Preview
Electronically Filed
4/9/2024 7:27 AM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
CAUSE NO. C-1644-24-E
__________
MAXIMO ESCALANTE § IN THE DISTRICT COURT
§
Vs. § _____ JUDICIAL DISTRICT
§
H-E-B, L.P. § HIDALGO COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
NOW COMES MAXIMO ESCALANTE (hereinafter referred to as “Plaintiff”)
complaining of Defendant H-E-B, L.P. (hereinafter referred to as “Defendant”), and would
respectfully show the Court that:
DISCOVERY CONTROL PLAN
Plaintiff intends to conduct discovery in this matter under Level 3 of the Texas Rules of
Civil Procedure.
JURISDICTION AND VENUE
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 Hidalgo County, Texas.
STATEMENT REGARDING MONETARY RELIEF SOUGHT
Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiff seeks monetary relief of over
$1,000,000.00 but not more than $5,000,000.00, including damages of any kind, penalties, costs,
expenses, pre-judgment interest, and attorney’s fees and judgment for all other relief to which
Plaintiff is justly entitled. Plaintiff expressly reserves the right to amend this Rule 47 statement
of relief if necessary.
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Electronically Filed
4/9/2024 7:27 AM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-1644-24-E
PARTIES
Plaintiff is an individual residing in Hidalgo County, Texas.
Defendant is a limited liability company organized and engaged in business in the State of
Texas and may be served with citation by serving registered agent Abel Martinez, 646 S. Flores
Street, San Antonio, Texas 78204, or wherever he may be found.
MISNOMER/ALTER EGO
In the event any parties are misnamed or are not included herein, it is Plaintiff’s contention
that such was a “misidentification,” “misnomer,” and/or such parties are/were “alter egos” of
parties named herein. Alternatively, Plaintiff contends that any “corporate veils” should be pierced
to hold such parties properly included in the interest of justice. Pursuant to Texas Rule of Civil
Procedure 28, Plaintiff reserves the right to substitute this Defendant’s true name, if different than
the foregoing, after adequate time for discovery.
FACTS
This lawsuit is necessary as a result of personal injuries that Plaintiff received on or about
February 10, 2023. At that time, Plaintiff was a business invitee at the H-E-B located at 310 N.
Westgate Drive, Weslaco, Texas 78596. As Plaintiff was exiting the store, one of the doors
detached and struck Plaintiff. Consequently, Plaintiff suffered bodily injuries.
At the time of the incident in question, Plaintiff as a customer of Defendant. Defendant
knew or should have known of the unreasonably dangerous condition and neither corrected nor
warned Plaintiff of it. Plaintiff did not have any knowledge of the dangerous condition and could
not have reasonably been expected to discover it. Defendant either created the condition and/or
failed to correct the condition or to warn Plaintiff about the dangerous condition, which constituted
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Electronically Filed
4/9/2024 7:27 AM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-1644-24-E
negligence, and such negligence was a proximate cause of the occurrence in question and
Plaintiff’s resulting injuries.
Plaintiff would show that, based on the above-described facts, Defendant was negligent.
Defendant, as occupier and owner of the premises, with control over the premises, had a duty to
inform Plaintiff of the dangerous condition and make safe the defective condition existing on
Defendant’s premises.
Defendant is liable to Plaintiff under the theory of premises liability and negligence based
on the following negligent conduct:
(a). Failure to maintain the premises, including the lobby’s floor and doors, in a
reasonably safe condition.
(b). Failure to inspect the premises where the dangerous condition existed.
(c). Failure to correct the condition by taking reasonable measure to safeguard persons
who entered the premises;
(d). Failure to inform Plaintiff of the dangerous condition existing on the premises; and
(e). Other acts deemed negligent.
Each of the foregoing negligent acts and/or omissions, whether taken singularly or in any
combination, was a proximate cause of Plaintiff’s injuries and damages that are described below.
Defendant was also negligent in that it failed to act as reasonably prudent premise owner
would act in the same or similar situation.
DAMAGES
As a result of these acts or omissions, Plaintiff sustained damages recognizable by law.
By virtue of the actions and conduct of the Defendant set forth above, Plaintiff was
seriously injured and is entitled to recover the following damages:
a. Past and future medical expenses;
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Electronically Filed
4/9/2024 7:27 AM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-1644-24-E
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.
By reason of the above, Plaintiff is entitled to recover damages from the Defendant in an
amount within the jurisdictional limits of this Court, as well as pre and post-judgment interest.
JURY DEMAND
Plaintiff hereby demands a trial by jury.
RULE 193.7 NOTICE
Plaintiff hereby gives 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.
PRAYER
Plaintiff prays 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,
Plaintiff has 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.
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Electronically Filed
4/9/2024 7:27 AM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-1644-24-E
Respectfully submitted,
KENNY PEREZ LAW
/s/ Lee “Kenny” Perez
Lee “Kenny” Perez
Texas State Bar No. 24094112
3505 Boca Chica Blvd, Suite 151
Brownsville, TX 78521
Telephone: (956) 544-9292
Facsimile: (956) 544-9291
Kenny@KennyPerezLaw.com
ATTORNEY FOR PLAINTIFF
5
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.
Lee "Kenny" Perez
Bar No. 24094112
e-service@kennyperezlaw.com
Envelope ID: 86428965
Filing Code Description: Petition
Filing Description:
Status as of 4/9/2024 9:22 AM CST
Associated Case Party: MAXIMO ESCALANTE
Name BarNumber Email TimestampSubmitted Status
Kenny R Perez e-service@kennyperezlaw.com 4/9/2024 7:27:53 AM SENT
Preview
Electronically Filed 4/9/2024 7:27 AM Hidalgo County District Clerks Reviewed By: Juan Galvan CAUSE NO. C-1644-24-E __________ MAXIMO ESCALANTE § IN THE DISTRICT COURT § Vs. § _____ JUDICIAL DISTRICT § H-E-B, L.P. § HIDALGO COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION NOW COMES MAXIMO ESCALANTE (hereinafter referred to as “Plaintiff”) complaining of Defendant H-E-B, L.P. (hereinafter referred to as “Defendant”), and would respectfully show the Court that: DISCOVERY CONTROL PLAN Plaintiff intends to conduct discovery in this matter under Level 3 of the Texas Rules of Civil Procedure. JURISDICTION AND VENUE 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 Hidalgo County, Texas. STATEMENT REGARDING MONETARY RELIEF SOUGHT Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiff seeks monetary relief of over $1,000,000.00 but not more than $5,000,000.00, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney’s fees and judgment for all other relief to which Plaintiff is justly entitled. Plaintiff expressly reserves the right to amend this Rule 47 statement of relief if necessary. 1 Electronically Filed 4/9/2024 7:27 AM Hidalgo County District Clerks Reviewed By: Juan Galvan C-1644-24-E PARTIES Plaintiff is an individual residing in Hidalgo County, Texas. Defendant is a limited liability company organized and engaged in business in the State of Texas and may be served with citation by serving registered agent Abel Martinez, 646 S. Flores Street, San Antonio, Texas 78204, or wherever he may be found. MISNOMER/ALTER EGO In the event any parties are misnamed or are not included herein, it is Plaintiff’s contention that such was a “misidentification,” “misnomer,” and/or such parties are/were “alter egos” of parties named herein. Alternatively, Plaintiff contends that any “corporate veils” should be pierced to hold such parties properly included in the interest of justice. Pursuant to Texas Rule of Civil Procedure 28, Plaintiff reserves the right to substitute this Defendant’s true name, if different than the foregoing, after adequate time for discovery. FACTS This lawsuit is necessary as a result of personal injuries that Plaintiff received on or about February 10, 2023. At that time, Plaintiff was a business invitee at the H-E-B located at 310 N. Westgate Drive, Weslaco, Texas 78596. As Plaintiff was exiting the store, one of the doors detached and struck Plaintiff. Consequently, Plaintiff suffered bodily injuries. At the time of the incident in question, Plaintiff as a customer of Defendant. Defendant knew or should have known of the unreasonably dangerous condition and neither corrected nor warned Plaintiff of it. Plaintiff did not have any knowledge of the dangerous condition and could not have reasonably been expected to discover it. Defendant either created the condition and/or failed to correct the condition or to warn Plaintiff about the dangerous condition, which constituted 2 Electronically Filed 4/9/2024 7:27 AM Hidalgo County District Clerks Reviewed By: Juan Galvan C-1644-24-E negligence, and such negligence was a proximate cause of the occurrence in question and Plaintiff’s resulting injuries. Plaintiff would show that, based on the above-described facts, Defendant was negligent. Defendant, as occupier and owner of the premises, with control over the premises, had a duty to inform Plaintiff of the dangerous condition and make safe the defective condition existing on Defendant’s premises. Defendant is liable to Plaintiff under the theory of premises liability and negligence based on the following negligent conduct: (a). Failure to maintain the premises, including the lobby’s floor and doors, in a reasonably safe condition. (b). Failure to inspect the premises where the dangerous condition existed. (c). Failure to correct the condition by taking reasonable measure to safeguard persons who entered the premises; (d). Failure to inform Plaintiff of the dangerous condition existing on the premises; and (e). Other acts deemed negligent. Each of the foregoing negligent acts and/or omissions, whether taken singularly or in any combination, was a proximate cause of Plaintiff’s injuries and damages that are described below. Defendant was also negligent in that it failed to act as reasonably prudent premise owner would act in the same or similar situation. DAMAGES As a result of these acts or omissions, Plaintiff sustained damages recognizable by law. By virtue of the actions and conduct of the Defendant set forth above, Plaintiff was seriously injured and is entitled to recover the following damages: a. Past and future medical expenses; 3 Electronically Filed 4/9/2024 7:27 AM Hidalgo County District Clerks Reviewed By: Juan Galvan C-1644-24-E 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. By reason of the above, Plaintiff is entitled to recover damages from the Defendant in an amount within the jurisdictional limits of this Court, as well as pre and post-judgment interest. JURY DEMAND Plaintiff hereby demands a trial by jury. RULE 193.7 NOTICE Plaintiff hereby gives 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. PRAYER Plaintiff prays 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, Plaintiff has 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. 4 Electronically Filed 4/9/2024 7:27 AM Hidalgo County District Clerks Reviewed By: Juan Galvan C-1644-24-E Respectfully submitted, KENNY PEREZ LAW /s/ Lee “Kenny” Perez Lee “Kenny” Perez Texas State Bar No. 24094112 3505 Boca Chica Blvd, Suite 151 Brownsville, TX 78521 Telephone: (956) 544-9292 Facsimile: (956) 544-9291 Kenny@KennyPerezLaw.com ATTORNEY FOR PLAINTIFF 5 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. Lee "Kenny" Perez Bar No. 24094112 e-service@kennyperezlaw.com Envelope ID: 86428965 Filing Code Description: Petition Filing Description: Status as of 4/9/2024 9:22 AM CST Associated Case Party: MAXIMO ESCALANTE Name BarNumber Email TimestampSubmitted Status Kenny R Perez e-service@kennyperezlaw.com 4/9/2024 7:27:53 AM SENT