EXHIBIT 1

Exhibit 1

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 1 of 27 PageID 7




 	


 !" #$% &'(" ##$#)* +, -.+, /01/( 234(546(7!'89:;

&'(96<( "=>?@==>=AB@CC  5&!(D3E(F"AG@CB@CACC

-HIJKHJHIL MN/MOH+KKJPQQ

&'(RS4!37"-TUJVWJIKKXHP
JH+H+

&'(/!&!'"
H-I-X

D3E(Y& Z 5('4 3[!37 S''(''(FD(( (F3!\]&3FD((

^__ 
QO`+WJX
H 

- abc

^__ 
KVH-JHHdHIe	 

V a	c

^__ 
KVH-
KIW+KHe	 

V a	c

^__ _++UHIW-OH+KKJQQ_W

^f



-

+

afc

^__ 
KVH-JHHdHIeg 

V afc

^__ TUJVJHhUH+HI

 ac

_	b_ IHO-`+WJXK-+i+
HHj

 ac

_	_ kkkWJI+HK+HJKQlmnWOb_	_

okkk







ac

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 2 of 27 PageID 8
EXHIBIT 2

Exhibit 2

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 3 of 27 PageID 9
NEDRA MEREDITH 

Plaintiff, 

v. 

FIESTA MART, LLC 

Defendant 

348-334307-22 

NO. ____ _ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

FILED 

TARRANT COUNTY 

6/27/2022 10:33 AM 

THOMAS A. WILDER 

DISTRICT CLERK 

IN THE DISTRICT COURT 

JUDICIAL DISTRICT 

TARRANT COUNTY, TEXAS 

PLAINTIFF'S ORIGINAL PETITION 

TO THE HONORABLE JUDGE OF SAID COURT: 

COMES NOW, NEDRA MEREDITH (hereinafter "Plaintiff') and files this, Plaintiff's 

Original Petitio.n, complaining of FIESTA MART, LLC (hereinafter "Defendant" or "Fiesta"), 

Defendant herein, and for cause of action would respectfully show the Court the following: 

I. 

DISCOVERY CONTROL PLAN 

Pursuant to Rule 190.4, TEXAS RULES OF CIVIL PROCEDURE, discovery in this suit is to be 

conducted under Level 3. 

II. 

PARTIES 

PlaintiffNEDRA MEREDITH is an individual residing in Tarrant County, Texas. The last 

three digits of her social security number are 923 and the last three digits of her Texas Driver's 

License number are 722. 

Defendant FIESTA MART, LLC, is a Texas limited liability company doing business in 

Tarrant County, Texas, and may be served with process through its registered agent, CT 

PLAINTIFF'S ORIGINAL PETITION 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 4 of 27 PageID 10
Corporation Systems at 1999 Bryan Street. Suite 900, Dallas, Texas 75201, or wherever it may 

be found. 

III. 

VENUE AND JURISDICTION 

Venue is proper in Tarrant County, Texas, because all or a substantial part of the events 

giving rise to the suit occurred in Tarrant County, Texas. TEx. CIV. PRAC. & REM. CoDE ANN. 

§15.001. All damages sought are within the jurisdictional limits of this Court. 

IV. 

FACTS 

On or about July 6, 2020, Plaintiff was present on Defendant's premises located at 4525 E. 

Berry Street, Fort Worth, Texas 76105. As Plaintiff was walking down an aisle, she slipped on a 

wet, slippery substance that was left unattended in the aisle, causing severe bodily injuries to 

Plaintiff. There was no "wet floor" or "caution" sign present at the time of the incident. Plaintiff 

experienced an onset of initial symptoms and immediately presented to Texas Health Harris 

Methodist Hospital in Fort Worth, Texas via ambulance to have her injuries treated. Plaintiff 

suffered injuries and/or aggravation or exacerbation of pre-existing conditions to her neck, 

shoulder, and other parts of her body as a result ofthe incident. Plaintiffs bodily injuries and/or 

aggravations or exacerbations thereof occurred as a direct result of a slip and fall that was 

proximately caused by the dangerous condition described above, which Defendant knew or, in the 

exercise of ordinary care, should have known existed, for which Plaintiff seeks compensation. 

PLAINTIFF'S ORIGINAL PETITION 2 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 5 of 27 PageID 11
v. 

CAUSES OF ACTION 

A. Negligence 

Plaintiff incorporates by reference and re-alleges paragraphs above the same as if set forth 

herein at length. Defendant, through its agents, servants and/or employees, was negligent on the 

occasion in question by among other things: (1) causing and/or creating a dangerous condition to 

exist on the floor in the form of water or some other slippery substance; (2) allowing the substance 

to remain on the floor where the incident occurred without alerting Plaintiff of the dangerous 

condition; and (3) failing to restrict access to the area while the substance remained on the floor 

creating a dangerous condition, when the Defendant's agents and/or employees knew or in the 

exercise of reasonable care should have known that this would cause an unreasonable risk of harm 

for those persons attempting to walk on the slippery floor. 

At all times mentioned herein, based on information and belief, all agents, servants and/or 

employees of Defendant were acting within the course and scope of their employment or official 

duties and in furtherance ofthe duties of their employment. Thus, Defendant is responsible for all 

damages resulting from the negligent acts and/or omissions of its agents, servants and/or 

employees under the doctrine of respondent superior. 

Plaintiff alleges that, upon the occasion in question, Defendant, through its agents, servants 

and/or employees, failed to use ordinary care by various acts and omissions in at least the following 

ways: 

a. Failing to exercise ordinary care in maintain the premises in a reasonably safe 

condition; 

PLAINTIFF'S ORIGINAL PETITION 3 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 6 of 27 PageID 12
b. Failing to exercise reasonable care to reduce or eliminate the risk to invitees, such 

as the Plaintiff, of unreasonably dangerous conditions; 

c. Failing to warn invitees, such as the Plaintiff, of the unreasonably dangerous 

condition where the incident occurred; 

d. Creating and causing an unreasonably dangerous condition to exist on the premises; 

e. Failure to use reasonable care in training its employees in locating, cleaning, 

preventing, removing and/or warning of unreasonably dangerous conditions; 

f. Failure to use reasonable care in supervising its employees to ensure they are 

competent in locating, cleaning, preventing, removing and/or warning of 

unreasonably dangerous conditions; or 

g. Failure to recognize and correct a dangerous condition. 

Plaintiff seeks damages within the jurisdictional limits of this Court. 

B. Premises Liability 

Plaintiff incorporates by reference and re-alleges paragraphs above the same as if set 

forth herein at length. Plaintiff herein alleges as follows: 

1. Plaintiff entered Defendant's premises in response to Defendant's invitation and for 

their mutual benefit and as such, Plaintiff was an invitee. 

2. Defendant was the possessor of the premises located at 4525 E. Berry Street, Fort 

Worth, Texas 76105. 

3. A condition of Defendant's premises posed an unreasonable risk of harm, namely, 

among other things, a wet, slippery substance on the floor on the premises that posed 

a slipping and falling hazard. This posed an inherent risk of harm to Plaintiff and was 

unreasonably dangerous. 

PLAINTIFF'S ORIGINAL PETITION 4 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 7 of 27 PageID 13
4. Defendant knew or reasonably should have known of the danger. Plaintiff was 

unaware of the dangerous condition. Defendant failed to warn Plaintiff of the danger. 

5. Defendant breached the duty of ordinary care by failing to adequately warn Plaintiff 

of the condition or by failing to the condition reasonably safe. 

6. Defendant breached the duty of ordinary care by, among other things: 

(1) Failing to adequately warn Plaintiff and others of the dangerous condition; and 

(2) Failing to make the condition reasonably safe. 

7. Defendant's breach of duty proximately caused injury to Plaintiff. Plaintiff seeks 

damages within the jurisdictional limits of this Court. 

VI. 

DAMAGES 

A. Medicals 

Plaintiff rep leads and reiterates each and every particular of this petition, paragraphs I-V 

alleging further that as a direct and proximate result of the occurrence made the basis of this 

lawsuit, and of Defendant's acts and/or omissions as described herein, Plaintiff, suffered bodily 

injuries and/or aggravation of exacerbations of pre-existing conditions which caused Plaintiff to 

endure anxiety, pain, and illness, resulting in damages more fully set forth herein. 

Furthermore, as a direct and proximate result of the occurrence made the basis of this 

lawsuit, Plaintiff has incurred reasonable medical expenses in the past from at least, the following 

medical providers: 

DFWMRI 

John Peter Smith Hospital 

Medstar Mobile 

Memorial Care Pharmacy 

Radiology Associates ofNorth Texas 

Singleton Associates 

PLAINTIFF'S ORIGINAL PETITION 5 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 8 of 27 PageID 14
Strivant Health 

SW Orthopedics 

Texas Health Harris Methodist 

Texas Injury Clinic 

Texas Medicine Resources 

Texas Pain Institute (Dr. Aggarwall) 

Vertex Pain & Orthopedic 

Well care Health 

These medical providers provided necessary medical treatment to Plaintiff and were 

incurred by Plaintiff for reasonable and necessary medical care and treatment of the injuries 

resulting from the incident complained of herein and such charges were reasonable and were usual 

and customary charges for such services in Tarrant County, Texas and wherever else rendered. 

In addition, Plaintiff will incur reasonable and necessary medical care and expenses which 

will, in all reasonable probability, be incurred in the future, if not, for the balance of Plaintiff's 

natural life. In addition, Plaintiff may require surgery and other medical treatment and costs in the 

future, for which Plaintiff seeks compensation. 

B. Mental Anguish 

Plaintiff rep leads and reiterates each and every particular of this petition, paragraphs I-V 

alleging further that as a result of the injuries sustained, Plaintiff has suffered and sustained mental 

anguish in the past and will continue to sustain same in the future, if not for the balance of 

Plaintiff's natural life. In addition to suffering severe mental anguish, Plaintiff has suffered a loss 

of consortium, love, affection, and companionship, in the past, and in all reasonable probability. 

Plaintiff will continue to suffer for a long time into the future, if not for the balance of Plaintiffs 

natural life, for which Plaintiff seeks compensation. 

By reason of the foregoing injuries and damages, Plaintiffhas been damaged far in excess 

of the minimum jurisdictional limits of the Court. 

PLAINTIFF'S ORIGINAL PETITION 6 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 9 of 27 PageID 15
C. Physical Pain and Suffering 

Plaintiff rep leads and reiterates each and every particular of this petition, paragraphs I-V 

alleging further that as a result of the injuries sustained, Plaintiffhas suffered and sustained 

physical pain and suffering in the past and will continue to sustain same in the future, if not for 

the balance of Plaintiffs natural life. Plaintiff will continue to suffer for a long time into the 

future, if not for the balance of Plaintiffs natural life, for which Plaintiff seeks compensation. 

By reason of the foregoing injuries and damages, Plaintiffhas been damaged far in excess 

of the minimum jurisdictional limits of the Court. 

D. Physical Impairment 

Plaintiffrepleads and reiterates each and every particular of this petition, paragraphs I-V, 

alleging further that as a proximate result of the negligence and acts and/or omissions of the 

Defendant which resulted in the injuries sustained, Plaintiff has suffered and sustained physical 

impairment as a result of the incident made the basis of this lawsuit and will continue to sustain 

same in the future, if not for the balance of Plaintiffs natural life. By reason of the foregoing 

injuries and damages, Plaintiffhas been damaged far in excess of the minimum jurisdiction 

limits of the Court for which Plaintiff seeks compensation. 

VII. 

RULE 193.7 NOTICE 

Pursuant to Rule 193.7 ofthe Texas Rules of Civil Procedure, Plaintiffhereby gives actual 

notice to Defendant that any and all documents produced may be used against the Defendant 

producing the document at any pretrial proceeding and/or at the trial of this matter without the 

necessity of authenticating the documents. 

PLAINTIFF'S ORIGINAL PETITION 7 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 10 of 27 PageID 16
VIII. 

TCRP 47 CLAIM FOR RELIEF 

Plaintiff seeks monetary relief over $250,000 but not more than $1,000,000. 

IX. 

JURY DEMAND 

Plaintiff requests trial by jury. 

X. 

PRAYER 

WHEREFORE, PREMISES CONSIDERED, Plaintiff, Nedra Meredith, respectfully 

prays that Defendant be cited to appear and answer herein, and that upon a final hearing of the 

cause, judgment be entered for Plaintiff against Defendant for damages in an amount within the 

jurisdictional limits of the Court; together with pre-judgment interest at the maximum rate allowed 

by law, post-judgment interest at the legal rate, costs of court, and such other and further relief to 

which Plaintiff may show herself to be justly entitled. 

PLAINTIFF'S ORIGINAL PETITION 

Respectfully submitted, 

By: Is/ Jim R. Ross 

Jim R. Ross 

State BarNo. 24010362 

Joe P. Lopez, IV 

State Bar No. 12566435 

JIM Ross LAW GROUP, P.C. 

2221 E. Lamar Blvd., Suite 800 

Arlington, Texas 76006 

Telephone: 817.275.4100 

Facsimile: 817.549.0236 

Email: jlopez@jimrosslaw.com 

ATTORNEYS FOR PLAINTIFF 

8 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 11 of 27 PageID 17
EXHIBIT 3 

 

Exhibit 3 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 12 of 27 PageID 18
®Wolters Kluwer 

Service of Process Transmittal Summary 

TO: Joe Angulo 

BODEGA LATINA CORPORATION 

14601B LAKEWOOD BLVD 

PARAMOUNT, CA 90723-3602 

RE: Process Served in Texas 

FOR: Fiesta Mart, L.L.C. (Domestic State: TX) 

CT Corporation 

Service of Process Notification 

06/29/2022 

CT Log Number 541830769 

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

TITLE OF ACTION: 

CASE#: 

NATURE OF ACTION: 

PROCESS SERVED ON: 

DATE/METHOD OF SERVICE: 

JURISDICTION SERVED: 

ACTION ITEMS: 

REGISTERED AGENT CONTACT: 

Re: NEDRA MEREDITH// To: Fiesta Mart, L.L.C. 

3483343072 

Personal Injury- Failure to Maintain Premises in a Safe Condition 

C T Corporation System, Dallas, TX 

By Process Server on 06/29/2022 at 01:06 

Texas 

SOP Papers with Transmittal, via UPS Next Day Air 

Image SOP 

Email Notification, Monica Penichet monica.penichet@blcmarkets.com 

Email Notification, Juan Ramos juan.ramos@blcmarkets.com 

C T Corporation System 

1999 Bryan Street 

Suite 900 

Dallas, TX 75201 

866-203-1500 

DeaiTeam@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. 

Page 1 of 1 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 13 of 27 PageID 19
Date: 

Server Name: 

Entity Served 

Case Number 

Jurisdiction 

®~ Wolters Kluwer 

PROCESS SERVER DELIVERY DETAILS 

Wed, Jun 29, 2022 

angela austin 

FIESTA MART, l.l.C. 

348-334307-22 

TX 

Inserts 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 14 of 27 PageID 20
THE STATE OF TEXAS 

DISTRICT COURT, TARRANT COUNTY 

CITATION Cause No. 348-334307-22 

NEDRA MEREDITH 

VS. 

FIESTA MART, LLC 

TO: FIESTA MART LLC 

B/S REG AGENT·CT CORPORATION SYSTEMS 1999 BRYAN ST STE 900 DALLAS, TX 75201-

You said DEFENDANT are nereby commanded to appear by filing a written answer to tne PLAINTIFF'S ORIGINAL PETITION 

&t or before 10 o'clock A.M. of the Monday next after 

tne expiration of 20 days after the date of service nereof before tne 348tn District Court 

,100 N CALHOUN, in and for Tarrant County, Texas, at tne Courtnouse in tne City of Port WOrth, Tarrant County, Texas 

said PLAINTIFF being 

NEDRA MEREDITH 

Filed in said Court on June 27tn, 2022 Against 

FIESTA MART LLC 

Por suit, said suit being numbered 349·334307-22 the nature of wnicn demand is as shown on said 

PLAINTIFF'S ORIGINAL PETITION a copy of wnich accompanies this citation. 

JIM R ROSS 

Attorney for NEDRA MEREDITH Phone No. (817)275-4100 

Address 2221 E LAMAR BLVD STE 800 ARLINGTON, TX 76006 

Thomas A. Wilder , Clerk of the District Court of Tarrant County, Texas. Given under my hand and tne seal 

of said Court, at office in tne City of Fort worth, t:Yis the 2;;;;;:j_~~e, 2022. ((~~ ~§Fl§~ 

----L......=:.;=:...;:::..:::I~~.>,,LJ.~.,.Ff"o::::-.----- •,•·TAftfi4Wti6\INlY,TEXAS ~TALI£ OPEN •• •••.......•••• ·· BY:Ia/Natallolblgpen 

NOf!CE: You !Ia"" boon SU<d. v ... may <mp\0)' .. llliOfDC)'. II )'OU or )'OUriiiiOilley do- ftle 1 wrineu -wet wilh lhl: <ltriL wbo bsuod lbittilaUOD by 10:00 AM. ODiliC Mcmdoy111:011 foiiD"'""s Ill< ex pi filion o! 

twtllly da)'l aner,.... oocn: .. nee~ Ibis oitalimaud IJ'WIIII, • dd11111judgmen1 may be <lkt:u qalml yw. 14 add!lion 10 ftlin& a wriuen- wilh 1111: elerk. yw may be "'"'Ired 10 make lnilial discloswq 

10 lliC Olhu parties ollbit sUI. Thuo di.lclosuft,s a-nDY IIIIISI be mad< 110 lliiCr &boo :!0 daya alb:r )'<01 6Jc JU111- will! lbe Clorlt. filld CUIIIIOfe II fcust..a-..tltlp.CJr1. 

Thomas A. Wilder, Tarrant County District Clerk, 100 N CALHOUN, FORT WORTH TX 76196-0402 

OFFICER'S RETURN *34833430722000004• 

Received this Citation on the ___ day of , __ at ___ o'clock _Ml and executed at 

----------------- witnin the county of , State of at o'clock _M 

on the day ot , __ by delivering to tne within named (Def. I : 

defendDntCsl, a true copy of tnis Citation togetner with the accompanying copy of PLAINTIFF'S ORIGINAL PETITION 

• naving firet endorsed on same the date of delivery. 

Authorized Person/Conetable/Snerift: 

County of --------- ---- State of ____ _ By ---------------------------- Deputy Fees$, ___ _ 

State of ------- County ot ---------------- (Must be verified it served outside the State of Texas) 

Signed and s1110rn to by the said------------------- before me this __ day of 

to certify wnich witness my nand and seal of office 

-----· --

(Seal) 

County of ------------• State of ---------

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 15 of 27 PageID 21
.... 

CITATION 

Cause No. 348-334307-22 

NEDRA MEREDITH 

VS. 

FIESTA MART, LLC 

ISSUED 

This 28th day of June, 2022 

Thomas A. Wilder 

Tarrant County District Oerk 

100 N CALHOUN 

FORT WORTH TX 76196-0402 

By NATALIE THlGPEN Deputy 

JIM R ROSS 

Attorney for: NEDRA MEREDITH 

Phone No. (817)275-4100 

ADDRESS: 2221 E LAMAR BLVD STE 800 

ARLINGTON, TX 76006 

CIVIL LAW 

111mmml~~~m~~~~~~n~l *34833430722000004* 

SERVICE FEES NOT COLLECTED 

BY TARRANT COUNTY DISTRICT CLERK 

ORIGINAL 

N« a ~wx~( 

~ ~ ~ gt 0 c t; ~.! 

~i~~i ~~0~~ 

-' :< 0 

·..:-"0 j ·~~·· 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 16 of 27 PageID 22
EXHIBIT 4 

 

Exhibit 4 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 17 of 27 PageID 23
DEFENDANT FIESTA MART L.L.C.’S ORIGINAL ANSWER AND SPECIAL EXCEPTION Page 1 of 5

CAUSE NO. 348-334307-22

NEDRA MEREDITH, § IN THE DISTRICT COURT

Plaintiff, §

§

vs. § 348TH JUDICIAL DISTRICT

§

FIESTA MART, L.L.C., §

Defendant. § TARRANT COUNTY, TEXAS

DEFENDANT FIESTA MART, L.L.C.’S ORIGINAL ANSWER AND SPECIAL EXCEPTION

TO THE HONORABLE JUDGE OF SAID COURT:

Defendant Fiesta Mart L.L.C., (“Defendant”) hereby files its Original Answer and Special 

Exception to Plaintiff’s Original Petition and, in support thereof, states as follows:

I.

GENERAL DENIAL

Defendant denies each and every material allegation in Plaintiff’s Original Petition, 

demands strict proof thereof, and to the extent that such matters are questions of fact, says 

Plaintiff should prove such facts by a preponderance of the evidence to a jury if she can so do.

II.

DEFENSES AND LIMITATIONS ON DAMAGES AND LIABILITY

1. Defendant specifically denies Plaintiff’s claims that it was negligent and/or that its 

alleged acts or omissions proximately caused Plaintiff’s alleged damages.

2. Pleading further, Defendant claims that Plaintiff failed to use a degree of care and 

caution as would have been used by a reasonable person under the same or similar 

circumstances, thereby producing or proximately causing or contributing to cause her injuries 

and damages, if any. Such acts or omissions of Plaintiff were the sole and/or a producing and/or 

a proximate cause of Plaintiff’s damages or injuries, if any.

348-334307-22 FILED

TARRANT COUNTY

7/15/2022 3:50 PM

THOMAS A. WILDER

DISTRICT CLERK

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 18 of 27 PageID 24
DEFENDANT FIESTA MART L.L.C.’S ORIGINAL ANSWER AND SPECIAL EXCEPTION Page 2 of 5

3. Defendant alleges that Plaintiff’s alleged damages or injuries, if any, were caused 

by the acts of third persons not under the control of Defendant. Such acts or omissions of said 

third persons were the sole and/or a producing and/or a proximate cause of Plaintiff’s alleged 

damages or injuries, if any.

4. To the extent necessary, Defendant would show that the accident complained of 

was an unavoidable accident, as that term is known in law.

5. Defendant further claims that it had neither actual nor constructive knowledge of 

the allegedly hazardous condition about which Plaintiff complains, and that in any event, the 

alleged hazard was not “unreasonably dangerous.”

6. Pleading further and in the alternative, Defendant claims that the premises 

condition asserted by Plaintiff in her Original Petition was known to Plaintiff, was open and 

obvious, and/or was not concealed from Plaintiff and, therefore, Defendant denies that it owed 

any duty to warn Plaintiff of the alleged premises condition or protect her from it.

7. Defendant states that Plaintiff’s alleged damages complained of, if any, may be 

the result of prior or pre-existing injuries, accidents or conditions, and said prior or pre-existing 

injuries, accidents or conditions, if any, would be the sole and/or a contributing cause of Plaintiff’s 

damages alleged against Defendant.

8. Defendant states that Plaintiff’s alleged damages complained of, if any, may be 

the result of subsequent and unrelated injuries, accidents or conditions, and said injuries, 

accidents or conditions, if any, would be new and intervening, sole and/or a contributing cause(s)

of Plaintiff’s damages alleged against Defendant.

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 19 of 27 PageID 25
DEFENDANT FIESTA MART L.L.C.’S ORIGINAL ANSWER AND SPECIAL EXCEPTION Page 3 of 5

9. Defendant claims that Plaintiff may be malingering and exaggerating the nature 

and severity of her alleged injuries in order to continue treatment and/or inflate damages, and 

accordingly, Defendant contends that Plaintiff’s treatment may not be medically necessary or 

reasonable.

10. Defendant further contends that Plaintiff may have breached her duty to mitigate 

damages by failing to exercise reasonable care and diligence to avoid loss and minimize the 

consequences of her alleged damages.

11. Defendant contends that, pursuant to § 18.091 of the Texas Civil Practice & 

Remedies Code, to the extent 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 this alleged loss 

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.

12. Defendant contends that any claims for medical or health care expenses incurred 

is limited to the amount actually paid or incurred by or on behalf of Plaintiff, pursuant to Texas 

Civil Practice and Remedies Code § 41.0105.

13. Defendant states that, in the unlikely event an adverse judgment would be 

rendered against it in this matter, Defendant would 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.

III.

SPECIAL EXCEPTION

Further answering herein, Defendant objects and specially excepts to the section of 

Plaintiff’s Original Petition titled “Rule 193.7 Notice,” which improperly attempts to invoke Rule 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 20 of 27 PageID 26
DEFENDANT FIESTA MART L.L.C.’S ORIGINAL ANSWER AND SPECIAL EXCEPTION Page 4 of 5

193.7 of the Texas Rules of Civil Procedure. Specifically, paragraph VII states that “Pursuant to 

Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives actual notice to Defendant 

that any and all documents produced may be used against the Defendant producing the 

document at any pretrial proceeding and/or at the trial of this matter without the necessity of 

authenticating the documents.” 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, Rule 193.7 requires more than a mere blanket statement that all documents 

produced in discovery will be authenticated against the producing party. Such a blanket 

statement not only fails to satisfy the requirements of Rule 193.7, but it also places an 

unreasonable burden upon Defendant to review all documents it produces and prophylactically 

render objections regarding the authenticity of said documents. Therefore, Defendant requests 

that the Court strike the section of Plaintiffs’ Original Petition entitled “Rule 193.7 Notice” in its

entirety.

IV.

REQUEST FOR COURT REPORTER

Defendant respectfully requests that a court reporter be present at all proceedings before 

this Honorable Court.

1 TEX. R. CIV. P. 193.7 (2021) (emphasis added).

2

Id., cmt. 7 (emphasis added).

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 21 of 27 PageID 27
DEFENDANT FIESTA MART L.L.C.’S ORIGINAL ANSWER AND SPECIAL EXCEPTION Page 5 of 5

V.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant Fiesta Mart L.L.C., respectfully prays 

that Plaintiff take nothing by this cause of action, that Defendant be permitted to recover the 

costs expended on its behalf, and for such other and further relief to which Defendant may show 

itself justly entitled, both at law and in equity.

Respectfully submitted,

/s/ Hope Zimlich Miranda

B. Kyle Briscoe

State Bar No. 24069421

kbriscoe@peavlerbriscoe.com

Hope Zimlich Miranda

State Bar No. 24084146

hmiranda@peavlerbriscoe.com

PEAVLER | BRISCOE

2215 Westgate Plaza

Grapevine, Texas 76051

(214) 999-0550 (telephone)

(214) 999-0551 (facsimile)

ATTORNEYS FOR DEFENDANT FIESTA MART, L.L.C

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 July 15, 2022.

/s/ Hope Zimlich Miranda

Hope Zimlich Miranda

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 22 of 27 PageID 28
EXHIBIT 5 

 

Exhibit 5 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 23 of 27 PageID 29
 

AFFIDAVIT OF MICHAEL SALTZSTEIN 

STATE 0 F California § 

§ 

COUNTY OF Los Angeles § 

BEFORE ME, the undersigned authority, on this day personally appeared 

Michael Saltzstein ("Affiant"), who being by me first duly sworn, stated the 

following under oath: 

1. "My name is Michael Saltzstein. I am over twenty-one years of age, of sound 

mind, have never been convicted of a felony or crime of moral turpitude, and 

am otherwise qualified to make this affidavit. 

2. My job title is Senior Director and Head of Risk Management for Bodega 

Latina Corp. and the facts stated herein are based on my personal knowledge 

obtained in that capacity. I have been authorized by Bodega Latina Corp. and 

Fiesta Mart, LLC to make this statement on their behalf. I am familiar with 

the corporate structures of Bodega Latina Corp. and Fiesta Mart, LLC in my 

capacity as Head of Risk Management for Bodega Latina Corp. 

3. Defendant Fiesta Mart, LLC is wholly owned by, and a subsidiary of, Bodega 

Latina Corp. Defendant Fiesta Mart, LLC is a limited liability company with 

a sole member, Bodega Latina Corp. Bodega Latina Corp. is incorporated in 

Delaware and maintains its principal place of business in California." 

The affiant says nothing further. 

Subscribed and sworn to before me on !lp1il I ' 2020. 

~-···········l SONIA ESMERALDA TORRES 

: @/ ·'':"' ~ Notary Public - California : ~ ~ ·:· Los Angeles County ~ z .. :; Commission • 2192073 

' My Comm. Expires May 12, 2021 My commission expires: 1rJar /"J...r U>ZI 

Notary Stamp 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 24 of 27 PageID 30
EXHIBIT 6 

 

Exhibit 6 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 25 of 27 PageID 31
CALIFORNIA JURAT GOVERNMENT CODE § 8202 

A notary public or other officer completing this certificate verifies only the identity of the individual who signed 

the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 

State of California 

county of LJJ.5 BntJ:dea 

Place Notary Seal and/or Stomp Above 

Subscribed and sworn to (or affirmed) before me on 

this _ __._{ _ day of <. Nrlf.../ ' 20 ~"'b . by 

Dote Month Year 

(and (2) ______________ --), 

Nome(s) of Signer(s) 

proved to me on the basis of satisfactory evidence to 

be the person(s) who appeared before me. 

Signature 

,------------------------------- OPTIONAL ------------------------------. 

Completing this information con deter alteration of the document or 

fraudulent reattachment of this form to on unintended document. 

Description of Attached Document 

Title or Type of Document: --------------------------- -

Document Date:-- ----------------Number of Pages:-------

Signer(s) Other Than Named Above:-------------------------

~l&®Il@g~~'llill$1l~:mij~m:IJ~:®l3~~-~~!l®lM!®mB~!Il!'J~'W~~ 

©2019 National Notary Association 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 26 of 27 PageID 32
AFFIDAVIT OF JORGE DELTORO 

STATE OF _ _ _ _ __ _ 

COUNTY OF _ _ _ _ _ _ 

§ 

§ 

§ 

BEFORE ME, the undersigned authority, on this day personally appeared Jorge Del Toro 

("Affiant"), who being by me first duly sworn, stated the following under oath: 

1. "My name is Jorge DelToro. I am over twenty-one years of age, of sound mind, have 

never been convicted of a felony or crime of moral turpitude, and am otherwise 

qualified to make this affidavit. 

2. My job title is General Liability Manager for Bodega Latina Corp. and the facts stated 

herein are based on my personal knowledge obtained in that capacity. I have been 

authorized by Bodega Latina Corp. and Fiesta Mart, LLC to make this statement on 

their behalf. I am familiar with the corporate structures of Bodega Latina Corp. and 

Fiesta Mart, LLC in my capacity as General Liability Manager for Bodega Latina Corp. 

3. Defendant Fiesta Mart, LLC is wholly owned by, and a subsidiary of, Bodega Latina 

Corp. Defendant Fiesta Mart, LLC is a limited liability company with a sole member, 

Bodega Latina Corp. Bodega Latina Corp. is incorporated in Delaware and maintains 

its principal place of business in California." 

The affiant says nothing further. 

Jorge Del Toro 

My commission expires: ______ _ 

AFFIDAVIT OF JORGE DELTORO SOLO PAGE 

Case 4:22-cv-00652-O Document 1-2 Filed 07/29/22 Page 27 of 27 PageID 33