Preview
Electronically Submitted
8/25/2021 10:01 AM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
CAUSE NO. CL-21-0698-G
ESMERALDA CRYSTAL GARCIA ¨ IN THE COUNTY COURT
¨
¨
V. ¨
¨ AT LAW NO. 7
¨
¨
AEP TEXAS, INC., INLAND CONSULTING ¨
SERVICES, LLC, and OSMOSE UTILITIES ¨
SERVICES, INC. ¨ HIDALGO COUNTY, TX
PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Esmeralda Crystal Garcia (hereinafter referred to by name or as
Plaintiff), and complains of AEP Texas, Inc., Inland Consulting Services, LLC, and Osmose
Utilities Services, Inc. (hereinafter referred to specifically by name, or as Defendants), and
would respectfully show unto the Court the following that is fully incorporated by
reference for all purposes:
1.
Discovery Level
The claims and relief should be governed in accordance with Discovery Level 3 of
the Texas Rules of Civil Procedure.
Electronically Submitted
8/25/2021 10:01 AM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
2.
Relief Sought
Pursuant to Rule 47(c), the Plaintiff asserts that she is seeking monetary relief under
$100,000 but not more than $75,000.
3.
Parties
Plaintiff, Esmeralda Crystal Garcia, is a resident of Hidalgo County, Texas.
Defendant, AEP Texas, Inc. was served and thereafter appeared and answered.
Defendant, Inland Consulting Services, LLC, is a Texas formed limited liability
company that may be served through its registered agent – Jeremy Kell at 7373
Broadway, Ste. 500, San Antonio, Texas 78209.
Defendant, Osmose Utilities Services, Inc., is a foreign corporation doing business
in Texas that may be served through its registered agent – Corporation Service Company
d/b/a CSC-Lawyers Incorporating Service Company at 211 E. 7th St., Austin, Texas
78701.
Venue is proper in Hidalgo County, Texas in that the incidents made the basis of
the causes of action arose in this county.
Electronically Submitted
8/25/2021 10:01 AM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
4.
Factual Allegations
The Defendant, AEP Texas, Inc. is an electrical provider that owns a wooden utility
pole in McAllen, Texas located at the street corner of 22nd Street & Cedar in McAllen,
Texas. The Defendants Inland Consulting Services, LLC and Osmose Utilities Services,
Inc. each had an independent duty to maintain, repair, and monitor AEP Texas, Inc.’s
pole located at the street corner of 22nd Street & Cedar in McAllen, Texas.
On May 25, 2020, Plaintiff was walking south bound at the intersection of 22nd
Street & Cedar in McAllen, Texas and without personal knowledge of and without any
warning to her by the Defendants that the wooden pole at 22nd Street & Cedar contained
a hazard and dangerous condition suffered a laceration and injuries to her left leg. The
injury was significant and severe causing physical injury, pain, suffering, and
disfigurement.
As a result, the Plaintiff sues the Defendants under the tort of negligence and
premises liability.
5.
Negligence
At all times relevant and material to the incident described above, the Defendants
actions and omissions, individually and severally, were negligent in law in that
Defendants knew or should have known of their duties to the Plaintiff, and that their acts
Electronically Submitted
8/25/2021 10:01 AM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
and omissions breached the duties owed to the Plaintiff proximately resulting in
damages to Plaintiff.
6.
Cause of Action | Premises Liability
At all times relevant and material to the incident described above, the
Defendants, individually and severally, were negligent under premises liability law in
that:
Ÿ Plaintiff was owed a duty by Defendants arising from the proximity to a
pedestrian walkway where a wooden utility was located;
Ÿ Defendants owned, possessed, and/or controlled the premises and/or a
utility pole within the premises where the occurrences took place;
Ÿ A condition on the utility pole within the premises posed an unreasonable
risk of harm;
Ÿ Defendants knew or reasonably should have known of the danger posed
by the condition;
Ÿ Defendants breached their duty of ordinary care by both failing to
adequately warn Plaintiff of the condition and failing to make the condition
reasonably safe;
Ÿ A condition on the premises posed an unreasonable risk of harm;
Ÿ Defendants further negligently failed to take remedial action to avoid
and/or prevent any risk of harm;
Ÿ Defendants further negligently failed to ensure that the Plaintiff was
protected from harm after undertaking such a duty; and
Electronically Submitted
8/25/2021 10:01 AM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
Defendants’ negligence was the sole proximate cause or a proximate cause of the
incident described above and of the injuries and damages suffered by Plaintiff.
7.
Actual Damages
As a result of the incidents described above, that are made the basis of this suit,
Plaintiff has had physical pain and suffering felt from the date of the incident in question
up to the time of trial, physical pain and suffering they will feel in the future beyond the
time of trial, mental anguish that suffered from the date of the occurrence in question up
to the time of trial, mental anguish they will suffer in the future beyond the time of trial,
the amount of reasonable medical expenses necessarily incurred in the treatment of
injuries from the date of the incident in question up to the time of trial, reasonable value
of medical expenses that will necessarily be incurred in the treatment of injuries in the
future beyond the time of trial, damages resulting from the physical impairment suffered
and the resulting inability to do those things that they ordinarily would have been able
to do from the date of the incident up to the time of trial, damages resulting from the
physical impairment that will continue to suffer in the future and the resulting inability to
do those things that they would ordinarily have been able to perform in the future
beyond the time of trial,the loss or reduction in earning capacity up until the time of
trial, the loss or reduction of earning capacity in the future caused by the injuries
sustained by the incident in question, their loss of earnings up until the time of trial, their
Electronically Submitted
8/25/2021 10:01 AM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
loss of earnings in the future caused by the injuries sustained by the incident in question,
the damages resulting from the inability to perform household services that ordinarily
would have been able to perform from the date of the incident up to the time of trial,
the damages resulting from the inability to perform household services that they
ordinarily would have been able to perform beyond the time of trial, the disfigurement
suffered since the date of the occurrence in question up to the time of trial, and the
disfigurement, which Plaintiff will suffer in the future beyond trial.
In all reasonable probability, Plaintiff have further been caused to incur court
costs, and other compensatory damages. Plaintiff seeks monetary relief under $75,000
including damages of any kind.
8.
Vicarious Liability
The Defendants, individually and severally, at all times material to the acts and
omissions described above, had employees that acted within the course, scope, and
authority of their employment with the Defendants. Defendants are therefore vicariously
liable to the Plaintiff for all damages and bodily injuries.
9.
Request for Jury Trial
The Plaintiff requests that the causes of action be tried to a Jury and represents
that the appropriate fees have been paid.
Electronically Submitted
8/25/2021 10:01 AM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this Honorable Court
grant the following:
a). An award of damages to the Plaintiff paid by Defendants as a result of
Defendants’ liability;
b). An award of prejudgment interest and post judgment Interest at the
maximum legal rate allowed where interest may be awarded, and also
interest from the date of judgment as allowed by law to be paid by
Defendants;
c). An award of costs of suit herein, and such other appropriate relief to which
Plaintiff may be entitled and the court deems proper as allowed by law to
be paid by Defendants;
d). An award of all other relief that Plaintiff may be entitled to be paid by
Defendants;
e). An award of all damages as requested herein.
Electronically Submitted
8/25/2021 10:01 AM
Hidalgo County Clerk
Accepted by: Oscar Gonzalez
For Justice,
THE PRUNEDA LAW FIRM, P.L.L.C.
P.O. Box 1664
Pharr, Texas 78577
956.702.9675 Tel.
956.702.9659 Fax
Email: michael@michaelpruneda.com
By: _________________________
Michael Pruneda
Texas Bar No. 24025601
U.S. Fed. I.D. No. 25659
New York State Reg. 5350897
For Plaintiff
Certificate of Service
I hereby certify that a true and correct copy of the above and foregoing
document has been forwarded to opposing counsel of record by e-filing as noted
below on this the 25th day of August, 2021:
bgalligan@jgkl.com
Robert L. Galligan
Jones, Galligan, Key & Lozano
2300 W. Pike Blvd.
Weslaco, Texas 78596
____________________
Michael Pruneda
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 56631213
Status as of 8/25/2021 10:10 AM CST
Associated Case Party: American Electrical Power
Name BarNumber Email TimestampSubmitted Status
Robert L. Galligan 7590500 bgalligan@jgkl.com 8/25/2021 10:01:56 AM SENT
Associated Case Party: AEP Texas Inc
Name BarNumber Email TimestampSubmitted Status
Robert L.Galligan bgalligan@jgkl.com 8/25/2021 10:01:56 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
MICHAEL PRUNEDA michael@michaelpruneda.com 8/25/2021 10:01:56 AM SENT
Preview
Electronically Submitted 8/25/2021 10:01 AM Hidalgo County Clerk Accepted by: Oscar Gonzalez CAUSE NO. CL-21-0698-G ESMERALDA CRYSTAL GARCIA ¨ IN THE COUNTY COURT ¨ ¨ V. ¨ ¨ AT LAW NO. 7 ¨ ¨ AEP TEXAS, INC., INLAND CONSULTING ¨ SERVICES, LLC, and OSMOSE UTILITIES ¨ SERVICES, INC. ¨ HIDALGO COUNTY, TX PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Esmeralda Crystal Garcia (hereinafter referred to by name or as Plaintiff), and complains of AEP Texas, Inc., Inland Consulting Services, LLC, and Osmose Utilities Services, Inc. (hereinafter referred to specifically by name, or as Defendants), and would respectfully show unto the Court the following that is fully incorporated by reference for all purposes: 1. Discovery Level The claims and relief should be governed in accordance with Discovery Level 3 of the Texas Rules of Civil Procedure. Electronically Submitted 8/25/2021 10:01 AM Hidalgo County Clerk Accepted by: Oscar Gonzalez 2. Relief Sought Pursuant to Rule 47(c), the Plaintiff asserts that she is seeking monetary relief under $100,000 but not more than $75,000. 3. Parties Plaintiff, Esmeralda Crystal Garcia, is a resident of Hidalgo County, Texas. Defendant, AEP Texas, Inc. was served and thereafter appeared and answered. Defendant, Inland Consulting Services, LLC, is a Texas formed limited liability company that may be served through its registered agent – Jeremy Kell at 7373 Broadway, Ste. 500, San Antonio, Texas 78209. Defendant, Osmose Utilities Services, Inc., is a foreign corporation doing business in Texas that may be served through its registered agent – Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company at 211 E. 7th St., Austin, Texas 78701. Venue is proper in Hidalgo County, Texas in that the incidents made the basis of the causes of action arose in this county. Electronically Submitted 8/25/2021 10:01 AM Hidalgo County Clerk Accepted by: Oscar Gonzalez 4. Factual Allegations The Defendant, AEP Texas, Inc. is an electrical provider that owns a wooden utility pole in McAllen, Texas located at the street corner of 22nd Street & Cedar in McAllen, Texas. The Defendants Inland Consulting Services, LLC and Osmose Utilities Services, Inc. each had an independent duty to maintain, repair, and monitor AEP Texas, Inc.’s pole located at the street corner of 22nd Street & Cedar in McAllen, Texas. On May 25, 2020, Plaintiff was walking south bound at the intersection of 22nd Street & Cedar in McAllen, Texas and without personal knowledge of and without any warning to her by the Defendants that the wooden pole at 22nd Street & Cedar contained a hazard and dangerous condition suffered a laceration and injuries to her left leg. The injury was significant and severe causing physical injury, pain, suffering, and disfigurement. As a result, the Plaintiff sues the Defendants under the tort of negligence and premises liability. 5. Negligence At all times relevant and material to the incident described above, the Defendants actions and omissions, individually and severally, were negligent in law in that Defendants knew or should have known of their duties to the Plaintiff, and that their acts Electronically Submitted 8/25/2021 10:01 AM Hidalgo County Clerk Accepted by: Oscar Gonzalez and omissions breached the duties owed to the Plaintiff proximately resulting in damages to Plaintiff. 6. Cause of Action | Premises Liability At all times relevant and material to the incident described above, the Defendants, individually and severally, were negligent under premises liability law in that: Ÿ Plaintiff was owed a duty by Defendants arising from the proximity to a pedestrian walkway where a wooden utility was located; Ÿ Defendants owned, possessed, and/or controlled the premises and/or a utility pole within the premises where the occurrences took place; Ÿ A condition on the utility pole within the premises posed an unreasonable risk of harm; Ÿ Defendants knew or reasonably should have known of the danger posed by the condition; Ÿ Defendants breached their duty of ordinary care by both failing to adequately warn Plaintiff of the condition and failing to make the condition reasonably safe; Ÿ A condition on the premises posed an unreasonable risk of harm; Ÿ Defendants further negligently failed to take remedial action to avoid and/or prevent any risk of harm; Ÿ Defendants further negligently failed to ensure that the Plaintiff was protected from harm after undertaking such a duty; and Electronically Submitted 8/25/2021 10:01 AM Hidalgo County Clerk Accepted by: Oscar Gonzalez Defendants’ negligence was the sole proximate cause or a proximate cause of the incident described above and of the injuries and damages suffered by Plaintiff. 7. Actual Damages As a result of the incidents described above, that are made the basis of this suit, Plaintiff has had physical pain and suffering felt from the date of the incident in question up to the time of trial, physical pain and suffering they will feel in the future beyond the time of trial, mental anguish that suffered from the date of the occurrence in question up to the time of trial, mental anguish they will suffer in the future beyond the time of trial, the amount of reasonable medical expenses necessarily incurred in the treatment of injuries from the date of the incident in question up to the time of trial, reasonable value of medical expenses that will necessarily be incurred in the treatment of injuries in the future beyond the time of trial, damages resulting from the physical impairment suffered and the resulting inability to do those things that they ordinarily would have been able to do from the date of the incident up to the time of trial, damages resulting from the physical impairment that will continue to suffer in the future and the resulting inability to do those things that they would ordinarily have been able to perform in the future beyond the time of trial,the loss or reduction in earning capacity up until the time of trial, the loss or reduction of earning capacity in the future caused by the injuries sustained by the incident in question, their loss of earnings up until the time of trial, their Electronically Submitted 8/25/2021 10:01 AM Hidalgo County Clerk Accepted by: Oscar Gonzalez loss of earnings in the future caused by the injuries sustained by the incident in question, the damages resulting from the inability to perform household services that ordinarily would have been able to perform from the date of the incident up to the time of trial, the damages resulting from the inability to perform household services that they ordinarily would have been able to perform beyond the time of trial, the disfigurement suffered since the date of the occurrence in question up to the time of trial, and the disfigurement, which Plaintiff will suffer in the future beyond trial. In all reasonable probability, Plaintiff have further been caused to incur court costs, and other compensatory damages. Plaintiff seeks monetary relief under $75,000 including damages of any kind. 8. Vicarious Liability The Defendants, individually and severally, at all times material to the acts and omissions described above, had employees that acted within the course, scope, and authority of their employment with the Defendants. Defendants are therefore vicariously liable to the Plaintiff for all damages and bodily injuries. 9. Request for Jury Trial The Plaintiff requests that the causes of action be tried to a Jury and represents that the appropriate fees have been paid. Electronically Submitted 8/25/2021 10:01 AM Hidalgo County Clerk Accepted by: Oscar Gonzalez Prayer WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that this Honorable Court grant the following: a). An award of damages to the Plaintiff paid by Defendants as a result of Defendants’ liability; b). An award of prejudgment interest and post judgment Interest at the maximum legal rate allowed where interest may be awarded, and also interest from the date of judgment as allowed by law to be paid by Defendants; c). An award of costs of suit herein, and such other appropriate relief to which Plaintiff may be entitled and the court deems proper as allowed by law to be paid by Defendants; d). An award of all other relief that Plaintiff may be entitled to be paid by Defendants; e). An award of all damages as requested herein. Electronically Submitted 8/25/2021 10:01 AM Hidalgo County Clerk Accepted by: Oscar Gonzalez For Justice, THE PRUNEDA LAW FIRM, P.L.L.C. P.O. Box 1664 Pharr, Texas 78577 956.702.9675 Tel. 956.702.9659 Fax Email: michael@michaelpruneda.com By: _________________________ Michael Pruneda Texas Bar No. 24025601 U.S. Fed. I.D. No. 25659 New York State Reg. 5350897 For Plaintiff Certificate of Service I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to opposing counsel of record by e-filing as noted below on this the 25th day of August, 2021: bgalligan@jgkl.com Robert L. Galligan Jones, Galligan, Key & Lozano 2300 W. Pike Blvd. Weslaco, Texas 78596 ____________________ Michael Pruneda Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 56631213 Status as of 8/25/2021 10:10 AM CST Associated Case Party: American Electrical Power Name BarNumber Email TimestampSubmitted Status Robert L. Galligan 7590500 bgalligan@jgkl.com 8/25/2021 10:01:56 AM SENT Associated Case Party: AEP Texas Inc Name BarNumber Email TimestampSubmitted Status Robert L.Galligan bgalligan@jgkl.com 8/25/2021 10:01:56 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status MICHAEL PRUNEDA michael@michaelpruneda.com 8/25/2021 10:01:56 AM SENT