FILED

5/31/2022 10:36 AM

FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS CIT ESERVE

Angie Avina DEPUTY DC-22-05782 CAUSE NO. MARIA BARRON, IN THE DISTRICT COURT

Plaintiff, 95th

JUDICIAL DISTRICT

FIESTA MART, LLC, Defendant. DALLAS COUNTY, TEXAS

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, PLAINTIFF MARIA BARRON and files this, her Original Petition against

the above-named DEFENDANT, FIESTA MART, LLC, and would respectfully Show the Court the

following:

I. RULES OF COMPLIANCE

Plaintiff requeststhat discovery

in this case be conducted under Level Discovery Control

Plan in accordance with Texas Rule of Civil Procedure 190.3. Further, Plaintiff seeks monetaryrelief

over $1,000,000, pursuantto Texas Rule of Civil Procedure 47.

II. PARTIES AND SERVICE

Plaintiff MARIA BARRON is natural person and resident of Tarrant County, Texas.

Defendant FIEST MART, LLC is Texas corporation headquartered

in Houston, Texas and

may be served through its registered agent, CT Corporation System at 1999 Bryan Street Ste. 900

Dallas, Texas 75201. Issuance of citation is requested at this time.

III. JURISDICTION AND VENUE

This suit is brought

in accordance with the laws of Texas for the recovery of damages, which

are in excess of the minimal

jurisdictional

limits of this Court, and which Plaintiffis entitled to receive

PLAINTIFF’s ORIGINAL PETITION PAGE

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as compensation for her damages and injuries.

Venue is properin Dallas County, Texas pursuantto Section 15.002(a) (1) of the Texas Civil

Practice and Remedies Code, because all or substantial part of the events or omissions givingrise to

the claim occurred in Dallas County.

IV. FACTS

Plaintiff bringsthis suit to recover for injuries and damages sustained by her in slip—and—fall

incident which occurred on July 5, 2020 at Fiesta Mart department store located at 2200 W. Shady

Grove Rd. Irving, TX 75060. Upon information and belief, the department store Where Plaintiff fell

is now shutdown.

At the time of incident, Plaintiff was Visitingthe premisesin order to purchase household

and/or grocery

items. Plaintiff exited the restrooms and was walkingtoward the producesection

when she inadvertently slipped on puddle of water, resulting

in hard fall onto the floor. Upon

information and belief, Plaintiff contends there were no signs placed

in the vicinity of the fall to

adequately warn Plaintiff of the water on the floor, which posed dangerous condition. Following

the incident, Plaintist husband, who had been visiting nearby business, rushed to Plaintiff’s aid.

Plaintiff was then taken byan ambulance to nearby hospital for treatment of injuries. Plaintiff

experienced pains

in her,

inter 4/221, back and legs

in the aftermath of the incident, which necessitated medical treatment.

Plaintiff contends Defendant had actual or constructive knowledge ofthe dangerous condition

on the premises water on the floor of the premises and the unreasonable risk of harm posed bythe

condition but failed to exercise reasonable care to either reduce or eliminate the risk. Defendant’s

failure to exercise reasonable care proximatelycaused Plaintist injuries and damages.

V. NEGLIGENCE PREMISES LIABILITY

Defendant possessed and controlled the premises where Plaintist injuries occurred. Further,

PLAINTIFF’S ORIGINAL PETITION PAGE

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as customer and/or Visitor of Fiesta Mart, Plaintiff was an invitee on the premises and was owed

duty of care by Defendant to manage, inspect, direct, restrict, govern, and oversee the premises and

either make safe any dangerous condition on the premises or adequately warn Plaintiff of the same.

Defendant knew or, in the exercise of ordinary care, should have known of the unreasonable

dangerous condition, which it failed to inspect, eliminate, reduce, or warn of. Such failure constitutes

negligence

and was proximatecause Plaintist damages and injuries. Specifically, Defendant was

negligent

in the following ways:

a. Failure to keepthe floor of the premisesin reasonable safe condition for

customers, including Plaintiff, to walk on;

Failure to warn customers, including Plaintiff, of the dangerous condition on the

floor, when it knew or should have know that such condition posed hazard of

bodily injury;

Failure to use reasonable care to protect customers, including Plaintiff, against an

unreasonable risk of harm;

Failure to make safe dangerous condition which posed an unreasonable risk of

harm;

Failure to maintain adequate safeguards around dangerous condition to render the

premises reasonably

safe to accommodate customers, including Plaintiff;

Failure to take adequateremedial measures of dangerous condition;

Failure to supervisethe area and/or employees responsiblefor maintainingfloor

condition; and

Failure to implement and/or enforce company policies and procedures regarding

the floor condition.

Each of the above acts and omissions, singularly or in combination with others, constitute

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negligence

and negligence.

VI. CAUSATION

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

constitute negligence, which was the proximatecause of this incident, and the injuries and damages

sustained by Plaintiff.

VII. DAMAGES

As direct and proximateresult of the occurrence made the basis of this lawsuit, Plaintiffincurred

the following damages:

a. Medical expenses

in the past and future;

b. Physical pain and sufferingin the past and future;

c. Mental anguish

in the past and future;

d. Physical impairmentin the past and future;

e. Physical disfigurement

in the past and future;

f. Lost wagesin the past;

g. Loss of earning capacity

in the future;

h. Costs of Court;

i. Such other and further relief to which Plaintiffmay be justly entitled at law or in equity,

specific or general.

VIII. PRE AND POST-JUDGMENT INTEREST

Plaintiff would additionally saythat she is entitled to the recovery of pre—judgmentinterest in

accordance with law and equityas party of her damages herein, and Plaintiff here and now sues for

recovery of pre-judgment

interest as provided by

law and equity, under the applicable provision of the

laws of the State of Texas.

PLAINTIFF’S ORIGINAL PETITION PAGE

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IX. NOTICE OF INTENT

Plaintiff hereby gives notice of intent to utilize any and all items produced

in discoveryin the

trial of this matter and the authenticity of such items is self-proven per Texas Rule of Civil Procedure

93.7.

X. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests

that

Defendant Fiesta Mart, LLC be cited to appear and answer and that on final trial Plaintiff be awarded

judgment against Defendant for the following:

a. Damages pleaded herein;

b. Pre and post-judgmentinterest at the maximum legal rate;

c. Cost of court; and

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

entitled.

Respectfully submitted,

FIELDING LAW, PLLC

DAR MEHR

State Bar No. 24094840

18601 Lyndon B. Johnson Freeway Town East Tower, Suite 315 Mesquite, Texas 75150

Telephone: 214.666.8625

Fax: 214.279.6439 ATTORNEY FOR PLAINTIFF

PLAINTIFF’s ORIGINAL PETITION PAGE

eservicegQfieldinglawcom

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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.

Karla Slovak on behalf of Sikandar Mehr Bar No. 24094840

karla@fieldinglaw.com

Envelope ID: 64968803

Status as of 6/6/2022 9:56 AM CST

Associated Case Party: MARIA BARRON

Name BarNumber Email TimestampSubmitted Status

Sikandar Mehr eservice@fieldinglaw.com 5/31/2022 10:36:56 AM SENT

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