Preview
FILED
2/28/2023 4:00 PM
FELICIA PITRE
2 CIT ESERVE DISTRICT CLERK
DALLAS CO., TEXAS
Ashley Davenport DEPUTY
CAUSE NOPC'23'02721
CAROL PREYER § IN THE DISTRICT COURT OF
§
§
VS. § DALLAS COUNTY, TEXAS
§
LITTLE CAESAR ENTERPRISES, INC. § 298th
AND FN 4, INC. § JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
COMES NOW Plaintiff Carol Preyer (hereinafter referred to as “Plaintiff ’) complains of
Defendant Little Caesar Enterprises, Inc. and Defendant FN 4, Inc. (hereinafter referred to as
“Defendants”) and would respectfully show the Court the following:
I. Di_sc0verv Control Plan
Plaintiff intends to conduct discovery in this matter under Level 3 pursuant to Tex. R. Civ.
Proc. 190.4.
II. Statement Regarding Monetarv Relief Soggy
Pursuant to Texas Rule of Civil Procedure 47(c)(4), Plaintiff seeks monetary relief over
$1,000,000.00.
III. Jurisdiction and Venue
The claims asserted arise under the common law of Texas. Jurisdiction is proper in this
honorable Court because the amount in controversy greatly exceeds the minimum jurisdictional
limits of this Court. Venue in Dallas County is proper pursuant to § 15.002(a)(3) CPRC in that
the Defendant FN 4, Inc.’s primary place of business is in Dallas County, Texas.
IV. Parties
Plaintiff Carol Preyer (hereinafter referred to as “Plaintiff’) is a resident of the state of
Texas and resides in Wichita County, Wichita Falls, Texas.
Defendant Little Caesar Enterprises, Inc., is a Michigan corporation authorized to do
business in Texas. The Defendant may be served by servings its registered agent for the state of
Texas, C T Corporation System, 1999 Bryan St., Suite 900, Dallas, Texas 75201-3136.
Defendant FN 4, Inc., is a corporation organized and existing under the laws of Texas
whose principal office is located at 2625 Old Denton Road, Suite 413, Carrollton, Texas
75007. Defendant FN 4, Inc. may be served with process through its registered agent Felipe
Damian at 2625 Old Denton Road, Suite 413, Carrollton, Texas 75007.
V. Facts
On or about May 6, 2022, the Plaintiff was Visiting the Little Caesars Pizza located at 1501
Midwestern Parkway, Wichita Falls, Texas 76302, to purchase two pizzas. Defendant Little
Caesars Enterprises Inc. is the Franchisor and Defendant FN 4, Inc., is the Franchisee of the
aforementioned location.
When the Plaintiff was given her pizzas, she noticed that they were smaller in size then
what she ordered. The Plaintiff asked Defendants’ cashier employee why the pizzas were smaller,
and the cashier stated, “that is how it is made.” The Plaintiff then asked to speak to the Defendants’
manager, Beatrice Villalvazo, who echoed the cashier, and an argument ensued. The Plaintiff then
decided to take her pizzas and leave, but as she was walking out of the Little Caesars Pizza,
Defendants’ manager, Ms. Villalvazo, grabbed the Plaintiff from behind and threw her to the
ground and kicked her while she was on the ground. Eventually, the Defendants’ manager was
separated from the Plaintiff and the Plaintiff was discussing the incident with another one of
Defendants’ employees. Then, as the Plaintiff was once again trying to leave the Defendants’
premises, Defendants’ manager, Ms. Villalvazo, reengaged and threw a cup of liquid on the back
of the Plaintiff.
The altercation injured the Plaintiffs neck, back, right arm, right and left leg and she
continues to receive medical treatment as a result of her fall.
The impact caused Plaintiff to suffer serious bodily injuries and mental anguish.
VI. Negligence
Plaintiff respectfully incorporates all of the factual allegations in paragraph V as if set out
word for word herein.
On the occasion in question, the Plaintiff was a business invitee of the Little Caesars
location in question. The Defendants and/or their agents, officers, servants, employees, or
representatives had a legal duty to exercise reasonable care to protect business invitees of
Defendants’ Little Caesars Pizza. Therefore, the Defendants’ negligent actions or omissions,
which were the direct and proximate cause of the Plaintiffs injuries, are as follows:
l. Hiring Violent employees;
2. improperly vetting potential employees;
Failing to properly train franchisees regarding hiring practices;
Failing to properly train their employees to appropriately interact with their
customers;
Failing to properly train franchisees to appropriately interact with customers;
Failing to properly supervise their employees to prevent Violent interactions with
customers;
Failing to properly supervise franchisees to prevent Violent interactions with
customers;
The Defendants negligently retained employees.
VII. Damages
The actions and conduct of the Defendants set forth above directly and proximately
caused the Plaintiff to be seriously injured. By reason of those injuries and the damages flowing
in law therefrom, this suit is maintained. Because of the nature and severity of the injuries
sustained, Plaintiff has suffered:
1. Past and future physical pain and mental anguish;
2. Past and future disfigurement;
3. Past and fiiture physical impairment, disability, limitation of activities and loss of
enjoyment of life;
4. Past and future medical expenses;
5. Past and fiiture lost wages and loss of earning capacity.
By reason of the above, Plaintiff is entitled to recover actual damages from the
Defendants, together with prejudgment interest pursuant to Texas Finance Code Ann. § 304.102
and post judgment interest pursuant to Texas Finance Code Ann. § 304.005(a).
VIII. Jugy Demand
Plaintiff hereby demands a trial by jury.
IX. Rule 193.7 Notice
Plaintiff hereby gives actual notice to Defendants that any and all documents produced
may be used against Defendant at any pre-trial proceeding and/or at trial of this matter Without
the necessity of authenticating the documents.
X. Prayer
WHEREFORE, Premises Considered, Plaintiff prays that the Court enter judgment
against the Defendants for all actual damages suffered by Plaintiff as a direct and proximate
cause of Defendants’ negligence, and for both prejudgment and post judgment interest as
provided by law, and for such other and further relief that the Court may deem appropriate under
the circumstances.
Respectfully submitted,
Gareth Kirk
Kirk Law Firm
/s/ Gareth Kirk
Gareth Kirk
SBN: 24117970
gkirk@kirklawfirm.com
440 Louisiana St. Ste. 2425
Houston, Texas 77002
713.651.0050—phone
713.651.0051—fax
ATTORNEY FOR PLAINTIFF
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.
Erin Pierce on behalf of Gareth Kirk
Bar No. 24117970
epierce@kirklawfirm.com
Envelope ID: 73203895
Status as of 3/2/2023 10:34 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Erin Pierce epierce@kirklawfirm.com 2/28/2023 4:00:14 PM SENT
Gareth Kirk gkirk@kirklawfirm.com 2/28/2023 4:00:14 PM SENT
Kirk Law Firm eservice@kirklawfirm.com 2/28/2023 4:00:14 PM SENT
Preview
FILED 2/28/2023 4:00 PM FELICIA PITRE 2 CIT ESERVE DISTRICT CLERK DALLAS CO., TEXAS Ashley Davenport DEPUTY CAUSE NOPC'23'02721 CAROL PREYER § IN THE DISTRICT COURT OF § § VS. § DALLAS COUNTY, TEXAS § LITTLE CAESAR ENTERPRISES, INC. § 298th AND FN 4, INC. § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION COMES NOW Plaintiff Carol Preyer (hereinafter referred to as “Plaintiff ’) complains of Defendant Little Caesar Enterprises, Inc. and Defendant FN 4, Inc. (hereinafter referred to as “Defendants”) and would respectfully show the Court the following: I. Di_sc0verv Control Plan Plaintiff intends to conduct discovery in this matter under Level 3 pursuant to Tex. R. Civ. Proc. 190.4. II. Statement Regarding Monetarv Relief Soggy Pursuant to Texas Rule of Civil Procedure 47(c)(4), Plaintiff seeks monetary relief over $1,000,000.00. III. Jurisdiction and Venue The claims asserted arise under the common law of Texas. Jurisdiction is proper in this honorable Court because the amount in controversy greatly exceeds the minimum jurisdictional limits of this Court. Venue in Dallas County is proper pursuant to § 15.002(a)(3) CPRC in that the Defendant FN 4, Inc.’s primary place of business is in Dallas County, Texas. IV. Parties Plaintiff Carol Preyer (hereinafter referred to as “Plaintiff’) is a resident of the state of Texas and resides in Wichita County, Wichita Falls, Texas. Defendant Little Caesar Enterprises, Inc., is a Michigan corporation authorized to do business in Texas. The Defendant may be served by servings its registered agent for the state of Texas, C T Corporation System, 1999 Bryan St., Suite 900, Dallas, Texas 75201-3136. Defendant FN 4, Inc., is a corporation organized and existing under the laws of Texas whose principal office is located at 2625 Old Denton Road, Suite 413, Carrollton, Texas 75007. Defendant FN 4, Inc. may be served with process through its registered agent Felipe Damian at 2625 Old Denton Road, Suite 413, Carrollton, Texas 75007. V. Facts On or about May 6, 2022, the Plaintiff was Visiting the Little Caesars Pizza located at 1501 Midwestern Parkway, Wichita Falls, Texas 76302, to purchase two pizzas. Defendant Little Caesars Enterprises Inc. is the Franchisor and Defendant FN 4, Inc., is the Franchisee of the aforementioned location. When the Plaintiff was given her pizzas, she noticed that they were smaller in size then what she ordered. The Plaintiff asked Defendants’ cashier employee why the pizzas were smaller, and the cashier stated, “that is how it is made.” The Plaintiff then asked to speak to the Defendants’ manager, Beatrice Villalvazo, who echoed the cashier, and an argument ensued. The Plaintiff then decided to take her pizzas and leave, but as she was walking out of the Little Caesars Pizza, Defendants’ manager, Ms. Villalvazo, grabbed the Plaintiff from behind and threw her to the ground and kicked her while she was on the ground. Eventually, the Defendants’ manager was separated from the Plaintiff and the Plaintiff was discussing the incident with another one of Defendants’ employees. Then, as the Plaintiff was once again trying to leave the Defendants’ premises, Defendants’ manager, Ms. Villalvazo, reengaged and threw a cup of liquid on the back of the Plaintiff. The altercation injured the Plaintiffs neck, back, right arm, right and left leg and she continues to receive medical treatment as a result of her fall. The impact caused Plaintiff to suffer serious bodily injuries and mental anguish. VI. Negligence Plaintiff respectfully incorporates all of the factual allegations in paragraph V as if set out word for word herein. On the occasion in question, the Plaintiff was a business invitee of the Little Caesars location in question. The Defendants and/or their agents, officers, servants, employees, or representatives had a legal duty to exercise reasonable care to protect business invitees of Defendants’ Little Caesars Pizza. Therefore, the Defendants’ negligent actions or omissions, which were the direct and proximate cause of the Plaintiffs injuries, are as follows: l. Hiring Violent employees; 2. improperly vetting potential employees; Failing to properly train franchisees regarding hiring practices; Failing to properly train their employees to appropriately interact with their customers; Failing to properly train franchisees to appropriately interact with customers; Failing to properly supervise their employees to prevent Violent interactions with customers; Failing to properly supervise franchisees to prevent Violent interactions with customers; The Defendants negligently retained employees. VII. Damages The actions and conduct of the Defendants set forth above directly and proximately caused the Plaintiff to be seriously injured. By reason of those injuries and the damages flowing in law therefrom, this suit is maintained. Because of the nature and severity of the injuries sustained, Plaintiff has suffered: 1. Past and future physical pain and mental anguish; 2. Past and future disfigurement; 3. Past and fiiture physical impairment, disability, limitation of activities and loss of enjoyment of life; 4. Past and future medical expenses; 5. Past and fiiture lost wages and loss of earning capacity. By reason of the above, Plaintiff is entitled to recover actual damages from the Defendants, together with prejudgment interest pursuant to Texas Finance Code Ann. § 304.102 and post judgment interest pursuant to Texas Finance Code Ann. § 304.005(a). VIII. Jugy Demand Plaintiff hereby demands a trial by jury. IX. Rule 193.7 Notice Plaintiff hereby gives actual notice to Defendants that any and all documents produced may be used against Defendant at any pre-trial proceeding and/or at trial of this matter Without the necessity of authenticating the documents. X. Prayer WHEREFORE, Premises Considered, Plaintiff prays that the Court enter judgment against the Defendants for all actual damages suffered by Plaintiff as a direct and proximate cause of Defendants’ negligence, and for both prejudgment and post judgment interest as provided by law, and for such other and further relief that the Court may deem appropriate under the circumstances. Respectfully submitted, Gareth Kirk Kirk Law Firm /s/ Gareth Kirk Gareth Kirk SBN: 24117970 gkirk@kirklawfirm.com 440 Louisiana St. Ste. 2425 Houston, Texas 77002 713.651.0050—phone 713.651.0051—fax ATTORNEY FOR PLAINTIFF 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. Erin Pierce on behalf of Gareth Kirk Bar No. 24117970 epierce@kirklawfirm.com Envelope ID: 73203895 Status as of 3/2/2023 10:34 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Erin Pierce epierce@kirklawfirm.com 2/28/2023 4:00:14 PM SENT Gareth Kirk gkirk@kirklawfirm.com 2/28/2023 4:00:14 PM SENT Kirk Law Firm eservice@kirklawfirm.com 2/28/2023 4:00:14 PM SENT