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Electronically Submitted
7/20/2022 3:29 PM
Hidalgo County Clerk
Accepted by: Gregorio Mata
CAUSE NO. CL-22-2808-J
MERLIN JANETH ZAMBRANO AS NEXT § IN THE COUNTY COURT
FRIEND OF F.N.M.Z. MINOR §
Plaintiffs, §
§
VS. § AT LAW NO. ___________
§
§
LA PLAZA MALL, SIMON PROPERTY §
GROUP (TEXAS), L.P. AND SIMON §
PROPERTY GROUP, INC. §
Defendants. § HIDALGO COUNTY, TEXAS
PLAINTIFFS’ ORIGINAL PETITION
TO THE HONORABLE COURT:
COMES NOW, Merlin Janeth Zambrano as Next Friend of F.N.M.Z., Minor, “Plaintiffs,” and
file this petition against La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property
Group, Inc., “Defendants,” and alleges as follows:
I.
DISCOVERY CONTROL PLAN
Plaintiffs request that discovery be conducted under Tex. R. Civ. P. 190.4 (level 3).
II.
PARTIES
Plaintiffs Merlin Janeth Zambrano as Next Friend of F.N.M.Z., Minor are individuals who
reside in Hidalgo County, Texas.
Defendant, La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property
Group, Inc., is a business entity doing business in Texas. Defendant and may be served with
process by serving James H. Hunter, Jr., at 55 Cove Circle, Brownsville, Texas 78521 .
Plaintiffs’ Original Petition Page 1 of 5
Electronically Submitted
7/20/2022 3:29 PM
CL-22-2808-J Hidalgo County Clerk
Accepted by: Gregorio Mata
III.
JURISDICTION & VENUE
The amount in controversy exceeds the minimal jurisdictional limits of this Court, and the
exercise of this Court’s jurisdiction over the Defendants is proper.
Venue is proper in Hidalgo County, pursuant to §15.002(a)(1) of the Texas Civil Practice
and Remedies Code in that all or a substantial part of the events or omissions giving rise to the claim
occurred in Hidalgo County.
IV.
FACTS
On August 19, 2021, Plaintiff, F.N.M.Z., Minor was a customer in Defendants’ LA PLAZA
MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC.,
located at 2200 South 10th Street, in McAllen, Hidalgo County, Texas 78503. As a result of
Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON
PROPERTY GROUP, INC., holding open its premises for business in this matter as a result of the
purpose Plaintiff, F.N.M.Z., Minor visit to such premises, Plaintiff F.N.M.Z., Minor, was at all
times an invitee as that phrase in known in law. While dining at the Food Court near Taco Palenque,
she fell due to a broken chair. As a result of Plaintiff’s fall, she suffered serious bodily injuries.
V.
NEGLIGENCE OF DEFENDANT LA PLAZA MALL, SIMON PROPERTY GROUP
(TEXAS), L.P. AND SIMON PROPERTY GROUP, INC.
Plaintiffs bring this suit to recover for personal injuries sustained by Plaintiff as a result of a
dangerous condition on Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P.
AND SIMON PROPERTY GROUP, INC., was guilty of acts and/omissions which constituted
negligence. These acts and/or omissions include, but are not limited to, the following:
Plaintiffs’ Original Petition Page 2 of 5
Electronically Submitted
7/20/2022 3:29 PM
CL-22-2808-J Hidalgo County Clerk
Accepted by: Gregorio Mata
1. Defendant failed to maintain a safe premises for its patrons;
2. Defendant failed to inspect the premises for potential hazards which could result in
damages to its patrons;
3. Defendant failed to maintain the premises to avoid potential hazards to its patrons;
4. Defendant failed to warn its patrons of potential hazards; and
5. Defendant knew or should have known of the hazard on its premises and did nothing
to correct it.
VI.
At the time and the occasion in questions, Plaintiff, F.N.M.Z., MINOR, was an invitee on
Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON
PROPERTY GROUP, INC., property, having gone there for the purpose of eating.
During the course of Plaintiff’s visit on Defendant’s premises, Plaintiff, F.N.M.Z., Minor,
was caused to suffer injury by broken chair which was the direct result of an unreasonably
dangerous condition on Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS),
L.P. AND SIMON PROPERTY GROUP, INC., premises. Defendant, LA PLAZA MALL, SIMON
PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC., knew of the
unreasonably dangerous condition or neither corrected nor warned the Plaintiff, F.N.M.Z., Minor,
of it. Plaintiff F.N.M.Z., Minor, did not have any knowledge of the dangerous condition and could
not have reasonably been expected to discover it. Failure to correct the condition or to warn Plaintiff,
F.N.M.Z., Minor, constituted negligence, and such negligence was a proximate cause of the
occurrence in question and the Plaintiff’s resulting injuries. Plaintiff’s conduct was reasonable and
prudent at all times and did not in any way contribute to the incident and ensuing injuries suffered
by Plaintiff, F.N.M.Z., Minor.
Plaintiffs’ Original Petition Page 3 of 5
Electronically Submitted
7/20/2022 3:29 PM
Hidalgo County Clerk
CL-22-2808-J Accepted by: Gregorio Mata
VII.
INJURIES TO PLAINTIFF F.N.M.Z., MINOR
Plaintiff, F.N.M.Z., Minor, sustained the following serious bodily injuries as a direct and
proximate result of the Defendant’s negligence:
a. Neck pain;
b. Back pain;
c. Right elbow;
d. Right shoulder; and
e. Plaintiff, F.N.M.Z., Minor, suffered injuries to her body in general.
VIII.
DAMGES TO PLAINTIFF, F.N.M.Z., Minor
As a direct and proximate cause of the Defendant’s acts and omissions of the occurrence
made the basis of this lawsuit, F.N.M.Z., Minor, was caused to suffer personal injuries, and to incur
the damages. Plaintiff requests that she be compensated for the following personal injuries and
Damages:
a. Reasonable medical care and expenses in the past and present. These expenses were
incurred by Plaintiff, F.N.M.Z., Minor, for the necessary care and treatment of the injuries resulting
from the incident complained of herein and such charges are reasonable and were usual and
customary charges for such services in Hidalgo County, Texas;
b. Reasonable and necessary medical care and expenses which will in all reasonable
probability be incurred in the future;
c. Physical pain and suffering in the past and present;
d. Physical pain and suffering in the future;
e. Mental anguish in the past and present;
f. Mental anguish in the future;
g. Physical impairment in the past and present;
Plaintiffs’ Original Petition Page 4 of 5
Electronically Submitted
CL-22-2808-J 7/20/2022 3:29 PM
Hidalgo County Clerk
Accepted by: Gregorio Mata
h. Physical impairment which, in all reasonably probability, will be suffered in the
future;
i. Prejudgment and post Judgment interest; and
j. Court costs.
PRAYER AND REQUEST FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendants be cited to
appear and answer herein, that upon final trial and hearing hereof, Plaintiffs recover against
Defendants damages in accordance with the evidence, that Plaintiffs recover costs of Court herein
expended, that Plaintiffs recover interest to which they are entitled justly under the law, and for
such other and further relief, both general and special, both in law and in equity, to which
Plaintiffs may be justly entitled.
Respectfully submitted,
ESCOBEDO & CARDENAS, LLP
1602 Dulcinea
Edinburg, Texas
Telephone: (956) 630-2222
Telecopier: (956) 630-2223
BY: /s/ Luis Cardenas
Luis M. Cardenas
State Bar No. 24001837
luis@escobedocardenas.com
Joe Escobedo, Jr.
State Bar No. 06665850
joe@escobedocardenas.com
ATTORNEYS FOR PLAINTIFFS
Plaintiffs’ Original Petition Page 5 of 5
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.
Cathy Gonzalez on behalf of Luis Cardenas
Bar No. 24001837
cathy@escobedocardenas.com
Envelope ID: 66512451
Status as of 7/20/2022 3:40 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Luis Cardenas luis@escobedocardenas.com 7/20/2022 3:29:05 PM SENT
Cathy AGonzalez cathy@escobedocardenas.com 7/20/2022 3:29:05 PM SENT
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Electronically Submitted 7/20/2022 3:29 PM Hidalgo County Clerk Accepted by: Gregorio Mata CAUSE NO. CL-22-2808-J MERLIN JANETH ZAMBRANO AS NEXT § IN THE COUNTY COURT FRIEND OF F.N.M.Z. MINOR § Plaintiffs, § § VS. § AT LAW NO. ___________ § § LA PLAZA MALL, SIMON PROPERTY § GROUP (TEXAS), L.P. AND SIMON § PROPERTY GROUP, INC. § Defendants. § HIDALGO COUNTY, TEXAS PLAINTIFFS’ ORIGINAL PETITION TO THE HONORABLE COURT: COMES NOW, Merlin Janeth Zambrano as Next Friend of F.N.M.Z., Minor, “Plaintiffs,” and file this petition against La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property Group, Inc., “Defendants,” and alleges as follows: I. DISCOVERY CONTROL PLAN Plaintiffs request that discovery be conducted under Tex. R. Civ. P. 190.4 (level 3). II. PARTIES Plaintiffs Merlin Janeth Zambrano as Next Friend of F.N.M.Z., Minor are individuals who reside in Hidalgo County, Texas. Defendant, La Plaza Mall, Simon Property Group (Texas), L.P. and Simon Property Group, Inc., is a business entity doing business in Texas. Defendant and may be served with process by serving James H. Hunter, Jr., at 55 Cove Circle, Brownsville, Texas 78521 . Plaintiffs’ Original Petition Page 1 of 5 Electronically Submitted 7/20/2022 3:29 PM CL-22-2808-J Hidalgo County Clerk Accepted by: Gregorio Mata III. JURISDICTION & VENUE The amount in controversy exceeds the minimal jurisdictional limits of this Court, and the exercise of this Court’s jurisdiction over the Defendants is proper. Venue is proper in Hidalgo County, pursuant to §15.002(a)(1) of the Texas Civil Practice and Remedies Code in that all or a substantial part of the events or omissions giving rise to the claim occurred in Hidalgo County. IV. FACTS On August 19, 2021, Plaintiff, F.N.M.Z., Minor was a customer in Defendants’ LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC., located at 2200 South 10th Street, in McAllen, Hidalgo County, Texas 78503. As a result of Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC., holding open its premises for business in this matter as a result of the purpose Plaintiff, F.N.M.Z., Minor visit to such premises, Plaintiff F.N.M.Z., Minor, was at all times an invitee as that phrase in known in law. While dining at the Food Court near Taco Palenque, she fell due to a broken chair. As a result of Plaintiff’s fall, she suffered serious bodily injuries. V. NEGLIGENCE OF DEFENDANT LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC. Plaintiffs bring this suit to recover for personal injuries sustained by Plaintiff as a result of a dangerous condition on Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC., was guilty of acts and/omissions which constituted negligence. These acts and/or omissions include, but are not limited to, the following: Plaintiffs’ Original Petition Page 2 of 5 Electronically Submitted 7/20/2022 3:29 PM CL-22-2808-J Hidalgo County Clerk Accepted by: Gregorio Mata 1. Defendant failed to maintain a safe premises for its patrons; 2. Defendant failed to inspect the premises for potential hazards which could result in damages to its patrons; 3. Defendant failed to maintain the premises to avoid potential hazards to its patrons; 4. Defendant failed to warn its patrons of potential hazards; and 5. Defendant knew or should have known of the hazard on its premises and did nothing to correct it. VI. At the time and the occasion in questions, Plaintiff, F.N.M.Z., MINOR, was an invitee on Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC., property, having gone there for the purpose of eating. During the course of Plaintiff’s visit on Defendant’s premises, Plaintiff, F.N.M.Z., Minor, was caused to suffer injury by broken chair which was the direct result of an unreasonably dangerous condition on Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC., premises. Defendant, LA PLAZA MALL, SIMON PROPERTY GROUP (TEXAS), L.P. AND SIMON PROPERTY GROUP, INC., knew of the unreasonably dangerous condition or neither corrected nor warned the Plaintiff, F.N.M.Z., Minor, of it. Plaintiff F.N.M.Z., Minor, did not have any knowledge of the dangerous condition and could not have reasonably been expected to discover it. Failure to correct the condition or to warn Plaintiff, F.N.M.Z., Minor, constituted negligence, and such negligence was a proximate cause of the occurrence in question and the Plaintiff’s resulting injuries. Plaintiff’s conduct was reasonable and prudent at all times and did not in any way contribute to the incident and ensuing injuries suffered by Plaintiff, F.N.M.Z., Minor. Plaintiffs’ Original Petition Page 3 of 5 Electronically Submitted 7/20/2022 3:29 PM Hidalgo County Clerk CL-22-2808-J Accepted by: Gregorio Mata VII. INJURIES TO PLAINTIFF F.N.M.Z., MINOR Plaintiff, F.N.M.Z., Minor, sustained the following serious bodily injuries as a direct and proximate result of the Defendant’s negligence: a. Neck pain; b. Back pain; c. Right elbow; d. Right shoulder; and e. Plaintiff, F.N.M.Z., Minor, suffered injuries to her body in general. VIII. DAMGES TO PLAINTIFF, F.N.M.Z., Minor As a direct and proximate cause of the Defendant’s acts and omissions of the occurrence made the basis of this lawsuit, F.N.M.Z., Minor, was caused to suffer personal injuries, and to incur the damages. Plaintiff requests that she be compensated for the following personal injuries and Damages: a. Reasonable medical care and expenses in the past and present. These expenses were incurred by Plaintiff, F.N.M.Z., Minor, for the necessary care and treatment of the injuries resulting from the incident complained of herein and such charges are reasonable and were usual and customary charges for such services in Hidalgo County, Texas; b. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; c. Physical pain and suffering in the past and present; d. Physical pain and suffering in the future; e. Mental anguish in the past and present; f. Mental anguish in the future; g. Physical impairment in the past and present; Plaintiffs’ Original Petition Page 4 of 5 Electronically Submitted CL-22-2808-J 7/20/2022 3:29 PM Hidalgo County Clerk Accepted by: Gregorio Mata h. Physical impairment which, in all reasonably probability, will be suffered in the future; i. Prejudgment and post Judgment interest; and j. Court costs. PRAYER AND REQUEST FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendants be cited to appear and answer herein, that upon final trial and hearing hereof, Plaintiffs recover against Defendants damages in accordance with the evidence, that Plaintiffs recover costs of Court herein expended, that Plaintiffs recover interest to which they are entitled justly under the law, and for such other and further relief, both general and special, both in law and in equity, to which Plaintiffs may be justly entitled. Respectfully submitted, ESCOBEDO & CARDENAS, LLP 1602 Dulcinea Edinburg, Texas Telephone: (956) 630-2222 Telecopier: (956) 630-2223 BY: /s/ Luis Cardenas Luis M. Cardenas State Bar No. 24001837 luis@escobedocardenas.com Joe Escobedo, Jr. State Bar No. 06665850 joe@escobedocardenas.com ATTORNEYS FOR PLAINTIFFS Plaintiffs’ Original Petition Page 5 of 5 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. Cathy Gonzalez on behalf of Luis Cardenas Bar No. 24001837 cathy@escobedocardenas.com Envelope ID: 66512451 Status as of 7/20/2022 3:40 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Luis Cardenas luis@escobedocardenas.com 7/20/2022 3:29:05 PM SENT Cathy AGonzalez cathy@escobedocardenas.com 7/20/2022 3:29:05 PM SENT