Preview
Cause No. 23-DCV-302764
JOHNNIE MARIE GREEN IN THE DISTRICT COURT OF
Vv FORT BEND COUNTY, TEXAS
WALMART, INC, D/B/A SAM’S CLUB
#8246 458"" JUDICIAL DISTRICT
DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant SAM’S EAST, INC., incorrectly named as WALMART, INC,
D/B/A SAM’S CLUB #8246, and on this date, May 10, 2023, 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, Houston Division.
Respectfully submitted,
BUSH & RAMIREZ, PLLC
/s/ Bryce Buchmann
John A. Ramirez
State Bar No. 00798450
Bryce Buchmann
State Bar No. 24100443
5615 Kirby Drive, Suite 900
Houston, Texas 77005
Telephone: (713) 626-1555
Facsimile: (713) 622-8077
jramirez.atty@bushramirez.com
bbuchmann.atty@bushramirez.com
ATTORNEYS FOR DEFENDANT,
WAL-MART STORES TEXAS, LLC
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 10" day of
Mayp 2023.
Thomas J. Henry Law, PLLC
5711 University Heights Blvd. #101
San Antonio, Texas 78249
/s/ Bryce Buchmann
Bryce Buchmann
Defendant’s Notice of Filing Notice of Removal
Page 2 of 2
5/10/23, 9:00 AM DC CMIECF LIVE- US District Court-Texas Southem
Complaints and Other Initiating Documents
23-cv-01723 Green v. Sam's East, Inc.
US. District Court
SOUTHERN DISTRICT OF TEXAS
Notice of Electronic Filing
The following transaction was entered by Ramirez, John on 5/10/2023 at 9:00 AM CDT and filed on 5/10/2023
Case Name: Green v. Sam's East, Inc.
Case Number: = ~ 2
Filer Sam's East, Inc.
Document Number: 1
Docket Text:
NOTICE OF REMOVAL from 458th District Court, Fort Bend, case number 23-DCV-302764 (Filing
fee $ 402 receipt number ATXSDC-29891353) 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)
4:23-cv-01723 Notice has been electronically mailed to
John A. Ramirez jramirez.atty@bushramirez.com, pchavis@bushramirez.com, sburnett@bushramirez.com
Johnnie Marie Green jtaylor-sve@thomasjhenrylaw.com
4:23-cv-01723 Notice has not been electronically mailed to
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
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Document description:Civil Cover Sheet Civil Cover Sheet
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Electronic document Stamp:
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Document description:Exhibit Plaintiff's Original Petition
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Document description:Exhibit Original Answer (State Court)
Original filename:n/a
Electronic document Stamp:
eee dcecfStamp_ID=1045387613 [Date=5/10/2023] [FileNumber=39623244-
Aten tek INANEAAPPACANDAAL 410
5/10/23, 9:00 AM DC CMIECF LIVE- US District Court-Texas Southem
3) [467991¢89456bd747048f0 12 1cbf742ce2c6eedd1d8a1dc89312ed460b45b1¢e450
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Document description:Exhibit Jury Demand (State Court)
Original filename:n/a
Electronic document Stamp:
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JS 44 (Rev. 04/21) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Johnnie Marie Green Sam's East, inc.
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN US, PLAINTI “ASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Joshua Taylor, 5711 University Heights Blvd. #101, San John A. Ramirez, 5615 Kirby, #900, Houston, TX 77005
Antonio, TX 78249; (210) 656-1000; (713) 626-1555
Il. BASIS OF JURISDICTION (Placean “x” in One Bax Only) Il. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “x” in One Box for Plaintiff
(For Diversity Cases Only) ‘and One Box for Defendant)
COE US. Government (33 Federal Question PTF DEF PIF DEF
Plaintiff (US. Government Not a Party) cit sn of This State fk} 1 Incorporated or Principal Place o4 4
of Business In This State
o U.S. Government []4 Diversity Citizen of Another State o2 Oo Incorporated and Prineipal Place Os ls
Defendant (Indicate Citizenship of Parties in Item I) of Business In Another State
citi n or Subject of a
Foreign Country
O3 o Foreign Nation Oso O6
IV. NATURE OF SUIT “(Place an “in Que Box Only) Click here for: Nature of Suit ‘ode Descriptions,
[ CONTRACT TORTS, FORFEITURE/PENALTY, BANKRUPTCY. _ OTHER STATUTES,
110 Insurance
120 Marine
130 Miller Act
PERSONAL INJURY
310 Airplane
315 Airplane Product
PERSONAL INJURY
(7365 Personal Injury
Product Liability
|] 625 Drug Related Seizure
of Property 21 USC 881
|_]690 Other
H
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
H 375 False Claims Act
376 Qui Tam (31 USC
729(a))
140 Negotiable Instrument Liability (1367 Health Cares INTELLECTUAL |_] 400 State Reapportionn nt
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 10 Antitrust
H
& Enforcement of Judgment lander Personal Injury 820 Copyrights 430 Banks and Banking
H 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability (1368 as sstos Personal 835 Patent - Abbreviated 460 Deportation
‘Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product 840 Trademark Corrupt Organizations
(1153 Recovery of Overpayment bility PERSONAL PROPERTY ;OR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran's Benefits
[160 Stockholders’ Suits
[_] 190 Other Contract
350 Motor Vehicle
355 Motor Vehicle
Product Liability
A
370 Other Fraud
371 Truth in Lending
(1380 Other Personal
710 Fair Labor Standards
Act
| ]720 Labor/Management
Act of 2016
SOCIAT SECURIT aie
(15 USC 1681 or 1692)
485 Telephone Consumer
Protection Act
H
195 C tract Product Liability [x] 360 Other Personal Property Damage Relations 861 HIA (139581) 490 Cable/Sat TV
196 Franchise Injury
|] 362 Personal Injury ~
Medical Malpractice
(11385 Property Damage
Product Liability H
740 Railway Labor Act
751 Family and Medical
Leave Act
862 Black Lung (923)
863 DIWC/DIWW (405(2))
864 SSID Title XVI
850 Securities/Commodities!
Exel
890 Other Statutory Actions
READ PROPERTY. Givin RIGHTS: PRISONER PETITIONS 790 Other Labor Litigation |] 865 RSI (405(g)) 891 Agricultural Acts
H
210 Land Condemnation 440 Other Civil Rights Habeas Corpi 791 Employee Ri rement 893 Environmental Matters
A Income Security Act
220 Foreclosure 441 Voting 463 Alien Detainee [ REDERATTAN Sts 895 Freedom of Information
E
230 Rent Lease & Ejectment 442. Employment 510 Motions to Vacate [_] 870 Taxes (U.S. PI Act
240 Torts to Land
245 Tort Product Liability
([] 290 All Other Real Property
443 Housing/
Accommodations
445 Amer. wiDisabi
Sentence
[_] 530 General
|] 535 Death Penalty TMMIGRATION
or Defendant)
|_] 871 IRS—Third Party
26 USC 7609
H 896 Arbitration
899 Adn trative Procedure
Act Review or Appeal of
Employment Other: [462 Naturalization Application] Agency Decision
446 Amer. w/Disabilities - $40 Mandamus & Other }465 Other Immigration [_] 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
|_] 448 Education 555 Prison Condition
560 Civil Detainee -
‘onditions of
Confinement
V. ORIGIN (Placean “X" in One Box Only)
1 Original 2 Removed from 3 Remanded from of Reinstated or o5 Transferred from o°¢ Multidistrict (8 Muttidistriet
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigatio
(specify) Transfer Direct File
(Cite the U.S. Civil Statute under which you are filing (Do nor cite jurisdictional statutes unless diversity)
28 U.S.C. Section 1332
VI. CAUSE OF ACTION Brief description ofcause:
Plaintiff, Johnnie Marie Green, claim she was injured when she fell at Sam's on 9/24/21
VIL. REQUESTED IN (1 CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if dem: fed in complaint
COMPLAINT: UNDER RULE 23, F.R.C JURY DEMAND: Yes Ono
VILL RELATED CASE(S)
IF ANY (See instructions)
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
5/10/23 falJohn A. Ramirez
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDG! MAG. JUDGE
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JOHNNIE MARIE GREEN
§ CIVIL ACTION NO.
Vv. §
SAM’S EAST, INC. § 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 WALMART,
INC, D/B/A SAM’S CLUB #8246, and files this Notice of Removal, pursuant to 28 U.S.C. §§
1441 and 1446, removing the above-captioned case to the United States District Court for the
Southern District of Texas, Houston Division. The grounds for removal are as follows:
I
INCIDENT BACKGROUND AND LAWSUIT
1 Plaintiff Johnnie Marie Green claims she was injured by Defendant’s negligence at
a Sam’s Club store in Fort Bend County, Texas, on September 24, 2021. Pl. ’s Orig. Pet. (Ex. A)
{11 5-6. Plaintiff asserts causes of action for general negligence, premises liability, and gross
negligence against Defendant. Jd. {| 3-11. Plaintiff's lawsuit expressly alleges that she is seeking
monetary damages over $1,000,000.00. Jd. at { 1.
2 Plaintiff served Defendant with her Original Petition on January 30, 2023.
I.
THE PARTIES
3 Plaintiff pleaded that she resides in Refugio, Texas. Jd. at § 2. As such, Plaintiff is
a citizen of the State of Texas.
4. Although corporations are citizens of the state in which they are incorporated,
partnerships and other unincorporated entities are citizens of all states in which its partners or
Defendant Sam's East, Inc.'s Notice of Removal
Page 1 of 4
members are citizens. Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 569 (2004).
Sam’s East, Inc. is a Delaware corporation with its principal place of business in Arkansas.
5 The citizenship of the parties as alleged above existed at the time the underlying
action was commenced and remain unchanged at the time of removal.
Hil.
BASIS FOR REMOVAL
6. Defendant removes this case to federal court because there is complete diversity of
citizenship between the parties and the amount in controversy is greater than $75,000, exclusive
of interest and costs. 28 U.S.C. § 1332(a).
A. There is complete diversity of citizenship.
7 As set forth, supra, Plaintiff is a citizen of the State of Texas and Defendant is
composed of companies organized under the laws of Delaware and Arkansas, with its principal
place of business in the State of Arkansas. None of Defendant’s partners or members are citizens
of the State of Texas. As such, Defendant has met its burden of establishing that diversity of
citizenship exists between the parties.
B. The amount in controversy requirement is met.
8 A removing party may establish that the amount in controversy exceeds $75,000
by showing the non-removing party seeks damages in excess of that amount. Gebbia v. Wal-Mart
Stores, Inc., 233 F.3d 880, 881 (5th Cir. 2000). Here, Plaintiffs Original Petition seeks damages
for physical pain, mental anguish, lost wages, lost earning capacity, physical disfigurement,
physical impairment, medical care, and exemplary damages, Ex. A. § VIII, for what the Petition
describes as a serious and critical injury. Ex. A at 2.
Defendant Sam’s East, Inc.'s Notice of Removal
Page 2 of 4
C. This removal is timely, and venue is proper.
9 This Notice of Removal is being filed within 30 days of service of Plaintiff's
lawsuit on Defendant, and within one year of the commencement of this action. It is therefore
timely. Venue is proper in this District under 28 U.S.C. § 1441(a) because the state court where
the action is pending is in this District.
D. Procedural requirements for removal are satisfied.
10. Upon filing of this Notice of Removal of the cause, Defendant gave written notice
of the filing to Plaintiff and her counsel as required by law. A copy of this Notice is also being
filed with the Clerk of the 458" District Court of Fort Bend County, Texas, where this cause was
originally filed. A copy of all processes, pleadings, and orders has been filed separately with this
Court pursuant to 28 U.S.C. § 1446(a).
Iv.
CONCLUSION AND PRAYER
Based on the foregoing, Defendant has established that the amount in controversy exceeds
$75,000.00 and that diversity of citizenship exists between the parties in this case. Therefore,
removal is proper.
Respectfully submitted,
BUSH & RAMIREZ, PLLC
ts/John A. Ramirez
John A. Ramirez
Attorney in Charge
State Bar No. 00798450
S.D. Tex. No. 21280
Bryce Buchmann
State Bar No. 24100443
S.D. Tex. No. 3783069
5615 Kirby Drive, Suite 900
Houston, Texas 77005
(713) 626-1555 Telephone
Defendant Sam's East, Inc.’s Notice of Removal
Page 3 of 4
(713) 622-8077 Telecopier
jramirez.atty@bushramirez.com
bbuchmann.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 FEDERAL RULES OF CIVIL PROCEDURE on this the 10
day of May 2023.
Thomas J. Henry Law, PLLC
5711 University Heights Blvd. #101
San Antonio, Texas 78249
/s/ Bryce Buchmann
John A. Ramirez | Bryce Buchmann
Defendant Sam’s East, Inc.'s Notice of Removal
Page 4 of 4
Fed
4/3/2023 9:52 AM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Sylvie Le
CAUSE NO, 23-DCV-302764
JOHNNIE MARIE GREEN IN THE DISTRICT COURT OF
Plaintiff,
Fort Bend County - 458th Judicial District Court
vs. ____ JUDICIAL DISTRICT
WALMART, INC, D/B/A SAM’S CLUB
#8246
Deféndant. FORT BEND COUNTY, TEXAS
PLAINTIFE’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, JOHNNIE GREEN, Plaintiff, complaining of WALMART, INC, D/B/A
SAM?’S CLUB #8246, “SAM’S CLUB”, and would respectfully show the Court the following:
L DICOVERY CONTROL PLAN
1. Plaintiffs intends that discovery be conducted under LEVEL 3 of RULE 190 of the TEXAS
RULES OF CIVIL PROCEDURE. Pursuant to Rule 47 of the Texas Rules of Civil Procedure,
Plaintiff seeks monetary relief over $1,000,000,00 and a demand for judgment for all other
relief to which Plaintiff may justly be entitled.
IL PARTIES
Plaintiff JOHNNIE MARIE GREEN (Last three (3) DL NO.823, SSN 521) is an
individual residing in Refugio, Texas.
Defendant WALMART, INC, D/B/A SAM?S CLUB #8246 is a corporation conducting
business in the State of Texas and can be served with process at with their registered agent,
Corporation Service Company, CSC-Lawyers Incorporating Service Company, 211
E. Ste. 620, Austin, Texas 78701
EXHIBIT A
II. JURISDICTION anv VENUE
This Court has jurisdiction over the parties becaus e the amount
in controversy is within the
Jurisdictional limits of this Court. Additionally, this Court has jurisdic
tion over the parties
because Defendant is a Texas resident and/or d loes business in the
State of Texas,
Venue is proper in Fort Bend Count ty in this cause pursuant to
§ 15.002(a)(1) of the Crvi.
PRACTICE & REMEDIES CODE becat use Fort Bend County, Texas
was the county in which
all or a substantial part of the events or omissions giving ri se to the
claim occurred,
Iv. FACTS
On or about the 24" day of September 2021, Plaintiff was a busine
ss invitee to whom
Defendant owed a duty of care to protect her from injury. Plaintiff
was in the store
walking when she slipped on a smeared Alvera plant leave that was
smeared in to the
Defendant's floor. The slipping motion caused Plaintiff to collide with
the floor, which
resulted in severe bodily injuries. The unreasonably dangerous condit
ion caused by the
wet surface on Defendant's premises proximately caused Plaintiff's injurie
s and the need
for her subsequent medical treatment,
Defendant breached the duty of care they owed to Plaintiff as a busines
s invitee and were
both negligent and grossly negli igent in their failure to exercise ordinary care
in the safety
of the Plaintiff. Consequentl , Plaintiff was an invitee to whom Defendant
owed a duty to
use ordinary care, including the duty to protect and safeguard Plaintiff from
unreasonably
dangerous conditions on the Premises, or to wam of their existence.
Plaintiff seeks all
applicable damages available under Texas law,
v. NEGLIGENCE OF DEFENDANT SAM’S CLUB
The occurrence made the basis of this suit, reflected in the above paragraph, and
the resulting
injuries and damages of Plaintiffs were proximately caused by the negligent conduct
of the
Defendant SAM’S CLUB, and their a igents, servants, and employees were
by violating the
duty which he owed the Plaintiffs to exercise ordin ary care in the operatio
n of their premises
in one or more of the following Tespects:
a, in failing to keep to wam invitees, including Plaintiff, of the hazards
of an
unreasonably dangerous condition on Defendant’s’ Premises;
b Failure to inspect the store and properly maintain it;
C. Allowing a dangerous condition to exist, so that Plaintiff would fall and be
injured;
d. Failing to provide safety of Plaintiff under the circumstances;
Failing to warn invitees, including Plaintiff, that the area in question
should be
approached with caution;
2
Negligently maintaining the area in question in such a way as
to constitute a
negligent activity;
Failing to warn invitees, including the Plaintiff that there was a. dangerous
condition
which required extra care to be taken while walking through that area;
Failing to maintain the premises in a reasonably safe condition for the
Plaintiff and
other invitees;
Failing to remove the dangerous condition or warn of its existence;
J Failing to properly train agents, servants, and employees; and
k, Failing to properly supervise and instruct agents, servants, and employees.
9. Defendant’s negligence was a proximate cause of Plaintiff's injuries
alleged herein, Each
of these acts and/or omissions, , whether taken singularly or in any combin
ation constitutes
negligence which proximate! ly caused the collision and injuries and other
losses as
specifically set forth herein,
10. As a direct and proximate result of the colli sion and the neglige
nt conduct of the
Defendants, plaintiffs have suffered serious bodily injury.
VI. PREMISES LIABILITY
11. On or about the 24th day of Si ‘eptember 2021, Defendant SAM’S CLUB was
in possession
of the premises WALMART, INC, D/B/A SAM?S CLUB #8246 located at 12300
SW
Fwy in Stafford, TX. As a customer on the premises, Plaintiff was an
invitee on the
premises because she entered onto the Defendant’ 's property with the express consent
of
the Defendant, and it was for the mutual benefit o: f both Plaintiff and Defendant. As such,
Defendant owed a duty of care to adequately warn her of conditions on the premises posing
an unreasonable risk of harm or to make the condition reasonably safe protect her from
injury performing an extermination job at the home of the Defendant. Defendant
knew or
should have known that the area where the Alvera plant leaf was present—where
Plaintiff
fell—had not been pro perly inspected or maintained, such that it created a dangerous
condition, posing an unreasonable risk of harm to the P| laintiff or others similarly situated.
However, Defendant breached their duty of ordinary care to Plaintiff by both
failing to
warn the Plaintiff of the dang: erous condition and failing to make the condition
reasonably
safe. Plaintiff seeks all applicable damages available under Texas law.
12. This negligence proximately caused the Plaintiff's fall and injuries and other losses
as set
forth herein.
3.
Vil. GROSS NEGLIGENCE or SAM’S CLUB
13, Defendants SAM’S CLUB negli igent conduct was more than a momen
tary thoughtlessness
or inadvertence, Rather, the Defendant’ 's conduct involved an extreme degree
considering the probability and magnitud le of the potential harm to any of risk,
person that may bein
the path of the Defendant’: 's actions, Defendant had actual subjective awaren
ess of the risk
involved but nevertheless, proceeded in such conscious indifference to the Tights, safety,or
welfare of the Plaintiff or others similarly situated. §41.001(11) Texas Civil Practic
e &
Remedies Code,
14, Each of these acts and/or omissions, whether taken singularly
or in any combination
constitutes negligence which proximate ly caused the collision and injuries
and other losses
as specifically set forth herein, all of which Plaintiff sufferedand which
Plaintiff will
continue to suffer in the future, if not for the remainder of his natural
life.
VII. EXEMPLARY DAMAGES
15. The above-referenced acts and/or omissions by Defendants SAM’S
CLUB constitutes
malice as that term is defined in Section 41.001(7) of the Texas Civil
Practice and
Remedies Code and gross negligence as the term is defined by Section 41.001(11).
16. The Defendants’ act or omissions described above e, when viewed objectiv
ely from the
standpoint of SAM’S CLUB at the time of the act or omission, involved an
extreme degree
of risk, considering the probability of harm to Plaintiff and others,
17, Defendant SAM’S CLUB had actual, subjective awareness of the
risk involved in the
above-described acts or omissions, but nevertheless proceeded with conscio
us indifference
to the rights, safety, or welfare of Plaintiff and others.
18. The above acts and/or omissions were singularly and cumulatively
the proximate cause of
the occurrence in question and the resulting injuries and damages sustained by
Plaintiff.
19. Therefore, because of such acts of malice and gross negligence on behalf of
Defendant
SAM’S CLUB. Plaintiff sues for exemplary damages in an amount to be determi
ned at
trial.
IX. CAUSATION anp DAMAGES
20. Each of the acts and omissions described above, taken singularly or in any
combination,
constitutes negligence and gross negligence which proximately caused the collision,
injuries, and damages as specifically set forth herein, all of which Plaintiff JOHNN
IE
MARIE GREEN suffered,
4.
21. Asa direct and proximate result of the collision and the negligent conduct of Defendants,
Plaintiff suffered severe bodily injuries to her knee, neck and other parts of her body
generally, Her entire body was bruised, battered, and contused and she suffered great
shock to her entire nervous system. The injuries are permanent in nature, The injuries
have had a serious effect on the Plaintiff's health and well-being, Some of the effects
will
abide with the Plaintiff for a long time into the future, if not for his entire life. These
specific injuries and their ill effects have, in tun, caused the Plaintiff's physical and
mental condition to generally deteriorate, and the specific injuries and ill effects alleged
have caused and will, in all reasonable probability, cause the Plaintiff to suffer
consequences and ill effects of this deterioration throughout his body for a long time in
the future, if not for the balance of his natural life. As a further result of the nature and
consequences of his injuries, the Plaintiff suffered great physical and mental pain,
suffering and mental anguish, and in all reasonable probability, will continue to suffer in
this manner for a long time into the future, if not for the balance of his natural life.
22. Additionally, as a direct and proximate result of the occurrence made the basis of this
lawsuit, Plaintiff JOHNNIE MARIE GREEN incurred the following damages:
a, Medical care and expenses incurred in the past;
b. medical care and expenses that will in all reasonable probability be incurred
in the future;
Cc. Physical pain and suffering sustained in the past;
d. Physical pain and suffering that will in all reasonable probability be
sustained in the future;
€. Physical impairment and disability in the past;
f. Physical impairment and disability that will in all reasonable probability be
sustained in the future;
8. Loss of wages in the past;
h. Loss of past and future earning capacity;
1 Mental anguish in the past;
J Mental anguish that will in all reasonable probability be suffered in the
future;
k. Physical disfigurement in the past;
1 Physical disfigurement that will in all reasonable probability be suffered in
the fature; and
m. Attorney’s fees,
23. Plaintiff further requests both pre-judgment and post-judgment interest on all his
damages as allowed by law.
24, Plaintiff seeks monetary relief over $1,000,000 and demands a judgment for all other
relief to which he deems to be justly entitled.
5.
X. INTEREST
25. Plaintiff further request both prejudgment and post-judgment interest on all his damages as
allowed by law.
XI. RULE 193.7 NOTICE
26. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendant is hereby misthat
the production of any document in response to written discovery authenticates the
document for use against that part in any pretrial proceeding or at trial.
XU, DEMAND FOR JURY TRIAL
27. Plaintiff demands atrial by jury. Plaintiff acknowledges payment tidate of the required jury
fee.
XII. REQUEST PURSUANT To RULE 28 FoR SUBSITUTION oF TRUE NAME
28.To the extent that the above-named Defendants and Parties are conducting business
pursuant to a trade name or assumed name, then relief is sought against them pursuant to
the terms of Rule 28 of the Texas Rules of Civil Procedure, and Plaintiff hereby demands
upon answering this suit, that the
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Cause No. 23-DCV-302764 JOHNNIE MARIE GREEN IN THE DISTRICT COURT OF Vv FORT BEND COUNTY, TEXAS WALMART, INC, D/B/A SAM’S CLUB #8246 458"" JUDICIAL DISTRICT DEFENDANT’S NOTICE OF FILING NOTICE OF REMOVAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant SAM’S EAST, INC., incorrectly named as WALMART, INC, D/B/A SAM’S CLUB #8246, and on this date, May 10, 2023, 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, Houston Division. Respectfully submitted, BUSH & RAMIREZ, PLLC /s/ Bryce Buchmann John A. Ramirez State Bar No. 00798450 Bryce Buchmann State Bar No. 24100443 5615 Kirby Drive, Suite 900 Houston, Texas 77005 Telephone: (713) 626-1555 Facsimile: (713) 622-8077 jramirez.atty@bushramirez.com bbuchmann.atty@bushramirez.com ATTORNEYS FOR DEFENDANT, WAL-MART STORES TEXAS, LLC 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 10" day of Mayp 2023. Thomas J. Henry Law, PLLC 5711 University Heights Blvd. #101 San Antonio, Texas 78249 /s/ Bryce Buchmann Bryce Buchmann Defendant’s Notice of Filing Notice of Removal Page 2 of 2 5/10/23, 9:00 AM DC CMIECF LIVE- US District Court-Texas Southem Complaints and Other Initiating Documents 23-cv-01723 Green v. Sam's East, Inc. US. District Court SOUTHERN DISTRICT OF TEXAS Notice of Electronic Filing The following transaction was entered by Ramirez, John on 5/10/2023 at 9:00 AM CDT and filed on 5/10/2023 Case Name: Green v. Sam's East, Inc. Case Number: = ~ 2 Filer Sam's East, Inc. Document Number: 1 Docket Text: NOTICE OF REMOVAL from 458th District Court, Fort Bend, case number 23-DCV-302764 (Filing fee $ 402 receipt number ATXSDC-29891353) 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) 4:23-cv-01723 Notice has been electronically mailed to John A. Ramirez jramirez.atty@bushramirez.com, pchavis@bushramirez.com, sburnett@bushramirez.com Johnnie Marie Green jtaylor-sve@thomasjhenrylaw.com 4:23-cv-01723 Notice has not been electronically mailed to The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1045387613 [Date=5/10/2023] [FileNumber=39623244- 0] [3e5476£27£3f3352e2f89 1 66c5c75bb7b4eeb08c2bSaca6c648 | fob20f27e0e08e 9c28deecfef463£09f50a5£306b 10335e04b861d5529cad2c9c9fc03317b56]] Document description:Civil Cover Sheet Civil Cover Sheet Original filename:n/a Electronic document Stamp: STAMP dcecfStamp_ID=1045387613 [Date=5/10/2023] [FileNumber=39623244- 1] [60bb3 1dd906360a9ea38 1 46a52focb3aa2e43498e54fb54ee2505fl caaf2d1 3387 5¢2b51b6190a2aaffee4723 6cbf70358 | bebc129f7daa9b322bffe6c6bfbd9]] Document description:Exhibit Plaintiff's Original Petition Original filename:n/a Electronic document Stam [STAMP dcecfStamp_ID=1045387613 [Date=5/10/2023] [FileNumber=39623244- 2] [5a8e8e26d0bb654319bc3a29a53d634b08d983c0bS2d8fac 1d30bdd4 128c08f4b4 8475845adc8b2379cf34 1 625e25464b6fe8ca04 f3aeccf23dde280bdab201]] Document description:Exhibit Original Answer (State Court) Original filename:n/a Electronic document Stamp: eee dcecfStamp_ID=1045387613 [Date=5/10/2023] [FileNumber=39623244- Aten tek INANEAAPPACANDAAL 410 5/10/23, 9:00 AM DC CMIECF LIVE- US District Court-Texas Southem 3) [467991¢89456bd747048f0 12 1cbf742ce2c6eedd1d8a1dc89312ed460b45b1¢e450 887a8fe73eaaab75c038e2892436a504b8el ef7b77842db7669e95d6729434]] Document description:Exhibit Jury Demand (State Court) Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1045387613 [Date=5/10/2023] [FileNumber=39623244- 4] [7a9e42ccdb0e4673b8a0017e899e33af26afcf2a97b0f90add04c9be6b9e0b49ec €2b2b2dd87d0d02b28 1a13ab3018763a0f6cac3d432065adea732fdealaebf]] JS 44 (Rev. 04/21) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Johnnie Marie Green Sam's East, inc. (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN US, PLAINTI “ASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Joshua Taylor, 5711 University Heights Blvd. #101, San John A. Ramirez, 5615 Kirby, #900, Houston, TX 77005 Antonio, TX 78249; (210) 656-1000; (713) 626-1555 Il. BASIS OF JURISDICTION (Placean “x” in One Bax Only) Il. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “x” in One Box for Plaintiff (For Diversity Cases Only) ‘and One Box for Defendant) COE US. Government (33 Federal Question PTF DEF PIF DEF Plaintiff (US. Government Not a Party) cit sn of This State fk} 1 Incorporated or Principal Place o4 4 of Business In This State o U.S. Government []4 Diversity Citizen of Another State o2 Oo Incorporated and Prineipal Place Os ls Defendant (Indicate Citizenship of Parties in Item I) of Business In Another State citi n or Subject of a Foreign Country O3 o Foreign Nation Oso O6 IV. NATURE OF SUIT “(Place an “in Que Box Only) Click here for: Nature of Suit ‘ode Descriptions, [ CONTRACT TORTS, FORFEITURE/PENALTY, BANKRUPTCY. _ OTHER STATUTES, 110 Insurance 120 Marine 130 Miller Act PERSONAL INJURY 310 Airplane 315 Airplane Product PERSONAL INJURY (7365 Personal Injury Product Liability |] 625 Drug Related Seizure of Property 21 USC 881 |_]690 Other H 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 H 375 False Claims Act 376 Qui Tam (31 USC 729(a)) 140 Negotiable Instrument Liability (1367 Health Cares INTELLECTUAL |_] 400 State Reapportionn nt 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 10 Antitrust H & Enforcement of Judgment lander Personal Injury 820 Copyrights 430 Banks and Banking H 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability (1368 as sstos Personal 835 Patent - Abbreviated 460 Deportation ‘Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product 840 Trademark Corrupt Organizations (1153 Recovery of Overpayment bility PERSONAL PROPERTY ;OR 880 Defend Trade Secrets 480 Consumer Credit of Veteran's Benefits [160 Stockholders’ Suits [_] 190 Other Contract 350 Motor Vehicle 355 Motor Vehicle Product Liability A 370 Other Fraud 371 Truth in Lending (1380 Other Personal 710 Fair Labor Standards Act | ]720 Labor/Management Act of 2016 SOCIAT SECURIT aie (15 USC 1681 or 1692) 485 Telephone Consumer Protection Act H 195 C tract Product Liability [x] 360 Other Personal Property Damage Relations 861 HIA (139581) 490 Cable/Sat TV 196 Franchise Injury |] 362 Personal Injury ~ Medical Malpractice (11385 Property Damage Product Liability H 740 Railway Labor Act 751 Family and Medical Leave Act 862 Black Lung (923) 863 DIWC/DIWW (405(2)) 864 SSID Title XVI 850 Securities/Commodities! Exel 890 Other Statutory Actions READ PROPERTY. Givin RIGHTS: PRISONER PETITIONS 790 Other Labor Litigation |] 865 RSI (405(g)) 891 Agricultural Acts H 210 Land Condemnation 440 Other Civil Rights Habeas Corpi 791 Employee Ri rement 893 Environmental Matters A Income Security Act 220 Foreclosure 441 Voting 463 Alien Detainee [ REDERATTAN Sts 895 Freedom of Information E 230 Rent Lease & Ejectment 442. Employment 510 Motions to Vacate [_] 870 Taxes (U.S. PI Act 240 Torts to Land 245 Tort Product Liability ([] 290 All Other Real Property 443 Housing/ Accommodations 445 Amer. wiDisabi Sentence [_] 530 General |] 535 Death Penalty TMMIGRATION or Defendant) |_] 871 IRS—Third Party 26 USC 7609 H 896 Arbitration 899 Adn trative Procedure Act Review or Appeal of Employment Other: [462 Naturalization Application] Agency Decision 446 Amer. w/Disabilities - $40 Mandamus & Other }465 Other Immigration [_] 950 Constitutionality of Other 550 Civil Rights Actions State Statutes |_] 448 Education 555 Prison Condition 560 Civil Detainee - ‘onditions of Confinement V. ORIGIN (Placean “X" in One Box Only) 1 Original 2 Removed from 3 Remanded from of Reinstated or o5 Transferred from o°¢ Multidistrict (8 Muttidistriet Proceeding State Court Appellate Court Reopened Another District Litigation - Litigatio (specify) Transfer Direct File (Cite the U.S. Civil Statute under which you are filing (Do nor cite jurisdictional statutes unless diversity) 28 U.S.C. Section 1332 VI. CAUSE OF ACTION Brief description ofcause: Plaintiff, Johnnie Marie Green, claim she was injured when she fell at Sam's on 9/24/21 VIL. REQUESTED IN (1 CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if dem: fed in complaint COMPLAINT: UNDER RULE 23, F.R.C JURY DEMAND: Yes Ono VILL RELATED CASE(S) IF ANY (See instructions) JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD 5/10/23 falJohn A. Ramirez FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDG! MAG. JUDGE IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JOHNNIE MARIE GREEN § CIVIL ACTION NO. Vv. § SAM’S EAST, INC. § 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 WALMART, INC, D/B/A SAM’S CLUB #8246, and files this Notice of Removal, pursuant to 28 U.S.C. §§ 1441 and 1446, removing the above-captioned case to the United States District Court for the Southern District of Texas, Houston Division. The grounds for removal are as follows: I INCIDENT BACKGROUND AND LAWSUIT 1 Plaintiff Johnnie Marie Green claims she was injured by Defendant’s negligence at a Sam’s Club store in Fort Bend County, Texas, on September 24, 2021. Pl. ’s Orig. Pet. (Ex. A) {11 5-6. Plaintiff asserts causes of action for general negligence, premises liability, and gross negligence against Defendant. Jd. {| 3-11. Plaintiff's lawsuit expressly alleges that she is seeking monetary damages over $1,000,000.00. Jd. at { 1. 2 Plaintiff served Defendant with her Original Petition on January 30, 2023. I. THE PARTIES 3 Plaintiff pleaded that she resides in Refugio, Texas. Jd. at § 2. As such, Plaintiff is a citizen of the State of Texas. 4. Although corporations are citizens of the state in which they are incorporated, partnerships and other unincorporated entities are citizens of all states in which its partners or Defendant Sam's East, Inc.'s Notice of Removal Page 1 of 4 members are citizens. Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 569 (2004). Sam’s East, Inc. is a Delaware corporation with its principal place of business in Arkansas. 5 The citizenship of the parties as alleged above existed at the time the underlying action was commenced and remain unchanged at the time of removal. Hil. BASIS FOR REMOVAL 6. Defendant removes this case to federal court because there is complete diversity of citizenship between the parties and the amount in controversy is greater than $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a). A. There is complete diversity of citizenship. 7 As set forth, supra, Plaintiff is a citizen of the State of Texas and Defendant is composed of companies organized under the laws of Delaware and Arkansas, with its principal place of business in the State of Arkansas. None of Defendant’s partners or members are citizens of the State of Texas. As such, Defendant has met its burden of establishing that diversity of citizenship exists between the parties. B. The amount in controversy requirement is met. 8 A removing party may establish that the amount in controversy exceeds $75,000 by showing the non-removing party seeks damages in excess of that amount. Gebbia v. Wal-Mart Stores, Inc., 233 F.3d 880, 881 (5th Cir. 2000). Here, Plaintiffs Original Petition seeks damages for physical pain, mental anguish, lost wages, lost earning capacity, physical disfigurement, physical impairment, medical care, and exemplary damages, Ex. A. § VIII, for what the Petition describes as a serious and critical injury. Ex. A at 2. Defendant Sam’s East, Inc.'s Notice of Removal Page 2 of 4 C. This removal is timely, and venue is proper. 9 This Notice of Removal is being filed within 30 days of service of Plaintiff's lawsuit on Defendant, and within one year of the commencement of this action. It is therefore timely. Venue is proper in this District under 28 U.S.C. § 1441(a) because the state court where the action is pending is in this District. D. Procedural requirements for removal are satisfied. 10. Upon filing of this Notice of Removal of the cause, Defendant gave written notice of the filing to Plaintiff and her counsel as required by law. A copy of this Notice is also being filed with the Clerk of the 458" District Court of Fort Bend County, Texas, where this cause was originally filed. A copy of all processes, pleadings, and orders has been filed separately with this Court pursuant to 28 U.S.C. § 1446(a). Iv. CONCLUSION AND PRAYER Based on the foregoing, Defendant has established that the amount in controversy exceeds $75,000.00 and that diversity of citizenship exists between the parties in this case. Therefore, removal is proper. Respectfully submitted, BUSH & RAMIREZ, PLLC ts/John A. Ramirez John A. Ramirez Attorney in Charge State Bar No. 00798450 S.D. Tex. No. 21280 Bryce Buchmann State Bar No. 24100443 S.D. Tex. No. 3783069 5615 Kirby Drive, Suite 900 Houston, Texas 77005 (713) 626-1555 Telephone Defendant Sam's East, Inc.’s Notice of Removal Page 3 of 4 (713) 622-8077 Telecopier jramirez.atty@bushramirez.com bbuchmann.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 FEDERAL RULES OF CIVIL PROCEDURE on this the 10 day of May 2023. Thomas J. Henry Law, PLLC 5711 University Heights Blvd. #101 San Antonio, Texas 78249 /s/ Bryce Buchmann John A. Ramirez | Bryce Buchmann Defendant Sam’s East, Inc.'s Notice of Removal Page 4 of 4 Fed 4/3/2023 9:52 AM Beverley McGrew Walker District Clerk Fort Bend County, Texas Sylvie Le CAUSE NO, 23-DCV-302764 JOHNNIE MARIE GREEN IN THE DISTRICT COURT OF Plaintiff, Fort Bend County - 458th Judicial District Court vs. ____ JUDICIAL DISTRICT WALMART, INC, D/B/A SAM’S CLUB #8246 Deféndant. FORT BEND COUNTY, TEXAS PLAINTIFE’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, JOHNNIE GREEN, Plaintiff, complaining of WALMART, INC, D/B/A SAM?’S CLUB #8246, “SAM’S CLUB”, and would respectfully show the Court the following: L DICOVERY CONTROL PLAN 1. Plaintiffs intends that discovery be conducted under LEVEL 3 of RULE 190 of the TEXAS RULES OF CIVIL PROCEDURE. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiff seeks monetary relief over $1,000,000,00 and a demand for judgment for all other relief to which Plaintiff may justly be entitled. IL PARTIES Plaintiff JOHNNIE MARIE GREEN (Last three (3) DL NO.823, SSN 521) is an individual residing in Refugio, Texas. Defendant WALMART, INC, D/B/A SAM?S CLUB #8246 is a corporation conducting business in the State of Texas and can be served with process at with their registered agent, Corporation Service Company, CSC-Lawyers Incorporating Service Company, 211 E. Ste. 620, Austin, Texas 78701 EXHIBIT A II. JURISDICTION anv VENUE This Court has jurisdiction over the parties becaus e the amount in controversy is within the Jurisdictional limits of this Court. Additionally, this Court has jurisdic tion over the parties because Defendant is a Texas resident and/or d loes business in the State of Texas, Venue is proper in Fort Bend Count ty in this cause pursuant to § 15.002(a)(1) of the Crvi. PRACTICE & REMEDIES CODE becat use Fort Bend County, Texas was the county in which all or a substantial part of the events or omissions giving ri se to the claim occurred, Iv. FACTS On or about the 24" day of September 2021, Plaintiff was a busine ss invitee to whom Defendant owed a duty of care to protect her from injury. Plaintiff was in the store walking when she slipped on a smeared Alvera plant leave that was smeared in to the Defendant's floor. The slipping motion caused Plaintiff to collide with the floor, which resulted in severe bodily injuries. The unreasonably dangerous condit ion caused by the wet surface on Defendant's premises proximately caused Plaintiff's injurie s and the need for her subsequent medical treatment, Defendant breached the duty of care they owed to Plaintiff as a busines s invitee and were both negligent and grossly negli igent in their failure to exercise ordinary care in the safety of the Plaintiff. Consequentl , Plaintiff was an invitee to whom Defendant owed a duty to use ordinary care, including the duty to protect and safeguard Plaintiff from unreasonably dangerous conditions on the Premises, or to wam of their existence. Plaintiff seeks all applicable damages available under Texas law, v. NEGLIGENCE OF DEFENDANT SAM’S CLUB The occurrence made the basis of this suit, reflected in the above paragraph, and the resulting injuries and damages of Plaintiffs were proximately caused by the negligent conduct of the Defendant SAM’S CLUB, and their a igents, servants, and employees were by violating the duty which he owed the Plaintiffs to exercise ordin ary care in the operatio n of their premises in one or more of the following Tespects: a, in failing to keep to wam invitees, including Plaintiff, of the hazards of an unreasonably dangerous condition on Defendant’s’ Premises; b Failure to inspect the store and properly maintain it; C. Allowing a dangerous condition to exist, so that Plaintiff would fall and be injured; d. Failing to provide safety of Plaintiff under the circumstances; Failing to warn invitees, including Plaintiff, that the area in question should be approached with caution; 2 Negligently maintaining the area in question in such a way as to constitute a negligent activity; Failing to warn invitees, including the Plaintiff that there was a. dangerous condition which required extra care to be taken while walking through that area; Failing to maintain the premises in a reasonably safe condition for the Plaintiff and other invitees; Failing to remove the dangerous condition or warn of its existence; J Failing to properly train agents, servants, and employees; and k, Failing to properly supervise and instruct agents, servants, and employees. 9. Defendant’s negligence was a proximate cause of Plaintiff's injuries alleged herein, Each of these acts and/or omissions, , whether taken singularly or in any combin ation constitutes negligence which proximate! ly caused the collision and injuries and other losses as specifically set forth herein, 10. As a direct and proximate result of the colli sion and the neglige nt conduct of the Defendants, plaintiffs have suffered serious bodily injury. VI. PREMISES LIABILITY 11. On or about the 24th day of Si ‘eptember 2021, Defendant SAM’S CLUB was in possession of the premises WALMART, INC, D/B/A SAM?S CLUB #8246 located at 12300 SW Fwy in Stafford, TX. As a customer on the premises, Plaintiff was an invitee on the premises because she entered onto the Defendant’ 's property with the express consent of the Defendant, and it was for the mutual benefit o: f both Plaintiff and Defendant. As such, Defendant owed a duty of care to adequately warn her of conditions on the premises posing an unreasonable risk of harm or to make the condition reasonably safe protect her from injury performing an extermination job at the home of the Defendant. Defendant knew or should have known that the area where the Alvera plant leaf was present—where Plaintiff fell—had not been pro perly inspected or maintained, such that it created a dangerous condition, posing an unreasonable risk of harm to the P| laintiff or others similarly situated. However, Defendant breached their duty of ordinary care to Plaintiff by both failing to warn the Plaintiff of the dang: erous condition and failing to make the condition reasonably safe. Plaintiff seeks all applicable damages available under Texas law. 12. This negligence proximately caused the Plaintiff's fall and injuries and other losses as set forth herein. 3. Vil. GROSS NEGLIGENCE or SAM’S CLUB 13, Defendants SAM’S CLUB negli igent conduct was more than a momen tary thoughtlessness or inadvertence, Rather, the Defendant’ 's conduct involved an extreme degree considering the probability and magnitud le of the potential harm to any of risk, person that may bein the path of the Defendant’: 's actions, Defendant had actual subjective awaren ess of the risk involved but nevertheless, proceeded in such conscious indifference to the Tights, safety,or welfare of the Plaintiff or others similarly situated. §41.001(11) Texas Civil Practic e & Remedies Code, 14, Each of these acts and/or omissions, whether taken singularly or in any combination constitutes negligence which proximate ly caused the collision and injuries and other losses as specifically set forth herein, all of which Plaintiff sufferedand which Plaintiff will continue to suffer in the future, if not for the remainder of his natural life. VII. EXEMPLARY DAMAGES 15. The above-referenced acts and/or omissions by Defendants SAM’S CLUB constitutes malice as that term is defined in Section 41.001(7) of the Texas Civil Practice and Remedies Code and gross negligence as the term is defined by Section 41.001(11). 16. The Defendants’ act or omissions described above e, when viewed objectiv ely from the standpoint of SAM’S CLUB at the time of the act or omission, involved an extreme degree of risk, considering the probability of harm to Plaintiff and others, 17, Defendant SAM’S CLUB had actual, subjective awareness of the risk involved in the above-described acts or omissions, but nevertheless proceeded with conscio us indifference to the rights, safety, or welfare of Plaintiff and others. 18. The above acts and/or omissions were singularly and cumulatively the proximate cause of the occurrence in question and the resulting injuries and damages sustained by Plaintiff. 19. Therefore, because of such acts of malice and gross negligence on behalf of Defendant SAM’S CLUB. Plaintiff sues for exemplary damages in an amount to be determi ned at trial. IX. CAUSATION anp DAMAGES 20. Each of the acts and omissions described above, taken singularly or in any combination, constitutes negligence and gross negligence which proximately caused the collision, injuries, and damages as specifically set forth herein, all of which Plaintiff JOHNN IE MARIE GREEN suffered, 4. 21. Asa direct and proximate result of the collision and the negligent conduct of Defendants, Plaintiff suffered severe bodily injuries to her knee, neck and other parts of her body generally, Her entire body was bruised, battered, and contused and she suffered great shock to her entire nervous system. The injuries are permanent in nature, The injuries have had a serious effect on the Plaintiff's health and well-being, Some of the effects will abide with the Plaintiff for a long time into the future, if not for his entire life. These specific injuries and their ill effects have, in tun, caused the Plaintiff's physical and mental condition to generally deteriorate, and the specific injuries and ill effects alleged have caused and will, in all reasonable probability, cause the Plaintiff to suffer consequences and ill effects of this deterioration throughout his body for a long time in the future, if not for the balance of his natural life. As a further result of the nature and consequences of his injuries, the Plaintiff suffered great physical and mental pain, suffering and mental anguish, and in all reasonable probability, will continue to suffer in this manner for a long time into the future, if not for the balance of his natural life. 22. Additionally, as a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff JOHNNIE MARIE GREEN incurred the following damages: a, Medical care and expenses incurred in the past; b. medical care and expenses that will in all reasonable probability be incurred in the future; Cc. Physical pain and suffering sustained in the past; d. Physical pain and suffering that will in all reasonable probability be sustained in the future; €. Physical impairment and disability in the past; f. Physical impairment and disability that will in all reasonable probability be sustained in the future; 8. Loss of wages in the past; h. Loss of past and future earning capacity; 1 Mental anguish in the past; J Mental anguish that will in all reasonable probability be suffered in the future; k. Physical disfigurement in the past; 1 Physical disfigurement that will in all reasonable probability be suffered in the fature; and m. Attorney’s fees, 23. Plaintiff further requests both pre-judgment and post-judgment interest on all his damages as allowed by law. 24, Plaintiff seeks monetary relief over $1,000,000 and demands a judgment for all other relief to which he deems to be justly entitled. 5. X. INTEREST 25. Plaintiff further request both prejudgment and post-judgment interest on all his damages as allowed by law. XI. RULE 193.7 NOTICE 26. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Defendant is hereby misthat the production of any document in response to written discovery authenticates the document for use against that part in any pretrial proceeding or at trial. XU, DEMAND FOR JURY TRIAL 27. Plaintiff demands atrial by jury. Plaintiff acknowledges payment tidate of the required jury fee. XII. REQUEST PURSUANT To RULE 28 FoR SUBSITUTION oF TRUE NAME 28.To the extent that the above-named Defendants and Parties are conducting business pursuant to a trade name or assumed name, then relief is sought against them pursuant to the terms of Rule 28 of the Texas Rules of Civil Procedure, and Plaintiff hereby demands upon answering this suit, that the