Party Notice: Blanca Villanueva vs. Sam's Club

On November 04, 2022 a Party Notice was filed involving a dispute between Villanueva, Blanca, and Sam'S Club, for Personal Injury in the District Court of Galveston County.

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Filed: 12/7/2022 3:03 PM
J OHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 70794664
By: Lisa Kelly
12/7/2022 3:08 PM

Cause No. 22-CV-2133

BLANCA VILLANUEVA § IN THE DISTRICT COURT

vs. § OF GALVESTON COUNTY, TEXAS

SAM’S CLUB 122 JUDICIAL DISTRICT
DEPENDA T’S S NOTICE
DEFENDANNT OF
iwc“. eS FILING eee OF REMOVAL
NOTICE eee eee

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, DEFENDANT, SAM’S EAST, INC., incorrectly named as SAM’S

CLUB, and on this date, December 7, 2022, files this Notice of Filing Notice of Removal, a copy

of which is attached hereto, in the office of the Clerk of the United States District Court for the

Southern District of Texas, Galveston Division.

Respectfully submitted,

BUSH & RAMIREZ, PLLC

/s/ John A. Ramirez
John A. Ramirez
State Bar No. 00798450
Zachary D. Wilson
State Bar No. 24106586
5615 Kirby Drive, Suite 900
Houston, Texas 77005
Telephone: (713) 626-1555
Facsimile: (713) 622-8077
jramirez.atty@bushramirez.com
wilson.atty@bushramirez.com

ATTORNEYS FOR DEFENDANT,
SAM’S EAST, INC.
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing instrument has been sent to all interested
counsel of record in accordance with the TEXAS RULES OF CIVIL PROCEDURE on this 7" day of
December 2022.

Michael G. Martinez
3112 Hidalgo St.
Irving, Texas 75026

/s/ John A. Ramirez
John A. Ramirez

Defendant’s Notice of Filing Notice of Removal
Page 2 of 2
Complaints and Other Initiating Documents
3:22-cv-00414 Villanueva v. Sam's East, Inc.

U.S. District Court

SOUTHERN DISTRICT OF TEXAS

Notice of Electronic Filing

The following transaction was entered by Ramirez, John on 12/7/2022 at 2:23 PM CST and filed on 12/7/2022
Case Name: Villanueva v. Sam's East, Inc.
Case Number: 3:22-cv-00414
Filer: Sam's East, Inc.
Document Number: 1

Docket Text:
NOTICE OF REMOVAL from 122nd District, Galveston, case number 22CV2133 (Filing fee $ 402
receipt number ATXSDC-29167384) filed by Sam's East, Inc.. (Attachments: # (1) Civil Cover
Sheet Civil Cover Sheet, # (2) Exhibit Plaintiff's Original Petition, # (3) Exhibit Original Answer
(State Court), # (4) Exhibit Jury Demand (State Court))(Ramirez, John)

3:22-cv-00414 Notice has been electronically mailed to:

Blanca Villanueva mikegmartinezlaw@gmail.com

John A. Ramirez jramirez.atty@bushramirez.com, equattrucci@bushramirez.com, pchavis@bushramirez.com,
sburnett@bushramirez.com

3:22-cv-00414 Notice has not been electronically mailed to:

The following document(s) are associated with this transaction:

Document description:Main Document
Original filename:n/a
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Document description:Civil Cover Sheet Civil Cover Sheet
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Document description:Exhibit Plaintiff's Original Petition
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Electronic document Stamp:
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Document description:Exhibit Jury Demand (State Court)
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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION

BLANCA VILLANUEVA
PLAINTIFF,

Vv
CIVIL ACTION NO.
SAM’S EAST, INC.
DEFENDANT. § DEFENDANT DEMANDS A JURY

DEFENDANT SAM’S EAST, INC.’S
NOTICE OF REMOVAL

TO THE HONORABLE UNITED STATES DISTRICT COURT:

COMES NOW, DEFENDANT SAM’S EAST, INC., incorrectly named as SAM’S CLUB

(“Defendant”), and files this Notice of Removal pursuant to 28 U.S.C. §§ 1441 and 1332.

I
INTRODUCTION

1 Pursuant to 28 U.S.C. § 1441, et seq., this civil action is removed from the 122™¢

Judicial District Court, where this matter was pending under Cause No. 22-CV-2133, in a matter

styled Blanca Villanueva vs. Sam's Club (the “State Court Action”).

I.
RELEVANT FACTS

2 Plaintiff, Blanca Villanueva (hereinafter “Plaintiff’), claims she tripped and fell on

a cart being pulled by a Sam’s Club employee at a Sam’s Club in La Marque, Texas, on July 5,

2022. See Pl.’s Orig. Pet. (Ex. A) at § IV. Plaintiff claims she sustained personal injuries as a result

of the alleged slip-and-fall. See id. Plaintiff asserts claims of negligence and gross negligence

Defendant’s Notice of Removal Page 1 of S
under a theory of premises liability. See id. at § V. Plaintiffs lawsuit expressly alleges she is

seeking damages in a sum over $250,000.00. See id. at § XIII.

Il.
TIMELINESS OF REMOVAL

a Plaintiff commenced this lawsuit by filing her Original Petition on November 4,

2022. Defendant accepted service on November 10, 2022, through its agent, CT Corporation

System.

4 Defendant now timely files this Notice of Removal within 30 days after it was

served with Plaintiff's lawsuit. 28 U.S.C. § 1446.

Iv.
BASIS FOR REMOVAL JURISDICTION

5 Removal is proper under 28 U.S.C. §§ 1441 and 1332 because there is complete

diversity of citizenship between the parties, and the amount in controversy exceeds $75,000,

exclusive of interest and costs.

6 At the time of the filing of this Petition, Plaintiff was, and is still, a citizen of Texas.

See Pl.’s Orig. Pet. (Ex. A) at § II.

7 Plaintiff sued Sam’s Club. Sam’s East, Inc. is the proper party for purposes of

litigating the merits of this case, as it actually operated the Sam’s Club store at all times relevant

to this matter. Defendant Sam’s East, Inc. is now and was at the time of filing of this action a

corporation incorporated in Delaware and under the laws of Delaware with its principal place of

business in Arkansas. A corporation is ““‘a citizen of every State and foreign state by which it has
”
been incorporated and of the State or foreign state where it has its principal place of business.

MidCap Media Fin., L.L.C. v. Pathway Data, Inc., 929 F.3d 310, 314 (Sth Cir. 2019) (quoting 28

U.S.C. § 1332(c)(1)). Therefore, Sam’s East, Inc. is a citizen of Delaware and Arkansas.

Defendant’s Notice of Removal Page 2 of S
8 Accordingly, for diversity purposes, Defendant Sam’s East, Inc. is a citizen of

Delaware and Arkansas.

9. Thus, this lawsuit is between citizens of different states, and there is complete

diversity of citizenship between Plaintiff and Defendant pursuant to 28 U.S.C. § 1332.

10. Plaintiff's lawsuit expressly alleges she is seeking damages in excess of

$250,000.00. See Pl.’s Orig. Pet. (Ex. A) at § XIII. Thus, based on all information currently known

by or available to Defendant, Plaintiff's pleadings admit that the amount in controversy exceeds

the jurisdictional minimum for removal to this Court.

Vv.
THIS NOTICE IS PROCEDURALLY CORRECT

11. Based on the aforementioned facts, the State Court Action may be removed to this

Court by Defendant in accordance with the provisions of 28 U.S.C. § 1441(a) because: (i) this

action is a civil action pending within the jurisdiction of the United States District Court for the

Southern District of Texas; (ii) this action is between citizens of different states; and (iii) the

amount in controversy exceeds $75,000.00, exclusive of interest and costs as specifically plead in

the Petition.

12. Defendant is also filing with the Notice of Removal a completed Civil Cover Sheet

and Supplement Civil Cover Sheet.

13. Defendant retains the right to supplement the jurisdictional allegations by affidavit,

declaration or otherwise, should Plaintiff challenge the allegations in a motion to remand or other

filing.

14. In accordance with 28 U.S.C. § 1446(d), written notice of the filing of this Notice

of Removal will be given to all parties and to the Clerk of the 122"4 Judicial District, where this

Defendant’s Notice of Removal Page 3 of 5
matter was pending under Cause No. 22-CV-2133, in a matter styled Blanca Villanueva vs. Sam's

Club.

15. Ajury trial has been demanded in the State Court Action by Defendant.

16. Trial has not commenced in the 122™ Judicial District Court.

VI.
CONCLUSION

17. Since diversity jurisdiction exists over Plaintiff's claim as set forth in Plaintiff's

Original Petition, Defendant desires and is entitled to remove the lawsuit filed in the 122" Judicial

District Court, to the United States District Court for the Southern District of Texas, Galveston

Division.

WHEREFORE, Defendant Sam’s East, Inc. files this Notice of Removal pursuant to and

in conformance with the statutory requirements and removes this action from the 122" Judicial

District Court.

Respectfully submitted,

BUSH & RAMIREZ, PLLC

4s/ John A. Ramirez
John A. Ramirez
State Bar No. 00798450
Federal ID No. 21280
5615 Kirby Drive, Suite 900
Houston, Texas 77005
Telephone: (713) 626-1555
Facsimile: (713) 622-8077
jramirez.atty@bushramirez.com

ATTORNEY FOR DEFENDANT,
SAM’S EAST, INC.

Defendant’s Notice of Removal Page 4 of 5
CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing instrument has been sent to all interested
counsel of record in accordance with the FEDERAL RULES OF CIVIL PROCEDURE on this 7th day of
December 2022.

Michael G. Martinez
3112 Hidalgo St.
Irving, Texas 75026

/s/ John A. Ramirez
John A. Ramirez

Defendant’s Notice of Removal Page 5 of 5
CT Corporation
Wolters Kluwer Service of Process Notification
11/10/2022
CT Log Number 542657938

Service of Process Transmittal Summary

TO: KIM LUNDY- EMAIL
‘Walmart Inc.
GLOBAL GOVERNANCE/CENTRAL INTAKE, 2914 SE I STREET MS#0200
BENTONVILLE, AR 72712-3148

RE: Process Served in Texas

FOR: SAM'S CLUB (Assumed Name) (Domestic State: DE)
‘WALMART INC. (True Name)

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS:

TITLE OF ACTION: Re: VILLANUEVA BLANCA // To: WALMART INC.

DOCUMENT(S) SERVED: Citation, Petition

COURT/AGENCY: 122nd Judicial District Court of Galveston County, TX
Case # 22CV2133

(NATURE OF ACTION: Personal Injury - Stip/Trip and Fall - 07/05/2022, Sam's Club located at 6614 Gulf
Freeway, La Marque, Texas

PROCESS SERVED ON: CT Corporation System, Dallas, TX

DATE/METHOD OF SERVICE: By Traceable Mail on 11/10/2022 postmarked on 11/08/2022

JURISDICTION SERVED: Texas
APPEARANCE OR ANSWER DUE: By 10:00 a.m. on the Monday next following the expiration of 20 days from the date of
service
ATTORNEY(S)/SENDER(S): Michael G. Martinez
3112 Hidalgo Street
Irving, TX 75062
281-450-1997

ACTION ITEMS: CT has retained the current log, Retain Date: 11/10/2022, Expected Purge Date:
11/15/2022
Image SOP

REGISTERED AGENT CONTACT: CT Corporation System
1999 Bryan Street
Suite 900
Dallas, TX 75201
877-564-7529
MajorAccountTeam2@wolterskluwer.com

The information contained in this Transmittal is provided by CT for quick reference only. It does not constitute a legal opinion,
and should not otherwise be relied on, as to the nature of action, the amount of damages, the answer date, or any other
information contained in the included documents. The recipient(s) of this form is responsible for reviewing and interpreting the
included documents and taking appropriate action, including consulting with its legal and other advisors as necessary. CT

EXHIBIT A

Page 1 of 2
CT Corporation
®.Wolters Kluwer Service of Process Notification
11/10/2022
CT Log Number 542657938

disclaims all liability for the information contained in this form, including for any omissions or inaccuracies that may be
contained therein.

Page 2 of 2
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CITATION BY CERTIFIED MAIL (TRC 106)
THE STATE OF TEXAS
Cause No: 22-CV-2133
122nd District Court of Galveston County
BLANCA VILLANUEVA VS. SAM'S CLUB

TO: Sam's Club Registered Agent, C.T. Corporation System 1999 Bryan Street, Suite 900 Dallas, TX 75201

Defendant Greetings:
NOTICE TO DEFENDANT: “You may employ an attorney. If you or your attorney do not file a written answer with the
Clerk who issued this citation by 10:00 a.m. on the Monday next following the expiration of twenty days from the
date you were served this citation and petition/motion, a default judgment may be taken against you. In addition
to filing a written answer with the clerk, you may be required to make initial disclosures to the other parties of
this suit. These disclosures generally must be made no later than 30 days after you file your answer with the
clerk, Find out more at TexasLawHelp.org. TRCP. 99
You are hereby commanded to appear by filing a written answer to the Plaintiff's Petition at or before 10:00 o'clock A.M. on the
Monday next after the expiration of 20 days after the date of service of this citation before the 122nd District Court of Galveston
County, at the Courthouse in said County in Galveston, Texas. Said written answer may be filed by mailing same to: District Clerk's
Office, 600 59th Street, Suite 4001, Galveston, Texas 77551-2388. Said Plaintiff's Original Petition - OCA was filed in said court on the
4th day of November, 2022 in the above entitled cause.

The nature of Plaintiff's demand is fully shown by a true and correct copy of the petition accompany this citation and made a part
hereof.

Issued and given under my hand and the seal of the Said Court at Galveston, Texas, on the 7th day of November, 2022.

Issued at the request of cous John D. Kinard, District Clerk
Michael G Martinez Galveston County, Texas
3112 Hidalgo St
Irving TX 75062 wy: Clie. Aantd
N45 os) Elissa Alvarado, Deputy

SEE ATTACHED FORM _ NOTE: Status Conference set: 02/02/2023
CERTIFICATE OF DELIVERY BY CERTIFIED M.
Came to hand on the 11/7/2022at 3:00 o'clock P. M. and executed on the day of 20. at
o’clock__. M., by mailing the same to Sam's Club, Defendant by registered, certified mail with delivery
Restricted to addressee only, return receipt requested, a true copy of this citation with a copy of the petition were attached
thereto. SOHN O. KINARD, District Clerk Galveston County, Texas
Authorized Person

BY: Oeputy Clerk

Service Fee: $
Certified Tracking Mail Place sticker here

No. 9315 4699 0430 0101 2440 49

Signed for on Signed By:
This form has been revised due to the data provided on the OCA Civil Case Information Sheet that is required to be
filed with every new suit. The OCA Civil Case information Sheet is available on our website.

The District Courts of Galveston County, Texas Status Conference Notice

Please calendar this event

All Status Conferences will be set for Thursdays (subject to exceptions for county holidays)

Court Name Status Conference Time Court Phone Number
10" District Court @ 9:00 A.M. 409-766-2230 Fax 409-770-5266
56 District Court @ 9:30 A.M 409-766-2226 Fax 409-770-5264
122" District Court @ 9:30 A.M. 409-766-2275 Fax 409-770-6265
212" District Court @ 9:00 A.M 409- 766-2266 Fax 409-765-2610
405" District Court @ 10:00 A.M 409-765-2688 Fax 409-765-2689
Date: 02/02/2023set in the 122nd District Court

Case Number: 22-CV-2133
Case Style: Blanca Villanueva vs. Sam's Club

Helpful Information: Please visit our website at http://www.galvestoncountytx.qov/de

FAQ

Forms

Fee Schedules

Remote Access to on-line case record searches

Contact and Mailing information

Passport Services

E Filing information

E Juror- online juror registration

Notice: If this case is filed as an expedited action pursuant to Rule 169 of the Texas Rules of Civil Procedure,
please contact the Court to inform them of the same as soon as possible.
ee
JOHN D. KINARD, District Clerk, Galveston County, Texas

District Clerk Personnel proudly serving our customers, community, and supporting the Judiciary
Fited: 11/4/2022 11:13 AM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 69881463
By: Shallja Dixit
91/4/2022 11:27 AM
22-CV-2133
CAUSE NO.

BLANCA VILLANUEVA § IN THE DISTRICT COURT OF
Plaintiff §
§
VS. § GALVESTON COUNTY, TEXAS
SGatveston County - 122nd District Court
SAM’S CLUB
Defendant § JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

Blanca Villanueva, Plaintiff herein, complains of and against Sam’s Club, Defendant

herein, and for cause of action shows unto the Court as follows:

Discovery is intended to be conducted under Level 2, Rule 190.3, Texas Rules of Civil

Procedure.

IL.

Plaintiff Blanca Villanueva is an individual residing in Galveston County, Texas.

Defendant Sam’s Club, herein referred to by name, “Defendant”, Defendant Sam’s” or

“Sam’s”, is an entity doing business in Texas and operating under Texas law and may be served

with process by serving its registered agent C.T. Corporation System at 1999 Bryan Street, Suite

900, Dallas, Texas 75201 via certified mail, return receipt requested, pursuant to law.

Ill.

Jurisdiction/Venue

This suit is brought in accordance with the laws of the State of Texas for the recovery of

damages within the minimum jurisdictional limits of this Court to which Plaintiff is entitled to

Status Conference - 02/02/2023
receive as compensation for the damages described below. All or a substantial part of the events

or omissions giving rise to the claim in question occurred in Galveston County, Texas. Therefore,

venue is proper in Galveston County, Texas pursuant to §15.002(a)(1), Texas Civil Practice And

Remedies Code. Accordingly, the Court has jurisdiction over this matter and venue is proper in

Galveston County, Texas.

IV.

Facts

On or about July 5, 2022, Plaintiff oud Defendant Sam’s Club, a department and

grocery store, that is, a retail establishment open to the public for business purposes, located at

6614 Gulf Freeway, La Marque, Texas, to buy groceries and other items. As Plaintiff was walking

within the store, an employee or agent of Sam’s, acting in the course and scope of her employment

or agency relationship with and in furtherance of Sam’s business, while looking at her cell phone

or an object in her hand, was pulling a cart with wheels by a long handle and negligently veered

toward the direction which Plaintiff was walking or in the direction Plaintiff intended to go. Sam’s

employee or agent veered to her left in total disregard of Plaintiff. The conduct of Sam's employee

or agent caused Plaintiff to collide with the cart, and after contact, Plaintiff fell to the concrete

floor and landed on her knee, resulting in a “spider” or comminuted fracture to said knee. Plaintiff

suffered injuries to her body in general and significant bruising due to the negligence described

herein. Defendant is liable to Plaintiff under the doctrine of +respondeat superior.

As a premises owner, Defendant had a duty to make safe or give Plaintiff adequate

warning of the existing dangerous condition, or unreasonable risk of harm, as described above,

which Defendant knew or should have known of and existed on its’ premises on said date.

2
Defendant breached said duty by failing to make safe or give adequate warning to Plaintiff of a

premises defect, that is, eliminate the defect, which proximately caused injuries and damages to

Plaintiff.

In the alternative, Defendant is guilty of negligence under the existing circumstances. At

the time of Plaintiff's incident, there was an “ongoing activity” on Defendant 's premises, which

imposed a specific duty owed by Defendant to Plaintiff, and was breached because of Defendant's

negligence, and proximately caused Plaintiff's injuries and damages.

Vv.

Negligence And Gross Negligence Of Defendant

Defendant was negligent and grossly negligent on the occasion in question and proximately

caused Plaintiff's injuries and damages by:

Creating and/or allowing an unsafe, unreasonably dangerous and hazardous

condition to exist in and about the area in question;

Failing to make safe or eliminate the unreasonably dangerous condition/risk of

harm and adequately warn persons such as Plaintiff of the hazard existing in and

about said area;

c. Defendant breaching its duty of care

to Plaintiff; and

d The premises condition under the circumstances existing related to Plaintiff's

incident involved: (1) an extreme degree of risk considering the probability and

3
magnitude of potential harm to others; and (2) Defendant had subjective awareness

of the risk involved, but nevertheless proceeded with conscious indifference to the

rights, safety or welfare of others.

Each and every of the above collectively and/or singularly was a proximate cause of the

incident and occurrence in question and the resulting injuries and damages to Plaintiff.

VI.

Res Ipsa Loquitu:

Incorporating and referring to all allegations set forth above, Plaintiff will show that prior

to and on July 5, 2022, the day of Plaintiff's incident, the following factors were present: (1) the

character of Plaintiff's injury was such that it would not have occurred without negligence, and/or

(2) the instrumentally, that is, the cart, was a proximate cause of Plaintiff's injury and under the

sole management and control of Defendant. The circumstances surrounding the incident

constitutes evidence of the Defendant’s negligence.

Defendants had a duty to prevent injury to others if it reasonably appeared or should have

appeared in the exercise of their lawful rights others may be injured by a dangerous condition or

instrumentality that was created or allowed to exist by Defendant. Defendant had a further duty to

use ordinary care in maintaining the premises in safe condition by inspecting the path Plaintiff ‘was

walking, war of any hazards or risks of harm, and making the pathway safe for Plaintiff to walk.

Defendant was negligent and breached a duty of care owed to Plaintiff which was a

proximate cause of the incident, resulting in damages as set forth herein.
VIL

General Damages Of Plaintiff

As a direct and proximate result of Defendant’s conduct, Plaintiff suffered serious bodily

injury and has sustained physical pain and suffering, mental anguish, and physical impairment, all

of which are in reasonable probability permanent. In addition, Plaintiff has incurred medical

expenses and in all likelihood will incur future medical costs as a direct and proximate cause of

Defendant’s negligence. Further, Plaintiff has suffered an economic loss as a result of Defendant’s

negligence — Plaintiff has been unable to work and earn income since the date of the incident. From

the date of the incident in question until the time of trial of this case, the elements of damages to

be considered separately and individually for the purpose of determining the sum of money that

will fairly and reasonably compensate Plaintiff, for each element are as follows:

a. The physical pain that Plaintiff has suffered from the date of the incident in question

up to the time of trial.

The mental anguish that Plaintiff has suffered from the date of the incident in

question up to the time of trial.

The damages resulting from the physical impairment suffered by Plaintiff and the

resulting inability to do those tasks and services that Plaintiff ordinarily would have

been able to perform from the date of the incident in question up to the time of trial.

Reasonable and necessary medical expenses incurred by Plaintiff for treatment and

are of Plaintiff's injuries resulting from the incident in question.

Loss wages.
From the time of trial of this case, the elements of damages to be considered separately and

individually for the purpose of determining the sum of money that will fairly and reasonably

compensate Plaintiff in the future beyond the trial, for each element are as follows:

The physical pain that Plaintiff will suffer in the future beyond the time of trial.

The mental anguish that Plaintiff will suffer in the future beyond the time of trial.

The damages resulting from the physical impairment that Plaintiff will continue to

suffer in the future and the resulting inability to do those tasks and services that

Plaintiff ordinarily would have been able to perform in the future beyond the time

of trial.

Reasonable and necessary medical expenses Plaintiff will likely incur for treatment

and care of Plaintiff's injuries resulting from the incident in question.

e. Loss of future earning capacity.

Because of all the above and foregoing, Plaintiff has been damaged in an amount within

the jurisdictional limits of the Court.

VII.

Exemplary/Punitive Damage:

Plaintiff will show that Defendant’s acts and/or omissions as described above constituted

gross negligence. Under the existing facts and circumstances, Plaintiff is entitled to

exemplary/punitive damages against Defendant to be determined by the Court and jury. As such,

Plaintiff seeks exemplary/punitive damages from Defendant in this lawsuit.
IX.

Plaintiff also seeks pre-judgment interest at the maximum rate allowed by law.

Plaintiff also seeks post-judgment interest at the maximum rate allowed by law.

XI.

Jury Demand

Plaintiff hereby requests a jury trial in accordance with Rule 216, Texas Rules of Civil

Procedure, and has submitted the appropriate jury fee.

xi.

Rule 193.7, T.R.C.P., Notice

Pursuant to Rule 193.7, T.R.C.P., Plaintiff hereby gives notice to any and all parties that

documents produced in response to written discovery may be used in any pretrial proceeding

and/or trial.

XII.

WHEREFORE, PREMISES CONSIDERED, pursuant to Rule 47, Texas Rules of Civil

Procedure, Plaintiff prays that she recover damages against Defendant, as specified herein, for

monetary relief over two hundred fifty thousand dollars ( $250,000.00 ) but not more than one

million dollars ($1,000,000.00), plus exemplary/punitive damages, prejudgment interest, post-

judgment interest, costs of court, and all such other relief, at law or in equity, to which Plaintiff

may be justly entitled.
Respectfully submitted,

Is| Michal G. Mant
MICHAEL G. MARTINEZ
Attorney At Law
3112 Hidalgo Street
Irving, Texas 75062
(281) 450-1997
mikegmartinezlaw@gmail.com

ATTORNEY FOR PLAINTIFF
BLANCA VILLANUEVA
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.

Patricia Chavis on behalf of J ohn Ramirez
Bar No. 798450
pchavis@ bushramirez.com
Envelope ID: 70794664
Status as of 12/7/2022 3:09 PM CST

Associated Case Party: Sam's Club

Name BarNumber | Email TimestampSubmitted | Status
J ohn Ramirez jramirez.atty@ bushramirez.com | 12/7/2022 3:03:21 PM SENT

Preston Burns pburns@ bushramirez.com 12/7/2022 3:03:21 PM SENT

Case Info

Judge

Ellisor, John Track Judge’s New Case

Case No.

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Document Filed Date

December 07, 2022

Case Filing Date

November 04, 2022

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Party Notice: Blanca Villanueva vs. Sam's Club

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