INDEX OF STATE COURT DOCUMENTS PAGE 1 OF 17

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SANDRA LOYOLA

PLAINTIFF,

v.

WALMART, INC., Individually and/

or d/b/a WALMART

SUPERCENTER #4503, WAL-MART

STORES TEXAS, LLC, Individually

and/or d/b/a WALMART

SUPERCENTER #4503, WAL-MART

REALTY COMPANY, Individually

and/or d/b/a WALMART

SUPERCENTER #4503, WAL-MART

ASSOCIATES, INC., Individually

and/or d/b/a WALMART

SUPERCENTER #4503 , WALMART

REAL ESTATE BUSINESS

TRUST, Individually and/or d/b/a

WALMART SUPERCENTER #4503

and EDWARD TAFOYA,

DEFENDANTS.

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

 

CIVIL ACTION NO. _______________

INDEX OF STATE COURT PLEADINGS AND FILING DATES

TAB DOCUMENT DATE

1. State Court Docket Sheet of the 95th Judicial District, Dallas, County 

Texas for Cause No. DC-22-06210

08/04/2022

2. Plaintiff’s Original Petition 06/09/2022

3. Citation Issued for Wal-Mart Stores Texas, LLC Individually and/or 

d/b/a Walmart Supercenter #4530

06/23/222

4. Citation Issued for Wal-Mart Real Estate Business Trust Individually 

and/or d/b/a Walmart Supercenter #4530

06/23/2022

5. Citation Issued for Walmart Inc. Individually and/or d/b/a Walmart 

Supercenter #4530

06/23/2022

6. Citation Issued for Edward Tafoya 06/23/2022

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 1 of 72 PageID 12
INDEX OF STATE COURT DOCUMENTS PAGE 2 OF 17

7. Citation Issued Walmart Associates Inc., Individually and/or d/b/a 

Walmart Supercenter #4530

06/23/2022

8. Citation Issued Walmart Realty Company, Individually and/or d/b/a 

Walmart Supercenter #4530

06/23/2022

9. Executed Citation Walmart Associates Inc., Individually and/or d/b/a 

Walmart Supercenter #4530

07/11/2022

10. Executed Citation Walmart Realty Company, Individually and/or 

d/b/a Walmart Supercenter #4530

07/11/2022

11. Executed Citation Wal-Mart Stores Texas, LLC Individually and/or 

d/b/a Walmart Supercenter #4530

07/11/2022

12. Executed Citation Walmart Inc. Individually and/or d/b/a Walmart 

Supercenter #4530

07/11/2022

13. Executed Citation Wal-Mart Real Estate Business Trust Individually 

and/or d/b/a Walmart Supercenter #4530

07/11/2022

14. Wal-Mart’s Original Answer 08/02/2022

15. Demand for Jury 08/02/2022

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 2 of 72 PageID 13
TAB NO. 1

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 3 of 72 PageID 14
Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 4 of 72 PageID 15
Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 5 of 72 PageID 16
Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 6 of 72 PageID 17
Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 7 of 72 PageID 18
Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 8 of 72 PageID 19
Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 9 of 72 PageID 20
Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 10 of 72 PageID 21
TAB NO. 2

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 11 of 72 PageID 22
FILED CIT ESERVE 6/9/2022 9:24 AM

FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS

Stephanie Clark DEPUTY DC-22-0621 CAUSE NO.

SANDRA LOYOLA

Plaintiff,

IN THE DISTRICT COURT

WALMART, INC., Individually and/ or d/b/a WALMART

SUPERCENTER #4503, WAL-MART

STORES TEXAS, LLC, Individually and/0r d/b/a WALMART

SUPERCENTER #4503, WAL-MART REALTY COMPANY, Individually and/or d/b/a WALMART

SUPERCENTER #4503, WAL-MART ASSOCIATES, INC., Individually and/0r d/b/a WALMART SUPERCENTER #4503 WAL- MART REAL ESTATE BUSINESS TRUST, Individually and/0r d/b/a WALMART SUPERCENTER #4503 and EDWARD TAFOYA, Defendants.

95th

JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Plaintiff and for cause of action would show the Court as follows:

1. DISCOVERY CONTROL PLAN

1.01 Plaintiff intends for this lawsuit to be controlled by Discovery Control Plan, Level 3,

Texas Rules of Civil Procedure.

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 12 of 72 PageID 23
2. PARTIES

2.01 Plaintiff is resident of Texas. The last three digits of her social security are 148 and the

last three digits of her Texas driver’s license are 331.

2.02 Defendant WALMART, INC., Individually and/or D/B/A WALMART SUPERCENTER

#4503 is foreign corporation which at all times conducted business in the State of Texas and is

subject

to jurisdiction in Texas as it has committed tort in Texas. Said Defendant may be served

Via private process server, through its registered agentfor service as follows: CT Corporation

System, 1999 Bryan St., Ste. 900, Dallas, Texas 75201. Issuance of citation is reguested at this m.

2.03 Defendant WAL-MART STORES TEXAS, LLC, Individually and/or D/B/A WALMART

SUPERCENTER #4503 is foreign for-profit Limited Liability Company authorized to conduct

business in the State of Texas and is subjectto jurisdiction in Texas as it has committed tort in

Texas. Said Defendant may be served via private process server, through its registered agent for

service as follows: CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, Texas 75201.

Issuance of citation is reguested at this time.

2.04 Defendant WAL-MART REALTY COMPANY, Individually and/or D/B/A WALMART

SUPERCENTER #4503 is foreign corporation which at all times conducted business in the

State of Texas and is subjectto jurisdiction in Texas as it has committed tort in Texas. Said

Defendant may be served via private process server, through its registered agentfor service as

follows: CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, Texas 75201. Issuance of

citation is reguested at this time.

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 13 of 72 PageID 24
2.05 Defendant WAL-MART ASSOCIATES, INC., Individually and/or D/B/A WALMART

SUPERCENTER #4503 is foreign corporation which at all times conducted business in the

State of Texas and is subjectto jurisdiction in Texas as it has committed tort in Texas. Said

Defendant may be served Via private process server, through its registered agentfor service as

follows: CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, Texas 75201. Issuance of

citation is reguested at this time.

2.06 Defendant WAL-MART REAL ESTATE BUSINESS TRUST, Individually and/or D/B/A WALMART SUPERCENTER #4503 is foreign corporation which at all times conducted

business in the State of Texas and is subjectto jurisdiction in Texas as it has committed tort in

Texas. Said Defendant may be served via private process server, through its registered agentfor

service as follows: CT Corporation System, 1999 Bryan St., Ste. 900, Dallas, Texas 75201.

Issuance of citation is requested at this time.

2.07 Defendant EDWARD TAFOYA,is an individual who is resident of Texas. He may be

served via private process server at his place of business: Walmart Supercenter #4503, 2650 S.

State Highway 161, Grand Prairie, TX 75052. Issuance of citation is reguested at this time.

3. VENUE AND JURISDICTION

3.01 Venue is properin Dallas County, Texas, pursuantto §15.002 et. seq. of the Texas Civil

Practices Remedies Code in that the collision made the basis ofthis lawsuit occurred in Dallas

County. This Court has jurisdiction over this lawsuit as the amounts sought herein are within the

jurisdictional

limits of this Court. While the amount of damagesto be awarded will be the

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 14 of 72 PageID 25
decision made by jury of Plaintiff’s peers, to comply with T.R.C.P. 47, as revised, Plaintiff

states that damages sought are pursuantto Rule 47(c)(4). Plaintiff seeks monetary relief over

$1,000,000 and judgment

for all the other relief to which Plaintiff may be

entitled.

BACKGROUND FACTS

4.01 On JUNE 10, 2020, Plaintiff was lawfully on the premises of the Walmart Supercenter

#4503 located at 2650 S. State Highway 161, Grand Prairie, TX 75052 as customer and/or

invitee when on said premisesshe stepped upon wet/slippery and/or otherwise unsafe/

improperly maintained floor and fell. As result of Defendants' negligent acts, including but not

limited to, its failure to maintain safe floor provided to customers on the premises

in safe

condition; to adequately warn the public of the unsafe condition existing on the premises; and

negligently maintaining the subject premises floor, and as stated herein below, Plaintiff sustained

serious, debilitating and long-term/life long catastrophic injuries.

4.02 At all relevant times, Plaintiff was free from any contributory negligence.

4.03 Because Defendants were in exclusive control over the premises at the time of this injury,

Plaintiff relies on the doctrine of res ipsa loquitur

in that Plaintiff will show that the character of

the occurrence giving rise to this litigation is such that it would not have happened in the absence

of negligence, and that the maintenance and safety of the facility was within the exclusive

control of the Defendants at the time of the negligence occurred.

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 15 of 72 PageID 26
5. CAUSES OFACTION

COUNT I: NEGLIGENCE OF DEFENDANTS

5.01 Defendants' had duty to exercise the degree of care that reasonably careful business

would use to avoid harm to others under circumstances similar to those described herein.

Plaintiffs injuries were proximately caused by Defendants' negligent, careless, and reckless

disregard of said duty. The negligent, careless, and reckless disregard of Defendants' conduct

consisted of, but is not limited to, the following acts and omissions:

A. Defendants failed to keep properlookout for Plaintiffs

safety that would have been maintained by business exercising ordinary prudence under the same similar

circumstances;

B. Defendants failed to maintain the flooring, in condition

as business exercising ordinary prudent under the same or similar circumstances would have;

C. Defendants failed to instruct its employeesto warn the public of wet/slipper and/or unsafe flooring area in way

that business exercising ordinary prudent care would

have done;

D. Defendants failed to post signs warning of the unreasonable danger as business exercising ordinary prudent care would have done under the same or similar

circumstances;

E. Defendants failed to hire and train its employees and/or contractors regarding proper safety protocols when

causing dangerous condition on the premises, as business exercising ordinary prudent under the same or similar circumstances would have;

F. Defendants failed to instruct its employees and/or

contractors to properly warn patrons of the potential danger, as business exercising ordinary prudent under

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 16 of 72 PageID 27
the same or similar circumstances would have; and

G. Defendants failed to monitor and supervise its employees and/or contractors to properly maintain the flooring as business exercising ordinary care would have done.

5.02 Each of the foregoing acts and omissions, singularly or in combination with others,

constitute negligence which proximately caused Plaintiff’s damages alleged herein.

COUNT II: PREMISES LIABILITY

5.03 Defendants owned, operated, managed or were in control of the property

in question.

Defendants knew or should have known that Plaintiff, or someone similarly situated to the

Plaintiff, would be licensee or invitee on the premises, and as such, had duty to the Plaintiff.

Defendants breached their duty by failing to refrain from injuring Plaintiff willfully, wantonly or

through gross negligence; Defendants breached their duty by allowing an unsafe condition to

exist that, through the exercise of ordinary care, was known or should have been known;

Defendants breached their duty by failing to warn Plaintiff of an unsafe condition existing on

their property; Defendants breached their duty by failing to properly maintain the floors on the

premises; Defendants breached their duty by failing to keep the premises reasonably safe;

Defendants breached their duty by failing to exercise ordinary care; Defendants breached their

duty by failing to inspect

the flooring provided to customers on the premisesto discover latent

defects; Defendants breached their duty by failing to reduce or eliminate and unreasonable risk of

harm on the premises; and as result Plaintiff was caused to encounter an unreasonable risk of

harm/injury and proximately caused to sustain injuries to her body as alleged herein.

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 17 of 72 PageID 28
5.04 Each of the foregoing acts and omissions, singularly or in combination with others,

constitute negligence which proximately caused Plaintiff’s damages alleged herein.

COUNT III: NEGLIGENT HIRING TRAINING AND/OR SUPERVISION

5.05 Defendants' had duty to exercise the degree of care that reasonably careful

business would use to avoid harm to others under circumstances similar to those described herein.

Defendants had legal duty to hire, train and supervise competent employees and/or

contractors and agents. Defendants breached that duty when defendant negligently hired, trained

and supervised employees and/or contractors who were responsible for servicing and

maintaining the equipment

in question causing Plaintiff to fall. Plaintiffs injuries were

proximately caused by Defendants' negligent, careless, and reckless disregard of said duty.

5.06 Each of the foregoing acts and omissions, singularly or in combination with others,

constitute negligence which proximately caused Plaintiff’s damages alleged herein.

COUNT IV: GROSS NEGLIGENCE

5.07 Defendants' acts and/or omissions as described above were such an entire want of care

that said acts and/or omissions were the result of actual conscious indifference to the rights,

safety, and/or welfare of Plaintiff.

6. DAMAGES

6.01 As proximate cause of the negligence ofDefendants, as alleged above, Plaintiff suffered

bodily injuries. Plaintiff seeks to recover the following damages:

a. Physical pain and sufiefing in the past;

b. Physical pain and sufiefing in the future;

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 18 of 72 PageID 29
c. Mental anguish in the past;

d. Mental anguish in the future;

e. Physical impairment

in the past;

f. Physical impairment

in the future;

g. Reasonable and necessary medical care and expenses

in the past; and

h. Reasonable and necessary medical care and expenses

in the future;

i. Lost income and/or diminished earning capacity

in the past;

j. Lost income and/or diminished earning capacity

in the future.

6.02 Accordingly, Plaintiff seeks recovery for these actual damages as described above against

Defendant for an amount in excess of the minimum jurisdictionallimits ofthis Court.

7. INTEREST

7.01 Plaintiff seeks to recover both pre- and post-judgmentinterest at the highest rates allowed

by law.

8. RE! QUEST FOR JURY TRIAL

8.01 Pursuant to Rule 216, TEXAS RULES 0F CIVIL PROCEDURE, Plaintiff requeststrial by

jury9. NOTICE 0F INTENT

9.01 Plaintiff hereby gives notice ofintent to utilize any and all items produced in discovery

in the trial of this matter and the authenticity of such items is self-proven perthe Texas Rules of

Civil Procedure 193.7.

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 19 of 72 PageID 30
10.

10.01 Plaintiff prays that Defendants be cited to appear and answer herein, and that upon final

determination of these causes of action, Plaintiff receive judgment against Defendants, jointly

and/or severally, awarding Plaintiff as follows:

a. Actual damages alleged herein, in an amount in excess of the minimal

jurisdictional

limits of this Court;

b. Pre-judgmentinterest as provided by law;

c. Post-judgmentinterest as provided by law;

d. Costs of court; and

e. Such other and further relief, at law or in equity, to which Plaintiff may show to be justly entitled.

Respectfully submitted,

THE RIVERos LAW FIRM, PLLC

flfi

GABRIEL A. RIVEROS

State Bar No.: 24068864

1925 E. Belt Line Road, Suite 420 Carrollton, TX 75006 Ph. 214-385-6607

Fax 214-593-3628 ATTORNEY FOR PLAINTIFF

gabriel@riveroslawfirm.com

PLAINTIFF’S ORIGINAL PETITION Page of

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 20 of 72 PageID 31
TAB NO. 3

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 21 of 72 PageID 32
FORM N0. 353—3—CITAT10N THE STATE OF TEXAS

To: WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND /OR D/B/A WALMART SUPERCENTER# 4530 BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration oftwenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND /OR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL—MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC-22—06210 the nature ofwhich demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day 0f June, 2022

ATTEST: FELICIA PITRE, Clerk of the District Courts of Dallas County, Texas

By all GAY LANE Deputy

ESERVE CITATION

N0.: DC-22-06210

SANDRA LOVOLA

v_8- WALMART INC. et al

IssfiED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

.v'w

k\

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 22 of 72 PageID 33
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC, et a1

Came to hand on the day of 20 at o‘clock .M. Executed at within the County of at o'clock .M. on the day of 20 by delivering to the within named

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas.) Sigied and sworn to by the said before me this day of

20 to certify which witness my hand and seal of office.

Notary Public County

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 23 of 72 PageID 34
TAB NO. 4

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 24 of 72 PageID 35
FORM N0. 353—3—CITAT10N THE STATE OF TEXAS

To: WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND /OR D/B/A WALMART SUPERCENTER# 4530 BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration oftwenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND /OR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL—MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC-22—06210 the nature ofwhich demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day 0f June, 2022

ATTEST: FELICIA PITRE, Clerk of the District Courts of Dallas County, Texas

By all GAY LANE Deputy

ESERVE CITATION

N0.: DC-22-06210

SANDRA LOVOLA

v_8- WALMART INC. et al

IssfiED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

.v'w

k\

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 25 of 72 PageID 36
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC, et a1

Came to hand on the day of 20 at o‘clock .M. Executed at within the County of at o'clock .M. on the day of 20 by delivering to the within named

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas.) Sigied and sworn to by the said before me this day of

20 to certify which witness my hand and seal of office.

Notary Public County

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 26 of 72 PageID 37
TAB NO. 5

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 27 of 72 PageID 38
FORM N0. 353—3—CITAT10N THE STATE OF TEXAS

To: WALMART INC. INDIVIDUALLY AND OR D/B/A WALMART SUPERCENTER #4530 BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration oftwenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND IOR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL-MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC-22—06210 the nature ofwhich demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office 0n this the 23rd day of June, 2022

ATTEST: FELICIA PITRE, Clerk of the District Courts of Dallas County, Texas

.f By

lj GAY LANE Deputy

ESERVE CITATION

N0.: DC-22-06210

SANDRA LOVOLA

v_8- WALMART INC. et al

IssfJED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

....“I“

.u

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 28 of 72 PageID 39
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC, et a1

Came to hand on the day of 20 at o‘clock .M. Executed at within the County of at o'clock .M. on the day of 20 by delivering to the within named

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas.) Sigied and sworn to by the said before me this day of

20 to certify which witness my hand and seal of office.

Notary Public County

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 29 of 72 PageID 40
TAB NO. 6

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 30 of 72 PageID 41
FORM NO. 353-3—CITATION THE STATE OF TEXAS

To: EDWARD TAFOYA

2650 STATE HIGHWAY 161 GRAND PRAIRIE TX 75052 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration oftwenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND IOR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL—MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC-22—06210 the nature ofwhich demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICM PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day 0f June, 2022

ATTEST: FELICLA PITRE, Clerk of the District Courts of Dallas County, Texas

By 331 GAY LANE Deputy

ESERVE CITATION

No.: DC-22-06210

SANDRA LOVOLA

Ls. WALMART INC. et a1

IssfJED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 31 of 72 PageID 42
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC, et a1

Came to hand on the day of 20 at o‘clock .M. Executed at within the County of at o'clock .M. on the day of 20 by delivering to the within named

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas.) Sigied and sworn to by the said before me this day of

20 to certify which witness my hand and seal of office.

Notary Public County

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 32 of 72 PageID 43
TAB NO. 7

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 33 of 72 PageID 44
FORM N0. 353—3—CITAT10N THE STATE OF TEXAS

To: WALMART ASSOCIATES INC, INDIVIDUALLY AND OR D/B/A WALMART SUPERCENTER #4530 BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration oftwenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 3O days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND /OR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL—MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC-22—06210, the nature ofwhich demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. Ifthis citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day 0f June, 2022

ATTEST: FELICIA PITRE, Clerk of the District Courts of Dallas County, Texas

ByGAY LANE Deputy

ESERVE CITATION

N0.: DC-22-06210

SANDRA LOVOLA

v_8- WALMART INC. et al

IssfiED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 34 of 72 PageID 45
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC, et a1

Came to hand on the day of 20 at o'clock .M. Executed at Within the County of at o'clock .M. on the day of 20 by delivering to the within named

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas.) Sigied and sworn to by the said before me this day of

20 to certify which witness my hand and seal of office.

Notary Public County

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 35 of 72 PageID 46
TAB NO. 8

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 36 of 72 PageID 47
FORM N0. 353—3—CITAT10N THE STATE OF TEXAS

To: WALMART REALTY COMPANY, INDIVIDUALLY AND OR D/B/A WALMART SUPERCENTER #4530 BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration oftwenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 3O days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND /OR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL—MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC-22—06210, the nature ofwhich demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. Ifthis citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day 0f June, 2022

ATTEST: FELICIA PITRE, Clerk of the District Courts of Dallas County, Texas

ByGAY LANE Deputy

ESERVE CITATION

N0.: DC-22-06210

SANDRA LOVOLA

v_8- WALMART INC. et al

IssfiED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 37 of 72 PageID 48
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC, et a1

Came to hand on the day of 20 at o'clock .M. Executed at Within the County of at o'clock .M. on the day of 20 by delivering to the within named

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation

For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas.) Sigied and sworn to by the said before me this day of

20 to certify which witness my hand and seal of office.

Notary Public County

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 38 of 72 PageID 49
TAB NO. 9

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 39 of 72 PageID 50
FORM N0. 353—3—CITATION THE STATE OF TEXAS

To: WALMART ASSOCIATES INC, INDIVIDUALLY AND 0R D/B/A WALMART SUPERCENTER #4530 BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration oftwenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ 0R D/B/A WALMART SUPERCENTER #4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND IOR DfB/A WALMART

SUPERCENTER# 4530; WAL—MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL—MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ 0R D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC—22—06210, the nature of which demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy of which accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day of June, 2022 ATTEST: FELICIA PITRE, Clerk of the District Courts ofDallas County, Texas

By i1 Deputy GAY LANE

FILED

7/11/2022 5:05 PM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS ESERVE SADAF RAJPUT DEPUTY CITATION

No.: DC-22-06210

SANDRA LOYOLA

V_5- WALMART, INC., et al

IssfiED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

W’ weat|~:§.:3

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 40 of 72 PageID 51
OFFICER'S RETURN

Cause No. DC-22-O6210

Court No.: 95th District Court

Style: SANDRA LOYOLA

VS. WALMART, INC., et a1

Came to hand on the Pl, day of 3M» 20 22 at 6100 o‘clock .M.

Executed at 144‘? 5% dggfig

within the County of at

25" o'clock .M. on the 5— day of 20 319'

by delivering

the within named

to

35M

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which

witness my hand.

For serving Citation M33 “75’

For mileage of County,

For Notary By Deputy

(Must be verified if served outside the State of Texas.)

Signed and sworn to by the said Pfi’fit LAQ lift\Md before me this day of W3,

20 to certify which witness my hand and seal of office.

ti mm a; ‘m «lam/o NotfiyfiublicmmCounty

CARRIE MICHELLE DEAN

_Notary Public. State of Texas Comm. Expires 02-01-2026 Nam ID 133563213 WV

'3‘!

"Iéér

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 41 of 72 PageID 52
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

certificate of service that complies with all applicable rules.

Envelope ID: 66209938

Status as of 7/13/2022 9:53 AM CST

Associated Case Party: SANDRA LOYOLA

Name BarNumber Email TimestampSubmitted Status GABRIELA RIVEROS gabriel@riveroslawfirm.com 7/11/2022 5:05:08 PM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 42 of 72 PageID 53
TAB NO. 10

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 43 of 72 PageID 54
FORM N0. 353-3—CITAT10N THE STATE OF TEXAS

To: WALMART REALTY COMPANY, INDIVIDUALLY AND OR D/B/A WALMART SUPERCENTER #4530 BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ

an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the

expiration oftwenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties 0f this suit. These disclosures generally must be made no later than 3O days after you file your answer with the clerk. Find out more at

TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL—MART STORES TEXAS, LLC INDIVIDUALLY AND /OR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL-MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL—MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC—22-06210, the nature of which demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day of June, 2022

ATTEST: ELICIA PITRE, Clerk of the District Courts ofDallas County, Texas

By

Pl Deputy GAY LANE

FILED

7/11/2022 5:10 PM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS ESERVE SADAF RAJPUT DEPUTY CITATION

No.: DC-22-06210

SANDRA LOYOLA

3m WALMART, INC, et a1

IssfiED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

*7:

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 44 of 72 PageID 55
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC, et a1

Came to hand on the ‘9’ day of TUNA: 20 ’27! at ‘. 00 o'clock .M.

Executed at A??? é: Within the County of at

150 o'clock .M. on the 6’ day of 20 261-

by delivering

the within named

to

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my

fees are as follows: To certify which

witness my hand.

ForservingCitation

For mileage of County,

For Notary By Deputy

(Must be verified if served outside the State of Texas.)

Signed and sworn to by the said ”9031] Km) fin} 5119 (h before me this WW day of MA

20 to certify which witness my hand and seal of office.

000016 WW“ 0102 v"\ Notary Pubhc Q” County

WJLWM #633 9“?!)

“$11330, CARRIE MICHELLE DEAN

$352: Notary Public. State of Texas

“43?“: Comm. Expires 02-01-2026

"OF Nam ID 133563213

"m m“

n.

’3'

’1

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 45 of 72 PageID 56
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

certificate of service that complies with all applicable rules.

Envelope ID: 66210258

Status as of 7/13/2022 9:55 AM CST

Associated Case Party: SANDRA LOYOLA

Name BarNumber Email TimestampSubmitted Status GABRIELA RIVEROS gabriel@riveroslawfirm.com 7/11/2022 5:10:00 PM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 46 of 72 PageID 57
TAB NO. 11

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 47 of 72 PageID 58
FORM N0. 353-3—CITAT10N THE STATE OF TEXAS

To: WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND IOR D/B/A WALMART SUPERCENTER# 4530 BY SERVING [TS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration oftwenty days after you were served this citation and petition, default

judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL—MART STORES TEXAS, LLC INDIVIDUALLY AND /OR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL-MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC-22-06210, the nature of which demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day of June, 2022 ATTEST: FELICIA PITRE, Clerk of the District Courts ofDallas County, Texas

By l1 Deputy GAY LANE

FILED

7/11/2022 5:14 PM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS ESERVE SADAF RAJPUT DEPUTY CITATION

No.: DC-22-06210

SANDRA LOYOLA

vs. WALMART,INC, et al

IssfiED

on this the 23rd day ofJune, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

$\. 3":

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 48 of 72 PageID 59
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC., et a1

Came to hand on the [3" day of jUU‘W 20 27, at 5‘. 06 o'clock l9 .M. Executed at (444 £1: within the County of at 715—0_ o'clock g? M. on the day of

,20

by delivering to the Within named wwwmfiwaafic

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of delivery. The distance actually traveled by me in serving such process was miles and my fees are as follows: To certify which witness my hand.

For serving Citation 0’ ”523 f’ai—J For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas

Signed and sworn to by the said before me this (i day of QA Lil/\ 20 22/ ,to certify which witness my hand and seal of office. FWMllQflt/fi Nrita'ry PublicjDQJLQQQL County

“J":y

CARRIE MICHELLE DEAN

'3ng Notary Public, State of Texas

._ Q?

Comm Expires 02-01-2026 4‘3"“ Notirv ID 133563213 H’flunn“

9;”? WW

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 49 of 72 PageID 60
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

certificate of service that complies with all applicable rules.

Envelope ID: 66210469

Status as of 7/13/2022 9:57 AM CST

Associated Case Party: SANDRA LOYOLA

Name BarNumber Email TimestampSubmitted Status GABRIELA RIVEROS gabriel@riveroslawfirm.com 7/11/2022 5:14:53 PM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 50 of 72 PageID 61
TAB NO. 12

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 51 of 72 PageID 62
FORM N0. 353—3—CITATION THE STATE OF TEXAS

To: WALMART INC. INDIVIDUALLY AND 0R D/B/A WALMART SUPERCENTER #4530 BY SERVING ITS REGISTERED AGENT CT CORPORATION SYSTEM 1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock a.m. of the Monday next following the expiration of

twenty days after you were served this citation and petition, default judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.org. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND IOR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ 0R

D/B/A WALMART SUPERCENTER# 4530; WAL-MART ASSOCIATES, INC

INDIVIDUALLY AND/ 0R D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND/ OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC—22-06210, the nature of which demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy ofwhich accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: ELICIA PITRE, Clerk ofthe District Courts ofDallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day of June, 2022 ATTEST: FELICIA PITRE, Clerk of the District Courts ofDallas County, Texas

By F1 Deputy GAY LANE

FILED

7/11/2022 5:18 PM

FELICIA PITRE DISTRICT CLERK DALLAS co., TEXAS ESERVE SADAF RAJPUT DEPUTY CITATION

No.: DC-22—06210

SANDRA LOYOLA

vs. WALMART,INC, et a:

IssfiED

on this the 23rd day of June, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

@338! We;

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 52 of 72 PageID 63
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC., et a1

Came to hand on the ‘S‘l’ dayfiof Talia,

20 22 at 5010 o‘clock .M. Executed at PM" WI. 4t within the County of at ggo o‘clock .M. on the day of ,20 22- by delivering to the within named WW 135W 0*

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of delivery. The distance actually traveled by me in serving such process was—miles and my fees are as follows: To certify which witness my hand.

For serving Citation HOWd 1’67“? ’38; For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas.)

Signed and sworn to by the said $f Km t! “gum cl before me this I‘l’h day of (3A L‘s/L—

20 7:7,, to certify which witness my hand and seal of office. Mount own

$23», CARRIE MICHELLE DEAN NotaryPublicwa County40% .9.” 5;":- o’ Notary Public. State of Texas

2:35 Comm. Expires 02-01-2026 an...“ Notary ID 133563213

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 53 of 72 PageID 64
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

certificate of service that complies with all applicable rules.

Envelope ID: 66210682

Status as of 7/13/2022 10:01 AM CST

Associated Case Party: SANDRA LOYOLA

Name BarNumber Email TimestampSubmitted Status GABRIELA RIVEROS gabriel@riveroslawfirm.com 7/11/2022 5:18:31 PM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 54 of 72 PageID 65
TAB NO. 13

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 55 of 72 PageID 66
.FORM N0. 353-3—C1TAT10N THE STATE OF TEXAS

To: WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND IOR D/B/A WALMART SUPERCENTER# 4530 BY SERVING [TS REGISTERED AGENT CT CORPORATION SYSTEM

1999 BRYAN STREET, STE 900 DALLAS TX 75201 GREETINGS: You have been sued. You may employ an attorney. If you or your attorney do not file written

answer with the clerk who issued this citation by 10 o'clock am. of the Monday next following the expiration of twenty days after you were served this citation and petition, default

judgment may be taken against you. In addition to filing written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 days after you file your answer with the clerk. Find out more at TexasLawHelp.0rg. Your answer should be addressed to the clerk of the 95th District Court at 600 Commerce Street, Dallas, Texas 75202.

Said Plaintiff being SANDRA LOYOLA

Filed in said Court 9th day of June, 2022 against WALMART, INC. INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER #4530 WAL-MART STORES TEXAS, LLC INDIVIDUALLY AND IOR D/B/A WALMART

SUPERCENTER# 4530; WAL-MART REALTY COMPANY INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530; WAL-MART ASSOCIATES, INC

INDIVIDUALLY AND/ OR D/B/A WALMART SUPERCENTER# 4530.; WAL-MART REAL ESTATE BUSINESS TRUST INDIVIDUALLY AND] OR D/B/A WALMART

SUPERCENTER# 4530; EDWARD TAFOYA

For Suit, said suit being numbered DC-22—06210, the nature of which demand is as follows: Suit on OTHER PERSONAL INJURY etc. as shown on said petition, copy of which accompanies

this citation. If this citation is not served, it shall be returned unexecuted. WITNESS: FELICIA PITRE, Clerk of the District Courts of Dallas, County Texas. Given under my hand and the Seal of said Court at office on this the 23rd day of June, 2022 ATTEST: FELICIA PITRE, Clerk of the District Courts ofDallas County, Texas

By ll Deputy GAY LANE

FILED

7/11/2022 5:32 PM

FELICIA PITRE DISTRICT CLERK DALLAS co., TEXAS ESERVE SADAF RAJPUT DEPUTY CITATION

0.: DC-22-06210

SANDRA LOYOLA

v_s. WALMART, INC, e: a1

IssfJED

on this the 23rd day ofJune, 2022

FELICIA PITRE Clerk District Courts, Dallas County, Texas

By: GAY LANE, Deputy

Attorney for Plaintiff GABRIEL RIVEROS

THE RIVEROS LAW FIRM PLLC

1925 BELT LINE RD

STE 420 CARROLTON TX 75006 214-385-6607

gabriel@riveroslawfirm.com

DALLAS COUNTY SERVICE FEES NOT PAID

F‘.

a. final

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 56 of 72 PageID 67
OFFICER'S RETURN

Cause No. DC-22-06210

Court No.: 95th District Court

Style: SANDRA LOYOLA

vs. WALMART, INC, et a1

Came to hand on the I3? day of )M%

20 '27— at 5: 05- o'clock .M.

Executed at 1414 Wu. Af MM ;QE within the County of at

g5__o o'clock M. on the ,1 day of 20 7.1.2

by WMWWMWW

delivering the within named

each, in person, true copy of this Citation together with the accompanying copy of this pleading, having first endorsed on same date of

delivery. The distance actually traveled by me in serving such process was miles and my

fees are as follows: To certify which

t0

witness my hand.

For serving Citation #623 3.9-

For mileage of County, For Notary By Deputy

(Must be verified if served outside the State of Texas.)

Signed and sworn to by the before me this ‘14 day of

20 to certify which witness my hand and a: seal of office. QM W1 ”W9

CARRIE MICHELLE DEANI otary Public

Q’ SHEHMQ Countyma

Notary Public State of Texas Comm Expires 02-01-2026 Notwy ID 133563213

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 57 of 72 PageID 68
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

certificate of service that complies with all applicable rules.

Envelope ID: 66211359

Status as of 7/14/2022 9:33 AM CST

Associated Case Party: SANDRA LOYOLA

Name BarNumber Email TimestampSubmitted Status GABRIELA RIVEROS gabriel@riveroslawfirm.com 7/11/2022 5:32:33 PM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 58 of 72 PageID 69
TAB NO. 14

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 59 of 72 PageID 70
FILED

8/2/2022 10:55 AM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS per

Kellie Juricek DEPUTY

Professional Corporation

JAMES N. KURITZKES 214-712-9532 Attorney at Law James.Kmitzkes@CooperScully.com

August 2, 2022

Clerk of Court 95th District Court George L. Allen, Sr. Courts Building

600 Commerce Street Box 640 Dallas, TX 75202

Re: Sandra Loyola v. WalMart, Ina, et al. Cause No. DC-22-06210

In the 95th Judicial District Court, Dallas County, Texas

Dear Madam Clerk:

Enclosed for filing, please find an Original Answer for Defendant Wal-Mart Stores of Texasl good faith attempt was made to file the Answer prior

to 10:00 AM on August 1, 2022 Via the statewide e—File system. However, due to statewide outage of the system, it was not possible to meet that deadline.

Pursuant to the alternative service methods allowed under Tex. R. Civ. P. 21(6) and 21a

the Answer was served on opposing counsel and the Court shortly after the 10:00 AM deadline on August 1, 2022. copy of the email transmitting the Answer is also enclosed with this letter.

Please do not hesitate to contact me with any questions.

Very Truly Yours,

/s/ James N. Kuritzkes

James N. Kuritzkes

cc: Gabriel A. Riveros The Riveros Law Firm

1925 E. Belt Line Road, Suite 420 Carrollton, Texas 75006

JNK/hms

In the Petition, Defendant Wal-Mart Stores of Texas was incorrectly named as the following entities: WALMART, lNC.,

Individually and/or d/b/a WALMART SUPERCENTER #4503, WAL-MART STORES TEXAS, LLC, Individually and/or d/b/a WALMART SUPERCENTER #4503, WAL-MART REALTY COMPANY, Individually and/or d/b/a WALMART

SUPERCENTER #4503, WAL-MART ASSOCIATES, INC., Individually and/or d/b/a WALMART SUPERCENTER #4503, WALMARTREAL ESTATE BUSINESS TRUST, Individually and/or d/b/a WALMART SUPERCENTER #4503

Founders Square 900 Jackson Street, Suite 100 Dallas, TX 75202

Telephone (214) 712—9500 Fax (214) 712—9540 www.cooperscully.com

Houston Office(713) 236—6800 San Francisco Office(415) 956—9700

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 60 of 72 PageID 71
Kuritzkes, James

From: Kuritzkes, James Sent: Monday, August 1, 2022 10:06 AM

To:

'gabriel@rvieroslawfirm.com' Cc: Savant, Heather; 'kalonzo@da|lascourts.org' Subject: DC—22-O621O Loyal v. Wal Mart, et al. Attachments: 2022.8.1 Wal Mart's Original Answer—c.pdf

Gabriel,

The efile portalis currently down as they are migrating to the new system. Pursuant to TRCP 21a, please accept service of Defendant Wal-Mart’s Original Answer

Madam clerk, please note that good faith attempt was made to file the Answer priorto 10am this morning, but timely

filing was prevented by technological difficulties with the efile system.

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 61 of 72 PageID 72
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 certificate of service that complies with all applicable rules.

Heather Savant on behalf of Derek Davis Bar No. 793591 heather.savant@cooperscully.com

Envelope ID: 66874281

Status as of 8/2/2022 11:38 AM CST

Associated Case Party: SANDRA LOYOLA

Name BarNumber Email GABRIELA RIVEROS gabriel@riveroslawfirm.com

TimestampSubmitted Status 8/2/2022 10:55:01 AM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 62 of 72 PageID 73
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 certificate of service that complies with all applicable rules.

Heather Savant on behalf of Derek Davis Bar No. 793591 heather.savant@cooperscully.com

Envelope ID: 66874281

Status as of 8/2/2022 11:38 AM CST

Associated Case Party: WAL-MART STORES TEXAS, LLC

Name BarNumber Email TimestampSubmitted Status Kim Denton kim.denton@cooperscully.com 8/2/2022 10:55:01 AM SENT

James Kuritzkes james.kuritzkes@cooperscully.com 8/2/2022 10:55:01 AM SENT Heather Savant heather.savant@cooperscully.com 8/2/2022 10:55:01 AM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 63 of 72 PageID 74
TAB NO. 15

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 64 of 72 PageID 75
CAUSE NO. DC-22-06210

SANDRA LOYOLA

PLAINTIFF,

V. WALMART, INC., Individually and/ 0r d/b/a WALMART

SUPERCENTER #4503, WAL-MART

STORES TEXAS, LLC, Individually and/0r dfl3/a WALMART

SUPERCENTER #4503, WAL-MART REALTY COMPANY, Individually and/0r d/b/a WALMART

SUPERCENTER #4503, WAL-MART ASSOCIATES, INC., Individually and/0r dfl3/a WALMART

SUPERCENTER #4503 WALMART REAL ESTATE BUSINESS TRUST, Individually and/0r d/b/a WALMART SUPERCENTER #4503 and EDWARD TAFOYA, DEFENDANTS.

IN THE DISTRICT COURT

95TH JUDICIAL DISTRICT

DALLAS COUNTY, TEXAS

FILED

8/2/2022 10:55 AM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS

Kellie Juricek DEPUTY

DEFENDANT WAL-MART STORES TEXAS, LLC’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, WAL-MART STORES TEXAS, LLC (incorrectly named WALMART,

INC., Individually and/or d/b/a WALMART SUPERCENTER #4503, WAL-MART STORES

TEXAS, LLC, Individually and/or d/b/a WALMART SUPERCENTER #4503, WAL-MART

REALTY COMPANY, Individually and/or d/b/a WALMART SUPERCENTER #4503, WAL- MART ASSOCIATES, INC., Individually and/or d/b/a WALMART SUPERCENTER #4503 WALMARTREAL ESTATE BUSINESS TRUST, Individually and/or d/b/a WALMART

SUPERCENTER #4503) (“Defendant”)

in the above-styled and numbered cause, and files this

Original Answer to Plaintiffs Original Petition, and in support hereof would respectfully show

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION

D/1040946V1 PAGE OF

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 65 of 72 PageID 76
the Court the following.

I. GENERAL DENIAL

1. Defendant denies each and every, all and singular, the material allegations made

and contained in the Original Petition and any petition which Plaintiff may hereinafter file by

way of amendment or supplement, and, in accordance with Texas law, demands that Plaintiff

prove by preponderance of the credible evidence each and every such allegation made and

contained therein, or the prevailing standard ofproofrequired by applicable law.

II. AFFIRMATIVE DEFENSES

2. Pleading further, and in the affirmative, Defendant asserts the doctrine of

comparative causation as set forth in Chapter 33 of the TEXAS CIVIL PRACTICE REMEDIES

CODE, which may bar any recovery by Plaintiff, or may in the alternative reduce the amount of

recovery by Plaintiffbased on the Plaintiff’s own percentage offault.

3. Pleading further, if necessary, Plaintiff failed to mitigate Plaintiff’s damages which may have resulted from the occurrence made the basis ofthis lawsuit.

4. In the alternative, and without waiving the foregoing, Defendant affirmatively

pleads the defense set forth in TEXAS CIVIL PRACTICE REMEDIES CODE 18.091, requiring

Plaintiff to prove Plaintiff’ loss of earning and/or loss of earning capacity in the form which

represents Plaintiff’s net loss after reduction for income tax payments or unpaid tax liability on

said loss or earning claim pursuantto any federal income tax law. Id. Additionally, Defendant

requests

the Court to instruct the jury as to whether any recovery for compensatory damages

sought by the Plaintiff, if any, is subject

to federal to state income taxes.

5. Additionally, to the extent Plaintiff‘ medical expenses exceed the amount

actually paid on Plaintiff’s behalf to Plaintiff’s medical providers, Defendant asserts the statutory

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF D/1040946V1

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 66 of 72 PageID 77
defense set forth in 41.0105 of the TEXAS CIVIL PRACTICE REMEDIES CODE. Thus, recovery

of medical or health care expensesincurred by Plaintiff, if any, are limited to the amount actually

paid or incurred by or on behalf of Plaintiff.

6. Pleading further, Defendant would show that it is entitled to credit or offset

equal to the amount of any and all sums that the Plaintiff has received, or may hereinafter

receive, by way of settlement with any person or party. Alternatively, pursuant

to Rule 48 of the

TEXAS RULES 0F CIVIL PROCEDURE, Defendant contends that it is entitled to proportionate

reduction of any damages found againstit based upon the percentage of negligence attributable

to the settling tortfeasor, cross claimant, designated third party, or other party to this case.

7. Pleading further, and in the affirmative, Defendant alleges Plaintiff’s claims for

pre-judgment

interest are limited by the dates and amounts set forth in 304.101 of the TEXAS

FINANCE CODE and 41.007 of the TEXAS CIVIL PRACTICE REMEDIES CODE.

8. Pleading further, and in the affirmative, Defendant invokes §4l.0105 of the

TEXAS CIVIL PRACTICE REMEDIES CODE concerning Plaintiff‘s claim for the recovery of health

care expenses and other related damages, past and future.

9. Pleading further, and in the affirmative, Defendant asserts the doctrine of

proportionate responsibility of TEXAS CIVIL PRACTICE REMEDIES CODE Chapter 33, which may bar any recovery by Plaintiff, or may in the alternative, reduce the amount of recovery by

Plaintiffbased on Plaintiff’s own percentage of fault.

10. Pleading further, and in the affirmative, Defendant would show that the alleged

occurrence made the basis of this lawsuit was the result of circumstances and/or events that were

not of Defendant’s own creation. Defendant would further show that it acted just as similar

situated reasonable premises owner would have acted under the same or similar circumstances

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF D/1040946V1

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 67 of 72 PageID 78
surrounding the matters made the basis of this lawsuit.

11. Pleading further, and in the affirmative, Defendant allegesthat the injuries and

damages alleged by Plaintiff may be due to Plaintiff’s own negligence and recklessness in that

Plaintiff’s failure to exercise ordinary care proximately caused, in whole or in part, the alleged

injuries and damages complained of by Plaintiff. Plaintiffs acts and omissions, whether taken

together or separately, may be the sole proximate cause, or proximate cause of the injuries and

damages Plaintiff has alleged in this lawsuit. Any recovery by Plaintiff is therefore barred, or

alternatively should be reduced in accordance with the applicable law.

12. Pleading further, and in the affirmative, the injuries pled by Plaintiff may have

been caused, in whole or in part, by superseding and/or intervening causes, including preexisting

conditions and/or injuries and subsequently occurring injuries and/or conditions that were not

Defendant’s own creation.

13. Pleading further, if necessary, Plaintiff‘s claims may have been caused by an

unavoidable accident, Act of God, or an occurrence without any fault on the part of Defendant.

14. Pleading further and in the alternative, Defendant allegesthat any claims for or

recovery of exemplary damages against

it violates the Fifth, Eighth, and Fourteenth Amendments

to the United States Constitution, and Sections 3, l3 and l9 of Article of the Texas

Constitution, because such claims as made are arbitrary, unreasonable, and Violate Defendant’s

rights

to due process and equal protection of the laws.

15. Pleading further and in the alternative, to the extent any recovery of exemplary

damages

is found to be constitutional, Defendant invokes all the limitations upon damages and

exemplary damages contained in Chapter 41 of the Texas Civil Practice Remedies Code, both

in terms of the maximum amount of damages that can be awarded pursuant

to that statute and the

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF D/1040946V1

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 68 of 72 PageID 79
procedural safeguards guaranteed by the referenced provisions.

16. Pleading further and in the alternative, Defendant also invokes all other applicable

state law, federal law, statutory and/or common-law caps or limitations on exemplary damages.

17. Pleading further and in the alternative, Defendant affirmatively asserts that

Plaintiff did not exercise due diligence to effectively “bring suit” within the two-yeartime statute

of limitation period prescribed by Chapter 16 of the Texas Civil Practice Remedies Code. See

also Grant v. DeLeon, 786 S.W.2d 259, 260 (Tex. 1990).

III. NOTICE OF INTENT

18. Defendant further places Plaintiff on notice pursuantto TEXAS RULE 0F CIVIL

PROCEDURE 193.7 that may use in pretrial proceedings or at trial any and all documents and

tangible things produced in discovery by plaintiff.

IV. DEMAND FOR JURY TRIAL

19. In accordance with Rule 216 of the TEXAS RULES 0F CIVIL PROCEDURE,

Defendant hereby demands trial by jury.

WHEREFORE, PREMISES CONSIDERED, Defendant prays

that Plaintiff take

nothing by this suit against Defendant, that Defendant be discharged, and that the Court grant

such other and further relief, both general and special, at law and in equity to which Defendant may be justly entitled.

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF D/1040946V1

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 69 of 72 PageID 80
Respectfully submitted,

COOPER SCULLY, P.C.

By: /s/James N. Kuritzkes DEREK S. DAVIS

Texas Bar No. 00793591 Email: Derek.Davis@CooperScully.com

JAMES N. KURITZKES

Texas Bar No. 24120956 Email:

James.Kuritzkes@CooperScully.com

900 Jackson Street, Suite 100 Dallas, Texas 75202

Telephone: (214) 712-9500

Facsimile: (214) 712-9540

ATTORNEYS FOR DEFENDANT WAL-MART STORES TEXAS, LLC

CERTIFICATE OF SERVICE

hereby certify that on the 1“ day of August, 2022, true and correct copy of the

foregoing document was served on counsel of record via the Court’s ECF filing service as

follows:

Gabriel A. Riveros The Riveros Law Firm, PLLC

1925 E. Belt Line Road, Suite 420 Carrollton, Texas 75006

Telephone: (214) 385 -6607

Facsimile: (214) 593-3628

Email: Gabriel@riveroslawfirm.com

ATTORNEY FOR PLAINTIFF

/S/Derek S. Davis DEREK S. DAVIS

DEFENDANT’S ORIGINAL ANSWER TO PLAINTIFF’S ORIGINAL PETITION PAGE OF D/1040946V1

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 70 of 72 PageID 81
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 certificate of service that complies with all applicable rules.

Heather Savant on behalf of Derek Davis Bar No. 793591 heather.savant@cooperscully.com

Envelope ID: 66874281

Status as of 8/2/2022 11:38 AM CST

Associated Case Party: SANDRA LOYOLA

Name BarNumber Email GABRIELA RIVEROS gabriel@riveroslawfirm.com

TimestampSubmitted Status 8/2/2022 10:55:01 AM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 71 of 72 PageID 82
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 certificate of service that complies with all applicable rules.

Heather Savant on behalf of Derek Davis Bar No. 793591 heather.savant@cooperscully.com

Envelope ID: 66874281

Status as of 8/2/2022 11:38 AM CST

Associated Case Party: WAL-MART STORES TEXAS, LLC

Name BarNumber Email TimestampSubmitted Status Kim Denton kim.denton@cooperscully.com 8/2/2022 10:55:01 AM SENT

James Kuritzkes james.kuritzkes@cooperscully.com 8/2/2022 10:55:01 AM SENT Heather Savant heather.savant@cooperscully.com 8/2/2022 10:55:01 AM SENT

Case 3:22-cv-01698-L Document 1-3 Filed 08/04/22 Page 72 of 72 PageID 83