On July 13, 2021 a
Motion-Secondary
was filed
involving a dispute between
Simpson, Renee,
and
Trh Legacy Group, Llc.,
for OTHER PERSONAL INJURY
in the District Court of Dallas County.
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FILED
9/12/2022 12:00 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY
THE STATE OF TEXAS
CAUSE NO. DC-21-09036
RENEE SIMPSON, § IN THE DISTRICT COURT
Plaintiff §
§
vs. § DALLAS COUNTY,
§
§ TEXAS
§
TRH LEGACY GROUP, LLC., § 134th JUDICIAL DISTRICT
Defendant
PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
1. This Motion will show that there is a genuine issue of material fact and that a reasonable
jury can find in favor of the Plaintiff.
2. Summary judgment procedure is governed by Rule 166a of the Texas Rules of Civil
Procedure, which states that a movant must show 1) that there is no genuine dispute as to
any material fact, and 2) that the movant should be entitled to judgment as a matter of
law.
3. Under the current circumstances there are “Material Facts,” that will allow a fact-finder
to decide against the movant.
4. A reasonable jury will find in favor of the Plaintiff due to the gross negligence of the
Defendants.
5. To date, the Plaintiff has yet to receive Discovery of the surveillance footage, which was
supposed to be turned over by August 19, 2022.
6. Additionally, another request was sent to the Defendant’s counsel on August 22, 2022,
yet the Defendants failed to comply with the order, and have yet to provide the Plaintiff
with a copy of the necessary surveillance footage for a fair judgment to be rendered in the
matter.
7. On Saturday, July 13, 2019, at approximately 8:30 a.m., Renee Simpson entered the
restroom of McDonald’s located at 308 Westchase, Grand Prairie, Texas.
Upon exiting the restroom Ms. Simpson unknowingly encountered a floor that had just
been mopped While she was in the restroom upon exit causing her to slip and fall.
The McDonald’s establishment failed to announce inside the restroom that a peril was
created by McDonald’s staff.
10. There was only one exit for the Plaintiff to enter and exit the restroom.
11. McDonald’s staff failed to adequately secure the area where the floor had been mopped
while Ms. Simpson was in the restroom, causing a dangerous environment that was prone
to cause injury to its patrons which was the sole proximate cause of Ms. Simpson’s
profoundly serious and debilitating physical and mental injuries.
12 . McDonald’s staff did not adequately comply with OSHA rules and regulations.
13. TRH LEGACY GROUP LLC., is liable to the Plaintiff because they:
a. Failed to secure the area where the floor had been mopped;
b. Causing a dangerous environment that was prone to cause injury;
c. Failing to timely rectify the issue when they had knowledge of such defect.
d. Failed to notify patrons of impending danger.
14. The bodily injury to the Plaintiff was so severe, that it required the Plaintiff to seek
Surgery.
15. The McDonald’s establishment failed to secure the area where the floor had been mopped
while Ms. Simpson was in the restroom, causing a dangerous environment that was prone
to cause injury to its patrons which was the sole proximate cause of Ms. Simpson’s
profoundly serious and debilitating physical and mental injuries.
As a result, Plaintiff has suffered injury including the following:
Lost Wages, including lost benefits;
Physical Pain in the past;
Physical Pain in the future;
Mental Anguish in the past;
Mental Anguish in the future;
Physical Impairment in the past and future;
Disfigurement;
Medical Expense in the past;
Medical Expense in the future;
Prejudgment Interest;
Post judgment Interest;
Costs of Court.
m. PLAINTIFF PRAYS for relief
REQUEST FOR DISCLOSURE
TO DEFENDANTS: TRH LEGACY GROUP, LLC.: Pursuant to Rule 194, you are requested to
disclose, Within 50 days of service of this request, the information or materials described in Rule
l 94.2.
SIGNED on September 7, 2022
Respectfiilly submitted,
/s/ Renee Sim son
Renee Simpson
P.O. Box 69
Hutchins, Texas 75141
Telephone: (972) 415-4427
Email: ren47sim@gmail.com
Certificate of Conference
A copy of the foregoing has been sent Via regular, U.S. mail postage prepaid to:
Whitehurst & Cawley, L.L.P., 16300 Addison Rd #100, Addison, TX 75001 on this 8th day of
September, 2022.
Renee Simpson
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: 68135927
Status as of 9/12/2022 11:04 AM CST
Associated Case Party: TRH LEGACY GROUP, LLC.
Name BarNumber Email TimestampSubmitted Status
Thomas R.Hardeman a.davis@areuhrt.com 9/11/2022 10:14:32 PM SENT
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: 68135927
Status as of 9/12/2022 11:04 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Regina LBiel rbiel@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT
David WWhitehurst dwhitehurst@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT
Margaret Peter mpeter@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT
Rebecca M.Gilberg rgilberg@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT
Francine Ly fly@dallascourts.org 9/11/2022 10:14:32 PM SENT
ARNESIA BDAVIS a.davis@areuhrt.com 9/11/2022 10:14:32 PM SENT
Renee Simpson Ren47sim@gmail.com 9/11/2022 10:14:32 PM SENT
Delaney Sloan dsloan@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT
Tyler Cortinas tcortinas@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT
Document Filed Date
September 12, 2022
Case Filing Date
July 13, 2021
Category
OTHER PERSONAL INJURY
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FILED 9/12/2022 12:00 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY THE STATE OF TEXAS CAUSE NO. DC-21-09036 RENEE SIMPSON, § IN THE DISTRICT COURT Plaintiff § § vs. § DALLAS COUNTY, § § TEXAS § TRH LEGACY GROUP, LLC., § 134th JUDICIAL DISTRICT Defendant PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: 1. This Motion will show that there is a genuine issue of material fact and that a reasonable jury can find in favor of the Plaintiff. 2. Summary judgment procedure is governed by Rule 166a of the Texas Rules of Civil Procedure, which states that a movant must show 1) that there is no genuine dispute as to any material fact, and 2) that the movant should be entitled to judgment as a matter of law. 3. Under the current circumstances there are “Material Facts,” that will allow a fact-finder to decide against the movant. 4. A reasonable jury will find in favor of the Plaintiff due to the gross negligence of the Defendants. 5. To date, the Plaintiff has yet to receive Discovery of the surveillance footage, which was supposed to be turned over by August 19, 2022. 6. Additionally, another request was sent to the Defendant’s counsel on August 22, 2022, yet the Defendants failed to comply with the order, and have yet to provide the Plaintiff with a copy of the necessary surveillance footage for a fair judgment to be rendered in the matter. 7. On Saturday, July 13, 2019, at approximately 8:30 a.m., Renee Simpson entered the restroom of McDonald’s located at 308 Westchase, Grand Prairie, Texas. Upon exiting the restroom Ms. Simpson unknowingly encountered a floor that had just been mopped While she was in the restroom upon exit causing her to slip and fall. The McDonald’s establishment failed to announce inside the restroom that a peril was created by McDonald’s staff. 10. There was only one exit for the Plaintiff to enter and exit the restroom. 11. McDonald’s staff failed to adequately secure the area where the floor had been mopped while Ms. Simpson was in the restroom, causing a dangerous environment that was prone to cause injury to its patrons which was the sole proximate cause of Ms. Simpson’s profoundly serious and debilitating physical and mental injuries. 12 . McDonald’s staff did not adequately comply with OSHA rules and regulations. 13. TRH LEGACY GROUP LLC., is liable to the Plaintiff because they: a. Failed to secure the area where the floor had been mopped; b. Causing a dangerous environment that was prone to cause injury; c. Failing to timely rectify the issue when they had knowledge of such defect. d. Failed to notify patrons of impending danger. 14. The bodily injury to the Plaintiff was so severe, that it required the Plaintiff to seek Surgery. 15. The McDonald’s establishment failed to secure the area where the floor had been mopped while Ms. Simpson was in the restroom, causing a dangerous environment that was prone to cause injury to its patrons which was the sole proximate cause of Ms. Simpson’s profoundly serious and debilitating physical and mental injuries. As a result, Plaintiff has suffered injury including the following: Lost Wages, including lost benefits; Physical Pain in the past; Physical Pain in the future; Mental Anguish in the past; Mental Anguish in the future; Physical Impairment in the past and future; Disfigurement; Medical Expense in the past; Medical Expense in the future; Prejudgment Interest; Post judgment Interest; Costs of Court. m. PLAINTIFF PRAYS for relief REQUEST FOR DISCLOSURE TO DEFENDANTS: TRH LEGACY GROUP, LLC.: Pursuant to Rule 194, you are requested to disclose, Within 50 days of service of this request, the information or materials described in Rule l 94.2. SIGNED on September 7, 2022 Respectfiilly submitted, /s/ Renee Sim son Renee Simpson P.O. Box 69 Hutchins, Texas 75141 Telephone: (972) 415-4427 Email: ren47sim@gmail.com Certificate of Conference A copy of the foregoing has been sent Via regular, U.S. mail postage prepaid to: Whitehurst & Cawley, L.L.P., 16300 Addison Rd #100, Addison, TX 75001 on this 8th day of September, 2022. Renee Simpson 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: 68135927 Status as of 9/12/2022 11:04 AM CST Associated Case Party: TRH LEGACY GROUP, LLC. Name BarNumber Email TimestampSubmitted Status Thomas R.Hardeman a.davis@areuhrt.com 9/11/2022 10:14:32 PM SENT 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: 68135927 Status as of 9/12/2022 11:04 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Regina LBiel rbiel@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT David WWhitehurst dwhitehurst@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT Margaret Peter mpeter@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT Rebecca M.Gilberg rgilberg@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT Francine Ly fly@dallascourts.org 9/11/2022 10:14:32 PM SENT ARNESIA BDAVIS a.davis@areuhrt.com 9/11/2022 10:14:32 PM SENT Renee Simpson Ren47sim@gmail.com 9/11/2022 10:14:32 PM SENT Delaney Sloan dsloan@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT Tyler Cortinas tcortinas@whitehurstlaw.com 9/11/2022 10:14:32 PM SENT