PLAINTIFF’S ORIGINAL PETITION Page 1 of 9

CAUSE NO. _______________ 

HELEN ALVAREZ,

Plaintiff, 

v. 

 § 

 § 

 § 

 § 

 §

 IN THE DISTRICT COURT

 § DALLAS COUNTY, TEXAS 

 § 

PEP BOYS – MANNY, MOE & JACK 

OF DELAWARE LLC, THE PEP 

BOYS–MANNY, MOE & JACK LLC, 

DISCOUNT TIRE COMPANY OF 

TEXAS, INC., AND HALLE 

PROPERTIES, LLC 

Defendant. 

 § 

 § 

 § 

 § 

 § 

 § 

 § ______ JUDICIAL DISTRICT 

PLAINTIFF’S ORIGINAL PETITION 

TO THE HONORABLE JUDGE OF SAID COURT: 

 COMES NOW, Helen Alvarez (“Plaintiff”) complaining of and against Pep Boys-Manny 

Moe & Jack of Delaware LLC, The Pep Boys–Manny, Moe & Jack LLC, Discount Tire Company of 

Texas, Inc., and Halle Properties, LLC (“Defendants”) and would respectfully show unto the Court 

as follows: 

I. DISCOVERY CONTROL PLAN 

Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure 190.3.

Pursuant to Texas Rule of Civil Procedure §194.2, Defendants’ Initial Disclosures are required 

to be made within thirty (30) days after the filing of the first answer, unless a different time is 

set by the Court or by the parties’ agreement. 

II. PARTIES AND SERVICE 

1. Plaintiff is an individual residing in Denton County, Texas and the last three digits of 

her driver’s license number are 362. 

FILED

7/27/2022 2:25 PM

FELICIA PITRE

DISTRICT CLERK

DALLAS CO., TEXAS

DC-22-08716 Danitra Brown DEPUTY

192nd

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2. Defendant Pep Boys – Manny, Moe & Jack of Delaware LLC (“Defendant Pep 

Boys”) is a corporation doing business in the state of Texas. Defendant Pep Boys may be served 

through its registered agent, The Prentice-Hall Corporation System, Inc., located at 211 E. 7th Street, 

Suite 620, Austin, Texas 78701, or wherever it may be found. 

3. Defendant The Pep Boys–Manny, Moe & Jack LLC (“Defendant The Pep Boys”) 

appears to be a limited liability company doing business in the state of Texas. Defendant The Pep 

Boys may be served at its mailing address located at 3111 West Allegheny Avenue, Philadelphia, 

Pennsylvania 19132, through its senior counsel, Alex Bartko, 112 Townpark Drive NW, Suite 250, 

Kennesaw Georgia 30144, Facsimile: 248-204-5790, Email: alex_bartko@pepboys.com, or through 

its registered agent, Corporation Service Company d/b/a CSC Lawyers Inc. located at 211 E. 7th 

Street, Suite 620, Austin, Texas 78701, or wherever it may be found. 

4. Defendant Discount Tire Company of Texas, Inc. (“Defendant Discount”) is a 

corporation doing business in the state of Texas. Defendant Discount may be served through its 

registered agent, Corporation Service Company d/b/a CSC Lawyers Inc. located at 211 E. 7th Street, 

Suite 620, Austin, Texas 78701, or wherever it may be found. 

5. Defendant Halle Properties, LLC (“Defendant Halle”) is a corporation doing business 

in the state of Texas. Defendant Halle may be served through its registered agent, Corporation 

Service Company d/b/a CSC Lawyers Inc. located at 211 E. 7th Street, Suite 620, Austin, Texas 

78701, or wherever it may be found. 

III. JURISDICTION 

6. This Court has jurisdiction as Plaintiff’s damages exceed the minimum jurisdictional 

limits of this Court. 

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IV. VENUE 

7. Venue is proper in Dallas County, Texas, pursuant to 15.002(a)(1) of the Texas Civil 

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

to the claimed occurred in Dallas County. Additionally, Defendant maintained its premises that is the 

subject of this suit in Dallas County. 

V. FACTS

8. On or about September 29, 2020, Plaintiff was an invitee at Defendants parking 

grounds where their respective automotive repair and maintenance store are located at 2992 Forest 

Lane, Dallas, Texas 75234 and/or 2976 Forest Lane, Dallas, Texas 75234. 

9. Defendant Pep Boys and Defendant The Pep Boys were the leaseholders, operators 

and shopkeepers operating an automotive repair and maintenance store located at 2992 Forest Lane, 

Dallas, Texas 75234. 

10. Defendant Discount and Defendant Halle were respectively the lease holders, 

operators, shopkeepers, and owners operating an automotive repair and maintenance store located at 

2976 Forest Lane, Dallas, Texas 75234. 

11. Plaintiff was an invitee on the grounds she believes to be located on Defendant Pep 

Boys and Defendant The Pep Boys premises. However, the location where she was located at the 

time of the incident appears to be near or on the border of the property operated by Defendant 

Discount and Defendant Halle. 

12. Specifically, Plaintiff was on Defendants premises as she had traveled there with her 

son who was a patron of Defendant Pep Boys and Defendant The Pep Boys. Plaintiff parked her 

vehicle in Defendants’ parking lot while her son’s vehicle was in one of the stalls at Defendants’ 

location. Plaintiff got out of her vehicle to give her son something and, as she walked back to her 

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vehicle, she tripped as Defendants’ lot had an uneven surface or depression in a parking lot, which 

obviously created a tripping risk. This condition posed an unreasonably dangerous condition to the 

intended users, such as Plaintiff. Defendants had an obligation to maintain the integrity of its parking 

lot in a way that avoids injury. 

13. Plaintiff was, at all times, an invitee and legally located on Defendants’ premises. 

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14. The immense force of Plaintiff’s fall caused severe and critical injuries, including but 

not limited to, left wrist fracture, right elbow fracture, right knee fractures. That same day, Plaintiff 

was admitted to the hospital for left wrist surgery where she stayed for one week post-operatively. 

She also suffered from pain in both shoulders, soreness in the left leg, numbness and tingling in her 

arms, hands, fingers, lefts, feet and toes. 

15. Defendants failed to ensure that its parking lot was safe and free of dangerous 

conditions for patrons and invitees to enter their premises. 

16. Defendants had a duty to protect patrons from dangerous conditions arising from the 

Defendants’ control over the premises. This duty includes duty to inspect and duty to warn or make 

conditions safe. 

17. Defendants failed to exercise ordinary care and breached its duty to protect the 

Plaintiff from dangerous conditions by allowing the maintenance and upkeep of its parking lot to be 

in a deplorable condition, where patrons reasonably and regularly park their vehicles when entering 

automotive repair and maintenance store. Defendants created an unreasonable risk of harm to 

Plaintiff by failing to warn Plaintiff of such risk, by failing to make such conditions safe, and by 

failing to take proper precautions to prevent foreseeable harm. 

18. In the alternative, Plaintiff’s injury was the result of the Defendants’ negligence in: 

failing to develop and implement adequate policies and procedures for the maintenance and upkeep 

of its parking lot; failing to ensure that its agents and/or employees were aware of potential dangers 

to store invitees and that such employees followed proper policies and procedures for invitee safety; 

failing to inspect the premises on a routine basis; failing to properly repair and maintain any defects 

on the premises; failing to warn Plaintiff of such an unreasonable risk of harm. 

19. It was the Defendants’ negligence, negligence per se, and/or gross negligence that 

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was the proximate cause and/or one of the proximate causes of Plaintiff’s personal injuries and 

damages. 

VI. PREMISES LIABILITY OF DEFENDANTS PEP BOYS–MANNY, MOE & JACK OF 

DELAWARE LLC, THE PEP BOYS – MANNY, MOE & JACK LLC, DISCOUNT TIRE 

COMPANY OF TEXAS, INC., AND HALLE PROPERTIES, LLC 

20. Plaintiff fully incorporates herein for all purposes the foregoing facts set out in 

Plaintiff’s Original Petition.

21. Plaintiff was an invitee at the time of the injury, and Defendants owed Plaintiff a duty 

to exercise ordinary care to keep the premises in a reasonably safe condition, inspect the premises to 

discover latent defects, and to make safe any defects, or give adequate warnings of any dangers. 

22. The conduct of Defendants and its agents was one of the proximate causes, or the 

proximate cause, of Plaintiff’s personal injuries and damages. 

23. Defendants knew or should have known that the condition on its premises created an 

unreasonable risk of harm to invitees, such as Plaintiff. 

24. Defendants had control over the premises and could have eliminated the condition 

which posed an unreasonable risk of harm to Plaintiff by: 

a. Developing and implementing adequate policies and procedures for the 

maintenance and upkeep of its parking lot; 

b. Properly instructing, training and educating their respective employees and 

agents to maintain a hazard free environment; 

c. Inspecting the premises on a routine basis; 

d. Repairing and maintaining any defects on the premises; and/or 

e. Warning Plaintiff of such an unreasonable risk of harm. 

25. Defendants failed to act as a prudent shopkeeper in the same or similar circumstance 

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would have done, including failure to perform any of the actions stated in the preceding paragraph. 

26. The conduct of Defendants was a substantial factor in bringing about Plaintiff’s 

injuries and without such cause, Plaintiff’s injuries and damages would not have occurred. 

VII. DAMAGES 

27. As a result of the Defendants’ failure to exercise ordinary care to protect Plaintiff 

from unreasonably dangerous conditions in the Defendants’ premises and the Defendants’ failure to 

adequately warn Plaintiff of the parking lot distress, and failure to make such condition reasonably 

safe, Plaintiff suffered serious injuries to her body. 

28. As a result of the injuries that Plaintiff sustained, she incurred reasonable and 

necessary doctors’ and medical expenses for her necessary medical care and attention in excess of 

the jurisdictional limits of this court. There is also a reasonable probability that Plaintiff will incur 

additional expenses for necessary medical and related health care in the future in an amount 

unknown at this time. 

29. In addition, Plaintiff suffered severe physical and mental pain, suffering and anguish, 

disfigurement, and in all reasonable probability, will continue to suffer in this manner well into the 

future, if not for the balance of his life. 

30. As a proximate result of the Defendants negligence, Plaintiff suffered injuries to her 

body in general. Defendants’ aforementioned negligence diminished Plaintiff’s ability to administer 

to her own needs. It is more likely than not that Plaintiff’s ability to attend to customary household 

duties and earning capacity will be impaired well into the future, if not for the balance of her natural 

life. 

VIII. RULE 47 PLEADING 

31. Plaintiff pleads, as she is required to under Rule 47(c)(3) of the Texas Rules of Civil 

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Procedure, that she seeks monetary relief over $250,000 but not more than $1,000,000. 

IX. RULE 193.7 SELF-AUTHENTICATION 

32. Plaintiff hereby provides notice to Defendants that any documents produced in 

response to written discovery will be authenticated for use in any pre-trial proceeding or at trial. 

X. DESIGNATED E-SERVICE ADDRESS 

33. The under-signed attorney’s designated e-service address for all e-served documents 

and notices, filed and unfiled is: efile@chalakilaw.com. This is the under-signed attorney’s only eservice email address, and service through any other email address will be considered invalid. 

XI. PRAYER 

34. WHEREFORE, Plaintiff respectfully request that Defendants be cited to appear and 

answer, and that on final trial, Plaintiff be awarded judgment against Defendants for the following: 

a. Actual medical bills for Plaintiff’s damages, which are necessary and reasonable for 

these types of services; and for future medical attention, and full damages in a sum 

within the jurisdictional limits of this Court; 

b. Monetary damages for past and future physical pain and suffering and mental 

anguish found to be reasonable and just by the trier of fact; 

c. Monetary damages for disfigurement found to be reasonable and just be the trier of 

fact; 

d. Physical impairment as determined by the trier of fact; 

e. Pre and post judgment interest at the maximum legal rate; 

f. Costs of Court; and 

g. Such other and further relief, at law or in equity, to which Plaintiff will be justly 

entitled. 

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 Respectfully submitted, 

CHALAKI LAW, P.C. 

By: /s/ Shawn Hashemi 

E-service: efile@chalakilaw.com 

Shawn Hashemi 

Texas Bar No. 24090151 

North Dallas Law Center 

3234 Commander Drive, Suite 100 

Carrollton, Texas 75006 

Tel. (972) 793-8500 

Fax. (800) 991-6288 

ATTORNEY FOR PLAINTIFF

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