Preview
4/8/2024 6:10 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 86424639
2024-22204 / Court: 281 By: Wanda Chambers
Filed: 4/8/2024 6:10 PM
CAUSE NO.
DESIREE TAYLOR, INDIVIDUALLY, § IN THE DISTRICT COURT
AND A/N/F OF MINOR B.T.
Plaintiffs,
HARRIS COUNTY, TEXAS
V.
AT HOME STORES, LLC
Defendant. _____ JUDICIAL DISTRICT
PLAINTIFFS’ ORIGINAL PETITION
Plaintiffs, Desiree Taylor, individually, and A/N/F of minor B.T. (hereinafter, “Plaintiffs”)
complains of Defendant, At Home Stores, LLC, (hereinafter, “Defendant”), and would respectfully
show the Court that:
Discovery Control Plan
1 Plaintiffs intend to conduct discovery in this matter under Level 3 of the Texas Rules of
Civil Procedure.
Jurisdiction and Venue
2 The claims asserted arise under the common law of Texas. This Court has jurisdiction and
venue is proper because all or a substantial part of the events or omissions giving rise to the claim
occurred in Harris County, Texas.
Statement Regarding Monetary Relief Sought
3 Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiffs seek monetary relief over
$250,000.00 but not more than $1,000,000.00, including damages of any kind, penalties, costs,
expenses, pre-judgment interest and attorney’s fees and judgment for all other relief to which
Plaintiffs are justly entitled. Plaintiffs expressly reserve the right to amend this Rule 47 statement
of relief if necessary. Plaintiffs further plead that the amount in controversy in this matter does not
exceed $75,000.00.
Parties
4 Plaintiffs Desiree Taylor, individually, and a/n/f of minor B.F. are individuals residing in
Harris County, Texas.
5 Defendant At Home Stores, LLC is a Delaware corporation engaged in business in Harris
County, Texas. Defendant may be served with process by serving its registered agent, Corporation
Service Company d/b/a CSC-Lawyers Incorporated, 211 East 7th Street, Suite 620, Austin, Texas
78701
Facts
6 This lawsuit is necessary as a result of personal injuries that Plaintiffs received on or about
February 2, 2024. At that time, Plaintiffs were invitees at Defendant’s store at 19420 Katy
Freeway, Houston, Texas 77094. Plaintiff Desiree Taylor was attempting to purchase her products
when one of Defendant’s employees, Daveioa Cannon, who is a non-party to the suit, began
verbally attacking Plaintiff Desiree Taylor over the price of bed sheets. Defendant’s employee
stated to Plaintiff Desiree Taylor that she was going to “beat that bitch ass” and repeatedly told
Plaintiff Desiree Taylor to “go outside” with her. Defendant’s employee then began assaulting
Plaintiff Desiree Taylor and her eleven-year-old daughter, Plaintiff B.F. This altercation resulted
in injuries to Plaintiff Desiree Taylor’s head, back, right arm and right eye. The fight also caused
Plaintiff B.F. to suffer injuries to her face and back.
Vicarious Liability
7 At all times material hereto, Defendant’s employee at 19420 Katy Freeway, Houston,
Texas 77094, was engaged in their employment duties within the scope and course of their
employment with the Defendant. As the proximate cause of Plaintiffs’ damages, Defendant is
vicariously liable for Defendant’s employee’s negligent acts and omissions under the doctrine of
respondeat superior. Plaintiffs further plead that Defendant was negligent and/or negligent per se
for one or more of the following reasons
a. Negligently hired and/or retained employees;
b. Negligently trained and/or supervised employees;
c. Violated applicable local, state, and federal laws and/or regulations; and/or
d. Other acts so deemed negligent.
8 Each of the foregoing negligent acts and/or omissions, whether taken singularly or in any
combination, was a proximate cause of Plaintiffs’ injuries and damages that are described below.
9 Defendant had direct control and management of its employee when the incident occurred
and bore responsibility in failing to maintain safe employees and/or agents. Plaintiffs’ severe
injuries were proximately caused by Defendant’s negligence.
10. At all times material hereto, Defendant’s employee was under the direction of Defendant.
As such, Defendant is vicariously liable for their agent’s negligent acts and omissions under the
doctrine of respondeat superior.
Damage:
11. As a result of these acts or omissions, Plaintiffs sustained damages recognizable by law.
12. By virtue of the actions and conduct of Defendant as set forth above, Plaintiffs were
seriously injured and is entitled to recover the following damages.
a. Past and future medical expenses;
b. Past and future pain, suffering and mental anguish;
c. Past and future physical impairment;
d. Past and future physical disfigurement; and
e. Past lost wages and future loss of earning capacity.
13. By reason of the above, Plaintiffs are entitled to recover damages from Defendant in an
amount within the jurisdictional limits of this Court, as well as pre and post-judgment interest.
Rule 193.7 Notice
14. Plaintiffs hereby give actual notice to Defendant that any and all documents produced may
be used against Defendant at any pre-trial proceeding and/or at trial of this matter without the
necessity of authenticating the documents.
Initial Disclosures
15 Pursuant to Texas Rules of Civil Procedure 194, Defendant must, without awaiting a
discovery request, provide the information or materials described in TEXAS RULE OF CIVIL
PROCEDURE 194.2 within 30 days of being served with this petition.
Praye'
Plaintiffs pray that this citation issue and be served upon Defendant in a form and manner
prescribed by law, requiring that Defendant appear and answer, and that upon final hearing,
Plaintiffs have judgment against Defendant in a total sum in excess of the minimum jurisdictional
limits of this Court, plus pre-judgment and post judgment interests, all costs of Court, and all such
other and further relief, to which she may be justly entitled
[Signature Block to Follow]
Respectfully Submitted,
DasPIT LAW FIRM
/s/ Kristin Motley
Kristin Motley
Texas State Bar No. 24137645
400 Louisiana Street, Suite 1400
Houston, Texas 77002
Telephone: (713) 322-4878
Facsimile: (713) 587-9086
E-Service E-mail: e-service@daspitlaw.com
ATTORNEY FOR PLAINTIFFS
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.
Michael Calavera on behalf of John Daspit
Bar No. 24048906
mcalavera@daspitlaw.com
Envelope ID: 86424639
Filing Code Description: Petition
Filing Description: Desiree Taylor and A/N/F of Minor B.T. v At Homes
Stores LLC
Status as of 4/9/2024 8:05 AM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted Status
John Daspit e-service@daspitlaw.com 4/8/2024 6:10:42 PM SENT
Jaime Holder jholder@proactivelegal.com 4/8/2024 6:10:42 PM SENT
Kristin Motley kmotley@daspitlaw.com 4/8/2024 6:10:42 PM SENT
Daspit Proactive Legal daspit@proactivelegal.com 4/8/2024 6:10:42 PM SENT
Preview
4/8/2024 6:10 PM Marilyn Burgess - District Clerk Harris County Envelope No. 86424639 2024-22204 / Court: 281 By: Wanda Chambers Filed: 4/8/2024 6:10 PM CAUSE NO. DESIREE TAYLOR, INDIVIDUALLY, § IN THE DISTRICT COURT AND A/N/F OF MINOR B.T. Plaintiffs, HARRIS COUNTY, TEXAS V. AT HOME STORES, LLC Defendant. _____ JUDICIAL DISTRICT PLAINTIFFS’ ORIGINAL PETITION Plaintiffs, Desiree Taylor, individually, and A/N/F of minor B.T. (hereinafter, “Plaintiffs”) complains of Defendant, At Home Stores, LLC, (hereinafter, “Defendant”), and would respectfully show the Court that: Discovery Control Plan 1 Plaintiffs intend to conduct discovery in this matter under Level 3 of the Texas Rules of Civil Procedure. Jurisdiction and Venue 2 The claims asserted arise under the common law of Texas. This Court has jurisdiction and venue is proper because all or a substantial part of the events or omissions giving rise to the claim occurred in Harris County, Texas. Statement Regarding Monetary Relief Sought 3 Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiffs seek monetary relief over $250,000.00 but not more than $1,000,000.00, including damages of any kind, penalties, costs, expenses, pre-judgment interest and attorney’s fees and judgment for all other relief to which Plaintiffs are justly entitled. Plaintiffs expressly reserve the right to amend this Rule 47 statement of relief if necessary. Plaintiffs further plead that the amount in controversy in this matter does not exceed $75,000.00. Parties 4 Plaintiffs Desiree Taylor, individually, and a/n/f of minor B.F. are individuals residing in Harris County, Texas. 5 Defendant At Home Stores, LLC is a Delaware corporation engaged in business in Harris County, Texas. Defendant may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC-Lawyers Incorporated, 211 East 7th Street, Suite 620, Austin, Texas 78701 Facts 6 This lawsuit is necessary as a result of personal injuries that Plaintiffs received on or about February 2, 2024. At that time, Plaintiffs were invitees at Defendant’s store at 19420 Katy Freeway, Houston, Texas 77094. Plaintiff Desiree Taylor was attempting to purchase her products when one of Defendant’s employees, Daveioa Cannon, who is a non-party to the suit, began verbally attacking Plaintiff Desiree Taylor over the price of bed sheets. Defendant’s employee stated to Plaintiff Desiree Taylor that she was going to “beat that bitch ass” and repeatedly told Plaintiff Desiree Taylor to “go outside” with her. Defendant’s employee then began assaulting Plaintiff Desiree Taylor and her eleven-year-old daughter, Plaintiff B.F. This altercation resulted in injuries to Plaintiff Desiree Taylor’s head, back, right arm and right eye. The fight also caused Plaintiff B.F. to suffer injuries to her face and back. Vicarious Liability 7 At all times material hereto, Defendant’s employee at 19420 Katy Freeway, Houston, Texas 77094, was engaged in their employment duties within the scope and course of their employment with the Defendant. As the proximate cause of Plaintiffs’ damages, Defendant is vicariously liable for Defendant’s employee’s negligent acts and omissions under the doctrine of respondeat superior. Plaintiffs further plead that Defendant was negligent and/or negligent per se for one or more of the following reasons a. Negligently hired and/or retained employees; b. Negligently trained and/or supervised employees; c. Violated applicable local, state, and federal laws and/or regulations; and/or d. Other acts so deemed negligent. 8 Each of the foregoing negligent acts and/or omissions, whether taken singularly or in any combination, was a proximate cause of Plaintiffs’ injuries and damages that are described below. 9 Defendant had direct control and management of its employee when the incident occurred and bore responsibility in failing to maintain safe employees and/or agents. Plaintiffs’ severe injuries were proximately caused by Defendant’s negligence. 10. At all times material hereto, Defendant’s employee was under the direction of Defendant. As such, Defendant is vicariously liable for their agent’s negligent acts and omissions under the doctrine of respondeat superior. Damage: 11. As a result of these acts or omissions, Plaintiffs sustained damages recognizable by law. 12. By virtue of the actions and conduct of Defendant as set forth above, Plaintiffs were seriously injured and is entitled to recover the following damages. a. Past and future medical expenses; b. Past and future pain, suffering and mental anguish; c. Past and future physical impairment; d. Past and future physical disfigurement; and e. Past lost wages and future loss of earning capacity. 13. By reason of the above, Plaintiffs are entitled to recover damages from Defendant in an amount within the jurisdictional limits of this Court, as well as pre and post-judgment interest. Rule 193.7 Notice 14. Plaintiffs hereby give actual notice to Defendant that any and all documents produced may be used against Defendant at any pre-trial proceeding and/or at trial of this matter without the necessity of authenticating the documents. Initial Disclosures 15 Pursuant to Texas Rules of Civil Procedure 194, Defendant must, without awaiting a discovery request, provide the information or materials described in TEXAS RULE OF CIVIL PROCEDURE 194.2 within 30 days of being served with this petition. Praye' Plaintiffs pray that this citation issue and be served upon Defendant in a form and manner prescribed by law, requiring that Defendant appear and answer, and that upon final hearing, Plaintiffs have judgment against Defendant in a total sum in excess of the minimum jurisdictional limits of this Court, plus pre-judgment and post judgment interests, all costs of Court, and all such other and further relief, to which she may be justly entitled [Signature Block to Follow] Respectfully Submitted, DasPIT LAW FIRM /s/ Kristin Motley Kristin Motley Texas State Bar No. 24137645 400 Louisiana Street, Suite 1400 Houston, Texas 77002 Telephone: (713) 322-4878 Facsimile: (713) 587-9086 E-Service E-mail: e-service@daspitlaw.com ATTORNEY FOR PLAINTIFFS 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. Michael Calavera on behalf of John Daspit Bar No. 24048906 mcalavera@daspitlaw.com Envelope ID: 86424639 Filing Code Description: Petition Filing Description: Desiree Taylor and A/N/F of Minor B.T. v At Homes Stores LLC Status as of 4/9/2024 8:05 AM CST Case Contacts Name BarNumber | Email TimestampSubmitted Status John Daspit e-service@daspitlaw.com 4/8/2024 6:10:42 PM SENT Jaime Holder jholder@proactivelegal.com 4/8/2024 6:10:42 PM SENT Kristin Motley kmotley@daspitlaw.com 4/8/2024 6:10:42 PM SENT Daspit Proactive Legal daspit@proactivelegal.com 4/8/2024 6:10:42 PM SENT