavoidable accident; that is, one not proximately 

caused by the negligence of any paliy to it. 

DEFENDANT'S ORIGINAL ANSWER- Page I 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 16 of 30 PageID 20
IV. 

Pleading further in the alternative, Defendant would show that the act or omission of a 

separate and independent agency' not reasonably foreseeable, destroyed the causal connection,. if 

any, between the acts or omissions of Defendant and the occurrence in question, and thereby 

became the immediate cause of such occunence and the Plaintiffs claimed injuries and 

damages. 

v. 

Pleading further, Defendant would show that, pursuant to Texas Civil Practice and 

Remedies Code § 41.0105, any claim for medical or healthcare expenses allegedly incurred by 

Plaintiff is limited to the amount actually paid or incurred by or on behalf of Plaintiff. 

VI. 

Pleading further, Defendant would show that, pursuant to Texas Civil Practice and 

Remedies Code§ 18.091, evidence of alleged loss of earnings, lost wages, lost earning capacity 

and/ot loss of contributions of a pecuniary value, if any, and to the extent such recovery is 

sought, must be presented by Plaintiff in the form of net loss after reduction for income tax 

payments or unpaid tax liability to any federal income tax law. 

PRAYER 

For the above reasons, Defendant prays that upon final hearing judgment be rendered that 

Plaintiff recover nothing of and from Defendant, and that Defendant recover its costs in this 

behalf expended; further, that Defendant be granted all such other and further relief to which it 

may be justly entitled. 

DEFENDANT'S ORIGINAL ANSWER- Page 2 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 17 of 30 PageID 21
Respectfully submitted, 

EKV ALL & BYRNE, LLP 

Michael A. Hummert 

State Bar No. 10272000 

mhummert@ekvallbyrne.com 

Ignacio Barbero 

State Bar No. 00796162 

i barbero@ekvallbyrne. com 

4450 Sigma Road, Suite 1 00 

Dallas, Texas 75244 

Telephone (972) 239-0839 

Facsimile (972) 960-9517 

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE 

A true and con-ect copy of the foregoing instrument was e-served on counsel of record 

herein in accordance with the Rules of Civil Procedure on the z.)g;,~ day of July, 2022. 

MICHAEL A. HUMMERT 

DEFENDANT'S ORIGINAL ANSWER- Page 3 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 18 of 30 PageID 22
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. 

Donna Wojcik on behalf of Michael A. Hummert 

Bar No. 10272000 

dwojcik@ekvallbyrne.com 

Envelope ID: 66765862 

Status as of 7/28/2022 2:21 PM CST 

Associated Case Party: THERACETRAC PETROLEUM INC 

Name BarNumber Email TimestampSubmitted 

Donna Wojcik dwojcik@ekvallbyrne.com 7/28/2022 1:42:56 PM 

Sandi Williams swilliams@ekvallbyrne.com 7/28/2022 1:42:56 PM 

Deanna Ortega dortega@kvallbyrne.com 7/28/2022 1:42:56 PM 

Ignacio Barbero ibarbero@ekvallbyrne.com 7/28/2022 1:42:56 PM 

Status 

SENT 

SENT 

SENT 

SENT 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 19 of 30 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 a certificate 

of service that complies with all applicable rules. 

Donna Wojcik on behalf of Michael A. Hummert 

Bar No. 1 0272000 

dwojcik@ekvallbyrne.com 

Envelope ID: 66765862 

Status as of 7/28/2022 2:21 PM CST 

Case Contacts 

Name BarNumber Email TimestampSubmitted 

R. JamesAmaro fax@amarolawfirm.com 7/28/2022 1:42:56 PM 

Status 

SENT 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 20 of 30 PageID 24
EXHIBITE · · 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 21 of 30 PageID 25
342-334428-22 

CAUSE NO. 342-334428-22 

MARIA ROSARIO POWDRILL § 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT 

Plaintiff 

v. TARRANT COUNTY, TEXAS 

RACETRAC PETROLEUM, INC. 

Defendant 342ND JUDICIAL DISTRICT 

DEFENDANT'S JURY DEMAND 

TO THE HONORABLE COURT: 

· Defendant respectfully demands a trial by jury. 

Respectfully submitted, 

EKVALL & BYRNE, LLP 

Uu·OA~~ Michael A. Humme1t 

State Bar No. 10272000 

mhummert@ekvallbyrne.com 

Ignacio Barbero 

State Bar No. 00796162 

ibarbero@ekvallbyrne.com 

4450 Sigma Road, Suite 100 

Dallas, Texas 75244 

Telephone (972) 239-0839 

Facsimile (972) 960-9517 

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE 

FILED 

TARRANT COUNTY 

7/28/2022 1:42 PM 

THOMAS A. WILDER 

DISTRICT CLERK 

A true and correct copy of the foregoing instrument was e-served on counsel of record 

herein in accordance with the Rules of Civil Procedure on the 2-0 .u,_ day of July, 2022. 

MICHAEL 

t~/1~ A. HUMMERT 

DEFENDANT'S JURY DEMAND- Solo Page 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 22 of 30 PageID 26
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. 

Donna Wojcik on behalf of Michael A. Hummert 

Bar No. 1 0272000 

dwojcik@ekvallbyrne.com 

Envelope 10: 66765862 

Status as of 7/28/2022 2:21 PM CST 

Associated Case Party: THERACETRAC PETROLEUM INC 

Name BarNumber Email TimestampSubmitted 

Donna Wojcik dwojcik@ekvallbyrne.com 7/28/2022 1:42:56 PM 

Sandi Williams swilliams@ekvallbyrne.com 7/28/2022 1:42:56 PM 

Deanna Ortega dortega@kvallbyrne.com 7/28/2022 1:42:56 PM 

Ignacio Barbero ibarbero@ekvallbyrne .com 7/28/2022 1:42:56 PM 

Status 

SENT 

SENT 

SENT 

SENT 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 23 of 30 PageID 27
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. 

Donna Wojcik on behalf of Michael A. Hummert 

Bar No. 10272000 

dwojcik@ekvallbyrne.com 

Envelope ID: 66765862 

Status as of 7/28/2022 2:21 PM CST 

Case Contacts 

Name BarNumber Email TimestampSubmitted Status 

R. JamesAmaro fax@amarolawfirm.com 7/28/2022 1:42:56 PM SENT 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 24 of 30 PageID 28
EXHIBIT F 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 25 of 30 PageID 29
342-334428-22 

CAUSE NO. 342-334428-22 

MARIA ROSARIO POWDRILL 

Plaintiff 

V. 

RACETRAC PETROLEUM, INC. 

Defendant 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

IN THE DISTRICT COURT 

TARRANTCOUNTY,TEXAS 

342ND JUDICIAL DISTRICT 

DEFENDANT'S FIRST AMENDED ANSWER 

TO SAID HONORABLE COURT: 

FILED 

TARRANT COUNTY 

8/3/2022 2:13PM 

THOMAS A. WILDER 

DISTRICT CLERK 

RaceTrac Petroleum, Inc. ("RaceTrac"), the Defendant herein, files this, its First 

Amended Answer to Plaintiffs Original Petition, respectfully showing unto the Court as follows: 

GENERAL DENIAL 

I. 

Subject to such stipulations and admissions as may be hereafter made, Defendant hereby 

enters a general denial, as is permitted by Rule 92 ofthe Texas Rules of Civil Procedure. 

AFFIRMATIVE DEFENSES 

II. 

Pleading further, Defendant would show that Plaintiff was guilty of certain acts or 

omissions of negligence, each of which, separately or concurrently, was the sole proximate cause 

or, alternatively, a proximate cause of the occurrence made the basis of this suit, including but 

not limited to failing to keep a proper lookout for her own safety. 

III. 

Pleading further, and in the alternative, Defendant would show that the occurrence made 

the basis of this suit was the result of an unavoidable accident; that is, one not proximately 

caused by the negligence of any party to it. 

DEFENDANT'S FIRST AMENDED ANSWER- Page 1 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 26 of 30 PageID 30
IV. 

Pleading further in the alternative, Defendant would show that the act or omission of a 

separate and independent agency, not reasonably foreseeable, destroyed the causal connection, if 

any, between the acts or omissions of Defendant and the occurrence in question, and thereby 

became the immediate cause of such occurrence and the Plaintiffs c1aimed injuries and 

damages. 

V. 

Pleading further, Defendant would show that, pursuant to Texas Civil Practice and 

Remedies Code § 41.0105, any claim for medical or healthcare expenses allegedly incurred by 

Plaintiff is limited to the amount actually paid or incurred by or on behalf of Plaintiff. 

VI. 

Pleading further, Defendant would show that, pursuant to Texas Civil Practice and 

Remedies Code § 18.091, evidence of alleged loss of earnings, lost wages, lost earning capacity 

and/or loss of contributions of a pecuniary value, if any, and to the extent such recovery is 

sought, must be presented by Plaintiff in the form of net loss after reduction for income tax 

payments or unpaid tax liability to any federal income tax law. 

VII. 

While denying that there is any legal or factual basis for Plaintiffs groundless claim for 

punitive damages, Defendant invokes the procedural safeguards incorporated in Chapter 41 of 

the Texas Civil Practice & Remedies Code, including the enhanced burden of proof, the 

requirement of a unanimous jury verdict, the limitation on the amount of punitive damages, and 

the right to a bifurcated trial 

DEFENDANT'S FIRST AMENDED ANSWER- Page 2 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 27 of 30 PageID 31
PRAYER 

For the above reasons, Defendant prays that upon final hearing judgment be rendered that 

Plaintiff recover nothing of and from Defendant, and that Defendant recover its costs in this 

behalf expended; further, that Defendant be granted all such other and further relief to which it 

may be justly entitled. 

Respectfully submitted, 

EKV ALL & BYRNE, LLP 

Michael A. Hummert 

State Bar No. 10272000 

mhummert@ekvallbyrne.com 

Ignacio Barbero 

State Bar No. 00796162 

ibarbero@ekvallbyrne.com 

4450 Sigma Road, Suite 100 

Dallas, Texas 75244 

Telephone (972) 239-0839 

Facsimile (972) 960-9517 

ATTORNEYS FOR DEFENDANT 

CERTIFICATE OF SERVICE 

A true and correct copy of the foregoing instrument was e-served on counsel of record 

herein in accordance with the Rules of Civil Procedure on the 3rd day of August, 2022. 

vlSlA~~~ MICHAEL A. HUMMERT 

DEFENDANT'S FIRST AMENDED ANSWER- Page 3 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 28 of 30 PageID 32
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. 

Donna Wojcik on behalf of Michael A. Hummert 

Bar No. 10272000 

dwojcik@ekvallbyrne.com 

Envelope ID: 66934015 

Status as of 8/3/2022 2:18 PM CST 

Associated Case Party: THERACETRAC PETROLEUM INC 

Name BarN umber Email TimestampSubmitted 

Ignacio Barbero ibarbero@ekvallbyrne.com 8/3/2022 2:13:54 PM 

Deanna Ortega dortega@kvallbyrne.com 8/3/2022 2:13:54 PM 

Sandi Williams swilliams@ekvallbyrne.com 8/3/2022 2:13:54 PM 

Donna Wojcik dwojcik@ekvallbyrne.com 8/3/2022 2:13:54 PM 

Status 

SENT 

SENT 

SENT 

SENT 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 29 of 30 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 a certificate 

of service that complies with all applicable rules. 

Donna Wojcik on behalf of Michael A. Hummert 

Bar No. 10272000 

dwojcik@ekvallbyrne.com 

Envelope ID: 66934015 

Status as of 8/3/2022 2:18PM CST 

Case Contacts 

Name BarNumber Email TimestampSubmitted 

R. JamesAmaro fax@amarolawfirm.com 8/3/2022 2:13:54 PM 

Status 

SENT 

Case 4:22-cv-00670-P Document 1-1 Filed 08/04/22 Page 30 of 30 PageID 34