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CAUSE NO.
ARQUINTIS AMY THOMPSON, § IN THE DISTRICTCOURT
Plaintiff §
§
§
VS. § FORT BEND, TEXAS
§
WALMART INC. §
Defendant § _______ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
NOW COMES, Plaintiff, ARQUINTIS AMY THOMPSON, and files this Original
Petition against Defendant, WALMART INC., and for cause would respectfully show the
following:
DISCOVERY CONTROL PLAN LEVEL
Pursuant to Texas Rule of Civil Procedure 190.1, discovery level II. Plaintiff
affirmatively plead that this case is, on its facts, not appropriate for prosecution under the
expedited actions process under Texas Rule of Civil Procedure 169.
PARTIES AND SERVICE
Plaintiff, ARQUINTIS AMY THOMPSON is an individual residing in Fort Bend
County, Texas.
3. Defendants WALMART INC., is a Texas corporation and may be served with process
with their registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas
75201-3136.
II JURISDICTION AND VENUE
The subject matter in controversy is within the jurisdictional limits of this court.
5. This court has jurisdiction over Defendants because they areTexas en ities.
Venue is proper in Fort Bend County, Texas; pursuant to Section 15.002 (s) (1) of the
Texas Civil Practice and Remedies Code because all or a substantial part of the events or
omissions occurred in this county.
IV. FACTS
On or about February 5,2022, Plaintiff was an invitee on Defendant’s premises walking
in a reasonable and prudent manner, exercising care for safety, and the safety of others. The
incident occurred when the Plaintiff fell 5501 HWY 6, Missouri, TX 77459n Defendant’s
premises Plaintiff fell due to wet substance on the floor. The wet floor posed an unreasonably
dangerous condition. Defendant failed to warn Plaintiff of the condition or make the condition
safe in the first place by not providing a caution wet floor sign. Defendant was in the best
position to eliminate and/or warn of this unreasonably dangerous condition. Defendant’s breach
of its duty proximately caused Plaintiff’s injuries.
V. PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT
At the time of the accident, Defendant negligently failed to maintain their premises in a
safe and reasonable manner. Defendant had a duty to exercise ordinary care and reasonably and
prudently maintain their premises safe for all people on the property. Defendant breached that
duty in one or more way, each of which singularly or in combination with others was the
proximate cause of the occurrence in question.
In addition, Defendants do not have in place policies or procedures that require, instruct,
or direct it employees in making the premises reasonably safe. If such policies or procedures
exist, then Defendants failed to enforce them. Defendants failed to train their employees in
making the premises safe. And Defendants further failed to properly and adequately supervise
and oversee its premises so as to prevent occurrences such as this one.
VI. PLAINTIFF’S CLAIM OF PREMISES LIABILITY AGAINST DEFENDANT
The Defendant had a duty to exercise the ordinary care of a premises operator and
landlord to business invitees, i.e., the Plaintiff. The Defendant failed to make their premises safe
for everyone entering the premises, including guests, invitees, and patrons. Defendant had actual
and/or construction knowledge of this condition and failed to make safe or warn Plaintiff of the
dangerous condition posed on Defendant’s floor. This condition was not open or obvious, and
Defendant was in the best position to makethe condition safe.
VII DAMAGES FOR PLAINTIFF
As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs
ARQUINTIS AMY THOMPSON, was caused to suffer serious bodily injuries, and to incur the
following damages for which Plaintiffs seeks monetary relief of over $2 0,000.00 but not more than
$1,000,000.00:
Reasonable medical care and expenses in the past. These expenses were incurred
by Plaintiffs, ARQUINTIS AMY THOMPSON for the necessary care and
treatment of the injuries resulting from the accident and/or the aggravation of
prior injuries and such charges are reasonable and were usual and customary
charges for such services in Fort BendCounty, Texas;
Reasonable and necessary medical care and expenses, which will in all reasonable
probability be incurred in the future;
Physical pain and suffering in the past;
Physical pain and suffering in the future;
Physical impairment sustained in the past;
Physical impairment sustained in the future;
Loss of earnings in the past;
Loss of earning capacity which will, in all probability, be incurred in the future;
Mental anguish in the past; and
Mental anguish in the future.
VIII.REQUIRED DISCLOSURE
Pursuant to Texas Rule of Civil Procedure 194(a), each Defendant is required to
disclose, within thirty (30) days of the filing of the first answer, the information or material
described in Rule 194.2(b)1 Any Defendant that is served or otherwise joined after the filing
of the first answer must make their initial disclosures within thirty (30) days after being served or
joined.
X. PRAYER
WHEREFORE, PREMISES CONSIDERED Plaintiff ARQUINTIS AMY
THOMPSON, respectfully pray that the Defendant be cited to appear and answer herein, and that
upon a final hearing of the cause, judgment be entered for the Plaintiff and against Defendant for
damages in an amount within the jurisdictional limits of the Court; together with pre judgment
interest (from the date of injury through the date of judgment) at the maximum rate allowed by
law; post judgment interest at the legal rate, costs of court; and such other and further relief to
which the Plaintiffs may be entitled at law or in equity.
Respectfully Submitted,
KGS LAW GROUP
By: /s/ Abraham Garcia
Brandon A. Kinard
State Bar No. 24079744
Abraham Garcia
State Bar No. 24078005
Carlos A. Saldaña
State Bar No. 24086403
150 W Parker Rd, Suite 705
Houston, Texas 77076
Telephone No. (281) 962
Facsimile No. (281) 962
Service and Correspondence Email: kgs@kgslawgroup.com
ATTORNEY FOR PLAINTIFF
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CAUSE NO. ARQUINTIS AMY THOMPSON, § IN THE DISTRICTCOURT Plaintiff § § § VS. § FORT BEND, TEXAS § WALMART INC. § Defendant § _______ JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION NOW COMES, Plaintiff, ARQUINTIS AMY THOMPSON, and files this Original Petition against Defendant, WALMART INC., and for cause would respectfully show the following: DISCOVERY CONTROL PLAN LEVEL Pursuant to Texas Rule of Civil Procedure 190.1, discovery level II. Plaintiff affirmatively plead that this case is, on its facts, not appropriate for prosecution under the expedited actions process under Texas Rule of Civil Procedure 169. PARTIES AND SERVICE Plaintiff, ARQUINTIS AMY THOMPSON is an individual residing in Fort Bend County, Texas. 3. Defendants WALMART INC., is a Texas corporation and may be served with process with their registered agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136. II JURISDICTION AND VENUE The subject matter in controversy is within the jurisdictional limits of this court. 5. This court has jurisdiction over Defendants because they areTexas en ities. Venue is proper in Fort Bend County, Texas; pursuant to Section 15.002 (s) (1) of the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions occurred in this county. IV. FACTS On or about February 5,2022, Plaintiff was an invitee on Defendant’s premises walking in a reasonable and prudent manner, exercising care for safety, and the safety of others. The incident occurred when the Plaintiff fell 5501 HWY 6, Missouri, TX 77459n Defendant’s premises Plaintiff fell due to wet substance on the floor. The wet floor posed an unreasonably dangerous condition. Defendant failed to warn Plaintiff of the condition or make the condition safe in the first place by not providing a caution wet floor sign. Defendant was in the best position to eliminate and/or warn of this unreasonably dangerous condition. Defendant’s breach of its duty proximately caused Plaintiff’s injuries. V. PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT At the time of the accident, Defendant negligently failed to maintain their premises in a safe and reasonable manner. Defendant had a duty to exercise ordinary care and reasonably and prudently maintain their premises safe for all people on the property. Defendant breached that duty in one or more way, each of which singularly or in combination with others was the proximate cause of the occurrence in question. In addition, Defendants do not have in place policies or procedures that require, instruct, or direct it employees in making the premises reasonably safe. If such policies or procedures exist, then Defendants failed to enforce them. Defendants failed to train their employees in making the premises safe. And Defendants further failed to properly and adequately supervise and oversee its premises so as to prevent occurrences such as this one. VI. PLAINTIFF’S CLAIM OF PREMISES LIABILITY AGAINST DEFENDANT The Defendant had a duty to exercise the ordinary care of a premises operator and landlord to business invitees, i.e., the Plaintiff. The Defendant failed to make their premises safe for everyone entering the premises, including guests, invitees, and patrons. Defendant had actual and/or construction knowledge of this condition and failed to make safe or warn Plaintiff of the dangerous condition posed on Defendant’s floor. This condition was not open or obvious, and Defendant was in the best position to makethe condition safe. VII DAMAGES FOR PLAINTIFF As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs ARQUINTIS AMY THOMPSON, was caused to suffer serious bodily injuries, and to incur the following damages for which Plaintiffs seeks monetary relief of over $2 0,000.00 but not more than $1,000,000.00: Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiffs, ARQUINTIS AMY THOMPSON for the necessary care and treatment of the injuries resulting from the accident and/or the aggravation of prior injuries and such charges are reasonable and were usual and customary charges for such services in Fort BendCounty, Texas; Reasonable and necessary medical care and expenses, which will in all reasonable probability be incurred in the future; Physical pain and suffering in the past; Physical pain and suffering in the future; Physical impairment sustained in the past; Physical impairment sustained in the future; Loss of earnings in the past; Loss of earning capacity which will, in all probability, be incurred in the future; Mental anguish in the past; and Mental anguish in the future. VIII.REQUIRED DISCLOSURE Pursuant to Texas Rule of Civil Procedure 194(a), each Defendant is required to disclose, within thirty (30) days of the filing of the first answer, the information or material described in Rule 194.2(b)1 Any Defendant that is served or otherwise joined after the filing of the first answer must make their initial disclosures within thirty (30) days after being served or joined. X. PRAYER WHEREFORE, PREMISES CONSIDERED Plaintiff ARQUINTIS AMY THOMPSON, respectfully pray that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff and against Defendant for damages in an amount within the jurisdictional limits of the Court; together with pre judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; post judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiffs may be entitled at law or in equity. Respectfully Submitted, KGS LAW GROUP By: /s/ Abraham Garcia Brandon A. Kinard State Bar No. 24079744 Abraham Garcia State Bar No. 24078005 Carlos A. Saldaña State Bar No. 24086403 150 W Parker Rd, Suite 705 Houston, Texas 77076 Telephone No. (281) 962 Facsimile No. (281) 962 Service and Correspondence Email: kgs@kgslawgroup.com ATTORNEY FOR PLAINTIFF