Preview
FILED
3/21/2023 9:56 AM
2 C'T ESERVE msFTEFElS'TAcPL'ESE
JURY DEMAND DALLAS 00., TEXAS
Kajuana Cook DEPUTY
DC-23-03798
CAUSE NO.
LORI MARTINEZ, § IN DISTRICT COURT
§
Plaintiff, §
§
v. § OF DALLAS COUNTY, TEXAS
§
AIRBNB, INC. and LYDIA MILLER, §
§ 134th
Defendants. § JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff LORI MARTINEZ (hereinafter “Plaintiff’) and files this, her
Original Petition, complaining of AIRBNB, INC. and LYDIA MILLER (hereinafter
“Defendants”), and respectfully shows as follows:
I. DISCOVERY LEVEL
l. Pursuant to Texas Rule of Civil Procedure 190, discovery in this suit is to be conducted
under Level 3.d
II. RULE 47 STATEMENT 0F MONETARY RELIEF SOUGHT
2. As required by Rule 47(b) of the Texas Rules of Civil Procedure, the damages sought are
Within the jurisdictional limits of this Court. As required by Rule 47(c) of the Texas Rules of Civil
Procedure, Plaintiffs seek monetary relief over $250,000 but not more than $1,000,000. TEX. R.
CIV. P. 47(c)(3). The amount of monetary relief actually awarded, however, will ultimately be
decided by a jury. Plaintiffs also seeks prejudgment and post-judgment interest at the highest
allowable legal rate.
PLAINTIFF’s ORIGINAL PETITION PAGE 1 0F 8
III. PARTIES
3. Plaintiff LORI MARTINEZ (hereinafter “Martinez”) is an individual residing in Dallas,
Dallas County, Texas. The last three digits of her Social Security number are 754. The last three
digits of her Texas Driver’s License number are 510.
4. Defendant AIRBNB, INC. (hereinafter “Airbnb”) is a foreign corporation doing business
in the state of Texas with a principal place of business located in San Francisco, California.
Defendant Airbnb may be served with process by serving its registered agent, Corporation Service
Company d/b/a CSC-Lawyers Inco, at 211 E. 7th Street, Suite 620, Austin, TX 78701 or Wherever
it may be found. Issuance of citation is requested at this time.
5. Defendant LYDIA MILLER (hereinafter “Miller”) is an individual residing in Dallas
County, at 2923 W Ledbetter Drive, Dallas, Texas 75233. The last three digits of her Social
Security number are currently unknown and will be supplemented. The last three digits of her
Texas Driver’s License number are 526. Defendant Miller may be served at her place of residence
or Wherever she may be found. Issuance of citation is requested at this time.
IV. VENUE
6. Venue is proper in the County Court at Law of Dallas County according to Texas Civil
Practice & Remedies Code section 15.002(a) because Dallas County is the county in which all or
a substantial part of the events or omissions giving rise to the claim occurred.
V. FACTUAL BACKGROUND
7. This is a suit for negligence, premises liability, and gross negligence. On or about
September 20, 2022, Plaintiff Martinez checked into Defendant Airbnb’s rental property located
at 2923 W Ledbetter Drive, Dallas, Texas 75233 (the “Premises”). Defendant Miller was
Defendant Airbnb’s host and owner of the Premises. The Premises consisted of: (1) a main house
PLAINTIFF’S ORIGINAL PETITION PAGE 2 0F 8
occupied by Defendant Miller; (2) a small guest house in the backyard (the “Guest House”); and
(3) a single ingress/egress point to get to the Guest House along a pathway next to the main house.
8. Plaintiff Martinez booked the Guest House for a two-night stay. Upon Plaintiff Martinez’s
arrival, Defendant Miller instructed Plaintiff Martinez to park her vehicle in front of an orange
cone near the side pathway and access the Guest House Via the side pathway only. Defendant
Miller did not give Plaintiff Martinez any alternative methods of ingress or egress and required
Plaintiff Martinez to use the side pathway to access the Guest House.
9. On or about September 21, 2022, the second night of Plaintiff Martinez’s stay, Plaintiff
Martinez attempted to leave the Guest House after nightfall. The side pathway’s exterior lights
were off and the entire area was dark. Plaintiff Martinez attempted to contact Defendant Miller
multiple times to turn on the exterior lights. Plaintiff Martinez did not get any response. Plaintiff
Martinez contacted Defendant Airbnb’s guest support number, but Defendant Airbnb was unable
to help Plaintiff Martinez. Without any other options for leaving the Guest House, Plaintiff entered
the dark side pathway.
10. As Plaintiff Martinez was on the dark side pathway, Plaintiff Martinez struck her left foot
on one of the large cement stepping stones strewn on the ground to the side of the pathway, causing
Plaintiff Martinez to fall over onto her knee (the “Incident”). As a result of the Incident, Plaintiff
Martinez suffered serious injury, including a left foot fracture.
VI. CAUSE 0F ACTION AGAINST DEFENDANTS — NEGLIGENCE
11. Plaintiff incorporates the prior facts and circumstance as if laid out fully here.
12. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendants Airbnb
and Miller for negligence.
l3. At the time of the Incident, Plaintiff Martinez was an invitee on the Premises because she
paid Defendants Airbnb and Miller for the right to occupy the Guest House. Defendants Airbnb
PLAINTIFF’S ORIGINAL PETITION PAGE 3 0F 8
and Miller, by ownership, lease, contract, agreement, operation, and control, had a duty to use
ordinary care to maintain the Premises in a safe and proper manner, and a duty to make safe or
warn about any concealed, unreasonably dangerous conditions it was aware of or should have been
aware of on the Premises.
14. Defendants Airbnb and Miller did not exercise the required level of care as ordinarily
prudent owners would or would not have done under the same or similar circumstances.
Defendants Airbnb and Miller breached their duties owed to Plaintiff, resulting in injuries and
damages that were proximately caused by the negligent conduct of Defendants Airbnb and Miller
in one or more of the following respects:
a. Failure to properly inspect the Premises for unsafe conditions;
b. Failure to provide adequate warnings to Plaintiff of the dangerous condition;
Failure to inform Plaintiff of the defective nature of the condition;
Failure to implement adequate policies and procedures for the inspection and
maintenance of the Premises;
Failure to act to protect Plaintiff from harm;
Failure to take reasonable measures to protect Plaintiff and other invitees from a
foreseeable risk of harm;
Permitting the side pathway on the Premises to remain in an unreasonably dangerous
condition;
Failure to install or have proper exterior lighting on the side pathway that was
accessible to guests as the side pathway was the required and only ingress/egress point
for the Guest House;
Installing or failure to remove large, cement stepping stones placed on the ground on
or near the side pathway; and
PLAINTIFF’S ORIGINAL PETITION PAGE 4 0F 8
j. Any acts or omissions regarding the failure to properly inspect, repair, or warn about
the defective and unreasonably dangerous side pathway of the Premises.
15. Each of these negligent acts and/or omissions, singularly or in combination with others,
constituted negligence that proximately caused the occurrence made the basis of this action and
Plaintiff’s injuries and damages.
VII. CAUSE 0F ACTION AGAINST DEFENDANTS — PREMISES LIABILITY
16. Plaintiff incorporates the prior facts and circumstances as if laid out fully here.
l7. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendants Airbnb
and Miller for premises liability.
18. Defendants Airbnb and Miller owned or were in possession of the Premises at the time of
the Incident. Plaintiff Martinez was an invitee on the Premises because she paid Defendants Airbnb
and Miller for the right to occupy the Guest House.
19. Defendants Airbnb and Miller knew or should have known the condition on the Premises
created an unreasonable risk of harm. Specifically, Defendants Airbnb and Miller knew or should
have known of the unreasonably dangerous conditions located on the dark side pathway (the only
ingress/egress point to the Guest House) posed a serious risk of injury to any of its invitees.
Defendants Airbnb and Miller knew or should have known the conditions on the side pathway
created an unreasonable danger that would have been unexpected and unforeseeable to others,
including Plaintiff.
20. Defendants Airbnb and Miller had a duty to use ordinary care to ensure the Premises did
not present a danger to Plaintiff. This duty includes the duty to inspect and a duty to warn or make
the unreasonably dangerous condition reasonably safe. Defendant Airbnb’s and Defendant
Miller’s breach of this duty proximately caused Plaintiff s injuries and damages. Additionally,
Plaintiff did not have actual knowledge of the unreasonably dangerous condition.
PLA1NTIFF’S ORIGINAL PETITION PAGE 5 0F 8
VIII. CAUSE 0F ACTION AGAINST DEFENDANTS — GROSS NEGLIGENCE
21. Plaintiff incorporates the prior facts and circumstances as if laid out fully here.
22. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendants Airbnb
and Miller for gross negligence.
23. The conduct of Defendants Airbnb and Miller, as outlined above, was grossly negligent.
When Viewed objectively from the standpoint of Defendants at the time of the acts or omissions,
Defendants’ conduct involved an extreme degree of risk considering the probability and magnitude
of the potential harm to others. Further, Defendants Airbnb and Miller had an actual subjective
awareness of the risk involved, but, nevertheless, proceeded with conscious indifference to the
rights, safety, or welfare of others.
24. The grossly negligent conduct of Defendants Airbnb and Miller proximately caused the
occurrence made the basis of this action and Plaintiff s injuries and damages. Therefore, Plaintiff
is entitled to exemplary damages under section 41 .003 (a) of the Texas Civil Practice & Remedies
Code.
IX. PLAINTIFF’S DAMAGES
25. As a direct and proximate result of the acts and omissions of Defendants Airbnb and Miller,
Plaintiff Martinez has suffered bodily injuries and damages. As a result of those injuries and
damages, Plaintiff Martinez seeks the following:
a. Reasonable and necessary medical expenses incurred in the past and likely to be
incurred in the future;
b. Physical pain and mental anguish sustained in the past and likely to be sustained in
the future;
c. Physical disfigurement sustained in the past and likely to be sustained in the future;
d. Physical impairment sustained in the past and likely to be sustained in the future;
PLAINTIFF’S ORIGINAL PETITION PAGE 6 0F 8
e. Lost wages in the past and likely in the future;
f. Lost earning capacity both in the past and in the future;
g. Exemplary damages;
h. Prejudgment interest;
i. Post-judgment interest;
j. Cost of court; and
k. All other relief, special or general, legal or equitable, to which Plaintiff is justly
entitled.
26. Plaintiff requests that a jury be convened to try the factual issues in this cause.
XI. NOTICE PURSUANT To TRCP 193.7
27. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives notice
to all Defendants of Plaintiffs intent to use all documents exchanged and produced between the
parties (including but not limited to, correspondence, pleadings, records, and discovery responses)
during any pre-trial proceeding and at the trial of this cause.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to
appear and answer herein and upon the trial of this cause, Plaintiff has judgment against
Defendants for all of her damages as set out herein, prejudgment interest at the highest legal rate
allowed by law, post-judgment interest at the highest legal rate allowed by law, all costs of court,
and for such other and further relief, both general and special, at law or in equity, to which Plaintiff
may be justly entitled.
(signature on next page)
PLAINTIFF’s ORIGINAL PETITION PAGE 7 0F 8
Respectfully submitted,
BENNETT INJURY LAW
/s/ Charles A. Bennett
CHARLES A. BENNETT
State Bar No. 24086454
cbennett@bennettinjurylaw.com
ANDREW J. KLOPFER
State Bar No. 24120947
aklopfer@bennettinjurylaw.com
OMAR B. ITAN I
State Bar No. 24131991
omar@bennettinjurylaw.com
12770 Coit Road, Suite 720
Dallas, Texas 75251
Phone: (972) 972-4969
Facsimne: (469) 754-0088
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION PAGE 8 0F 8
Preview
FILED 3/21/2023 9:56 AM 2 C'T ESERVE msFTEFElS'TAcPL'ESE JURY DEMAND DALLAS 00., TEXAS Kajuana Cook DEPUTY DC-23-03798 CAUSE NO. LORI MARTINEZ, § IN DISTRICT COURT § Plaintiff, § § v. § OF DALLAS COUNTY, TEXAS § AIRBNB, INC. and LYDIA MILLER, § § 134th Defendants. § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff LORI MARTINEZ (hereinafter “Plaintiff’) and files this, her Original Petition, complaining of AIRBNB, INC. and LYDIA MILLER (hereinafter “Defendants”), and respectfully shows as follows: I. DISCOVERY LEVEL l. Pursuant to Texas Rule of Civil Procedure 190, discovery in this suit is to be conducted under Level 3.d II. RULE 47 STATEMENT 0F MONETARY RELIEF SOUGHT 2. As required by Rule 47(b) of the Texas Rules of Civil Procedure, the damages sought are Within the jurisdictional limits of this Court. As required by Rule 47(c) of the Texas Rules of Civil Procedure, Plaintiffs seek monetary relief over $250,000 but not more than $1,000,000. TEX. R. CIV. P. 47(c)(3). The amount of monetary relief actually awarded, however, will ultimately be decided by a jury. Plaintiffs also seeks prejudgment and post-judgment interest at the highest allowable legal rate. PLAINTIFF’s ORIGINAL PETITION PAGE 1 0F 8 III. PARTIES 3. Plaintiff LORI MARTINEZ (hereinafter “Martinez”) is an individual residing in Dallas, Dallas County, Texas. The last three digits of her Social Security number are 754. The last three digits of her Texas Driver’s License number are 510. 4. Defendant AIRBNB, INC. (hereinafter “Airbnb”) is a foreign corporation doing business in the state of Texas with a principal place of business located in San Francisco, California. Defendant Airbnb may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC-Lawyers Inco, at 211 E. 7th Street, Suite 620, Austin, TX 78701 or Wherever it may be found. Issuance of citation is requested at this time. 5. Defendant LYDIA MILLER (hereinafter “Miller”) is an individual residing in Dallas County, at 2923 W Ledbetter Drive, Dallas, Texas 75233. The last three digits of her Social Security number are currently unknown and will be supplemented. The last three digits of her Texas Driver’s License number are 526. Defendant Miller may be served at her place of residence or Wherever she may be found. Issuance of citation is requested at this time. IV. VENUE 6. Venue is proper in the County Court at Law of Dallas County according to Texas Civil Practice & Remedies Code section 15.002(a) because Dallas County is the county in which all or a substantial part of the events or omissions giving rise to the claim occurred. V. FACTUAL BACKGROUND 7. This is a suit for negligence, premises liability, and gross negligence. On or about September 20, 2022, Plaintiff Martinez checked into Defendant Airbnb’s rental property located at 2923 W Ledbetter Drive, Dallas, Texas 75233 (the “Premises”). Defendant Miller was Defendant Airbnb’s host and owner of the Premises. The Premises consisted of: (1) a main house PLAINTIFF’S ORIGINAL PETITION PAGE 2 0F 8 occupied by Defendant Miller; (2) a small guest house in the backyard (the “Guest House”); and (3) a single ingress/egress point to get to the Guest House along a pathway next to the main house. 8. Plaintiff Martinez booked the Guest House for a two-night stay. Upon Plaintiff Martinez’s arrival, Defendant Miller instructed Plaintiff Martinez to park her vehicle in front of an orange cone near the side pathway and access the Guest House Via the side pathway only. Defendant Miller did not give Plaintiff Martinez any alternative methods of ingress or egress and required Plaintiff Martinez to use the side pathway to access the Guest House. 9. On or about September 21, 2022, the second night of Plaintiff Martinez’s stay, Plaintiff Martinez attempted to leave the Guest House after nightfall. The side pathway’s exterior lights were off and the entire area was dark. Plaintiff Martinez attempted to contact Defendant Miller multiple times to turn on the exterior lights. Plaintiff Martinez did not get any response. Plaintiff Martinez contacted Defendant Airbnb’s guest support number, but Defendant Airbnb was unable to help Plaintiff Martinez. Without any other options for leaving the Guest House, Plaintiff entered the dark side pathway. 10. As Plaintiff Martinez was on the dark side pathway, Plaintiff Martinez struck her left foot on one of the large cement stepping stones strewn on the ground to the side of the pathway, causing Plaintiff Martinez to fall over onto her knee (the “Incident”). As a result of the Incident, Plaintiff Martinez suffered serious injury, including a left foot fracture. VI. CAUSE 0F ACTION AGAINST DEFENDANTS — NEGLIGENCE 11. Plaintiff incorporates the prior facts and circumstance as if laid out fully here. 12. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendants Airbnb and Miller for negligence. l3. At the time of the Incident, Plaintiff Martinez was an invitee on the Premises because she paid Defendants Airbnb and Miller for the right to occupy the Guest House. Defendants Airbnb PLAINTIFF’S ORIGINAL PETITION PAGE 3 0F 8 and Miller, by ownership, lease, contract, agreement, operation, and control, had a duty to use ordinary care to maintain the Premises in a safe and proper manner, and a duty to make safe or warn about any concealed, unreasonably dangerous conditions it was aware of or should have been aware of on the Premises. 14. Defendants Airbnb and Miller did not exercise the required level of care as ordinarily prudent owners would or would not have done under the same or similar circumstances. Defendants Airbnb and Miller breached their duties owed to Plaintiff, resulting in injuries and damages that were proximately caused by the negligent conduct of Defendants Airbnb and Miller in one or more of the following respects: a. Failure to properly inspect the Premises for unsafe conditions; b. Failure to provide adequate warnings to Plaintiff of the dangerous condition; Failure to inform Plaintiff of the defective nature of the condition; Failure to implement adequate policies and procedures for the inspection and maintenance of the Premises; Failure to act to protect Plaintiff from harm; Failure to take reasonable measures to protect Plaintiff and other invitees from a foreseeable risk of harm; Permitting the side pathway on the Premises to remain in an unreasonably dangerous condition; Failure to install or have proper exterior lighting on the side pathway that was accessible to guests as the side pathway was the required and only ingress/egress point for the Guest House; Installing or failure to remove large, cement stepping stones placed on the ground on or near the side pathway; and PLAINTIFF’S ORIGINAL PETITION PAGE 4 0F 8 j. Any acts or omissions regarding the failure to properly inspect, repair, or warn about the defective and unreasonably dangerous side pathway of the Premises. 15. Each of these negligent acts and/or omissions, singularly or in combination with others, constituted negligence that proximately caused the occurrence made the basis of this action and Plaintiff’s injuries and damages. VII. CAUSE 0F ACTION AGAINST DEFENDANTS — PREMISES LIABILITY 16. Plaintiff incorporates the prior facts and circumstances as if laid out fully here. l7. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendants Airbnb and Miller for premises liability. 18. Defendants Airbnb and Miller owned or were in possession of the Premises at the time of the Incident. Plaintiff Martinez was an invitee on the Premises because she paid Defendants Airbnb and Miller for the right to occupy the Guest House. 19. Defendants Airbnb and Miller knew or should have known the condition on the Premises created an unreasonable risk of harm. Specifically, Defendants Airbnb and Miller knew or should have known of the unreasonably dangerous conditions located on the dark side pathway (the only ingress/egress point to the Guest House) posed a serious risk of injury to any of its invitees. Defendants Airbnb and Miller knew or should have known the conditions on the side pathway created an unreasonable danger that would have been unexpected and unforeseeable to others, including Plaintiff. 20. Defendants Airbnb and Miller had a duty to use ordinary care to ensure the Premises did not present a danger to Plaintiff. This duty includes the duty to inspect and a duty to warn or make the unreasonably dangerous condition reasonably safe. Defendant Airbnb’s and Defendant Miller’s breach of this duty proximately caused Plaintiff s injuries and damages. Additionally, Plaintiff did not have actual knowledge of the unreasonably dangerous condition. PLA1NTIFF’S ORIGINAL PETITION PAGE 5 0F 8 VIII. CAUSE 0F ACTION AGAINST DEFENDANTS — GROSS NEGLIGENCE 21. Plaintiff incorporates the prior facts and circumstances as if laid out fully here. 22. Pursuant to Texas state law, Plaintiff pleads a cause of action against Defendants Airbnb and Miller for gross negligence. 23. The conduct of Defendants Airbnb and Miller, as outlined above, was grossly negligent. When Viewed objectively from the standpoint of Defendants at the time of the acts or omissions, Defendants’ conduct involved an extreme degree of risk considering the probability and magnitude of the potential harm to others. Further, Defendants Airbnb and Miller had an actual subjective awareness of the risk involved, but, nevertheless, proceeded with conscious indifference to the rights, safety, or welfare of others. 24. The grossly negligent conduct of Defendants Airbnb and Miller proximately caused the occurrence made the basis of this action and Plaintiff s injuries and damages. Therefore, Plaintiff is entitled to exemplary damages under section 41 .003 (a) of the Texas Civil Practice & Remedies Code. IX. PLAINTIFF’S DAMAGES 25. As a direct and proximate result of the acts and omissions of Defendants Airbnb and Miller, Plaintiff Martinez has suffered bodily injuries and damages. As a result of those injuries and damages, Plaintiff Martinez seeks the following: a. Reasonable and necessary medical expenses incurred in the past and likely to be incurred in the future; b. Physical pain and mental anguish sustained in the past and likely to be sustained in the future; c. Physical disfigurement sustained in the past and likely to be sustained in the future; d. Physical impairment sustained in the past and likely to be sustained in the future; PLAINTIFF’S ORIGINAL PETITION PAGE 6 0F 8 e. Lost wages in the past and likely in the future; f. Lost earning capacity both in the past and in the future; g. Exemplary damages; h. Prejudgment interest; i. Post-judgment interest; j. Cost of court; and k. All other relief, special or general, legal or equitable, to which Plaintiff is justly entitled. 26. Plaintiff requests that a jury be convened to try the factual issues in this cause. XI. NOTICE PURSUANT To TRCP 193.7 27. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives notice to all Defendants of Plaintiffs intent to use all documents exchanged and produced between the parties (including but not limited to, correspondence, pleadings, records, and discovery responses) during any pre-trial proceeding and at the trial of this cause. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to appear and answer herein and upon the trial of this cause, Plaintiff has judgment against Defendants for all of her damages as set out herein, prejudgment interest at the highest legal rate allowed by law, post-judgment interest at the highest legal rate allowed by law, all costs of court, and for such other and further relief, both general and special, at law or in equity, to which Plaintiff may be justly entitled. (signature on next page) PLAINTIFF’s ORIGINAL PETITION PAGE 7 0F 8 Respectfully submitted, BENNETT INJURY LAW /s/ Charles A. Bennett CHARLES A. BENNETT State Bar No. 24086454 cbennett@bennettinjurylaw.com ANDREW J. KLOPFER State Bar No. 24120947 aklopfer@bennettinjurylaw.com OMAR B. ITAN I State Bar No. 24131991 omar@bennettinjurylaw.com 12770 Coit Road, Suite 720 Dallas, Texas 75251 Phone: (972) 972-4969 Facsimne: (469) 754-0088 ATTORNEYS FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION PAGE 8 0F 8