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CAUSE NO. __________
SAMMIA FROUGH § IN THE DISTRICT COURT OF
§
Plaintiff,
§ MONTGOMERY COUNTY, TEXAS
§
WAL MART STORES TEXAS, LLC §
Defendant. § _____th JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION & REQUEST FOR DISCLOSURE
Plaintiff Sammia Frough complains of Defendant Wal Mart Store Texas, LLC and would
respectfully show the Court the following:
Discovery Control Plan
1. Plaintiff intends that discovery be conducted under Level 2. Plaintiff has been
damaged in a sum far in excess of the minimum jurisdictional limits of this Honorable Court, and
affirmatively pleads that she seeks monetary relief over $250,000.00, but no more than
, at this time. Plaintiff reserves the right to amend this damage calculation as
discovery progresses. Plaintiff makes this damage calculation at this time pursuant to Texas Rule
of Civil Procedure 47.
Parties and Service
2. Plaintiff Sammia Frough s a resident citizen of Texas.
3. Defendant Wal Mart Stores Texas, LLC, is a business entity conducting business
in Harris County, Texas. It may be served by and through its registered agent, C T Corporation
System at 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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4. 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 such “corporate veils” should
be pierced to hold such parties properly included in the interest of justice. Plaintiff reserves the
right to amend the true names of the parties pursuant to the Texas Rules of Civil Procedure.
5. To the extent that Defendant is conducting business relevant to the allegations
made the basis of this suit under a trade name, assumed name, unincorporated association or
entity, private corporation, partnership, or other business name, notice is hereby given that this
suit is further brought against such entities as allowable by law and that appearance an Answer
be made under such name pursuant to TEX R. 28.
I.
Jurisdiction and Venue
6. The subject matter in controversy is within the jurisdictional limits of this court.
7. This Court has jurisdiction and venue is proper under Section 15.002 of the Texas
Civil Practice and Remedies Codebecause all or a substantial part of the events or omissions that
gave rise to this cause of action occurred in Montgomery County, Texas. Plaintiff seeks damages
in excess of $250,000.00 but no more than $1,000,000.00.
IV.
Facts
8. This lawsuit is necessary as a result of personal injuries Plaintiff suffered on or
about December 15, 2022 On that day Plaintiff was at a Wal Mart (hereinafter referred to as
“Defendant’s premises”) located at 23561 US 59, Porter, Texas 77365, and at all times material
owned, operated, controlled, and/or managed by Defendant Wal Mart Stores Texas, LLC. While
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Plaintiff was shopping within Defendant’s premises she entered the woman’s restroom which was
offered to customers such as herself Once in the restroom Plaintiff suddenly, and unexpectedly,
slipped on a puddle of liquid and violently fell to the ground sustaining bodily injuries. It is as a
direct result of Defendant’s negligence Plaintiff has suffered severe personal injuries for which
she now brings this action.
9. At all relevant times Defendant had actual and/or constructive knowledge of an
unreasonably dangerous condition on its property yet did nothing to remedy or otherwise warn
Plaintiff of the dangerous condition. This dangerous condition and Defendant’s negligence caused
Plaintiff’s injuries and damages.
Negligence of Defendant Wal-Mart Stores of Texas, LLC
10. The conduct of Defendant, and that of Defendant’s officers, agents, servants,
employees, vice principals, and/or representatives, constituted negligence as that term is
understood in law and such conduct was the proximate cause of the occurrence made the basis of
this lawsuit.
11. At the time and on the occasion in question, Defendant owed duties to Plaintiff,
including but not limited to the following, and, by various acts and omissions, breached these
duties, each of which singularly or in combination, was a proximate cause of the occurrence in
question:
In failingto maintain Defendant’s premises in a reasonably safe manner;
In failing to warn Plaintiff of the unreasonably dangerous condition at
Defendant’s Premises;
In failing to properly train its employees on how to eliminate and warn against
unreasonably dangerous conditions on Defendant’s Premises;
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In failing to properly supervise its employees in their maintenance of common
areas on Defendant’sPremises ;
In failing to properly supervise employees in the course of their employment;
In failing to properly train employees on customer safety;
In creating or causing the dangerous condition;
In failing to inspect the area in a proper and timely manner;
Negligent hiring; and
Other acts and/or omissions deemed negligent.
12. Plaintiff would show that such negligence proximately caused damages to Plaintiff
as more fully described below.
13. At the time of the incident in question, Defendant controlled the exact premises in
question where the incident took place. Defendant owed and assumed a duty to provide a
reasonably safe premises to its invitees, such as Plaintiff. The condition of the common area posed
an unreasonable risk of harm. Specifically, Defendant breached its duty of ordinary care by failing
to adequately warn Plaintiff and by failing to make the unreasonably dangerous condition
reasonably safe. Defendant’s failure to exercise reasonable care proximately caused the incident
in question and resulting damages to Plaintiff.
VI.
Respondeat Superior
14. Plaintiff states that at the time of the occurrence made the basis of this suit, the
individuals responsible for the upkeep of Defendant’s premises were acting in their capacity as
agents, servants, vice principals, representatives and/or employees of Defendant and were acting
within the course and scope of their authority as such. Therefore, the doctrine of Respondeat
Superior should be applied to Defendant and Defendant should be held vicariously responsible for
the acts and omissions of agents, employees, servants, and/or vice-principals.
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VII.
Damages
As a result of these occurrences, Plaintiff sustained injuries to her body which
resulted in physical pain, mental anguish, and other medical problems. Plaintiff will show that he
has sustained severe pain, physical impairment, discomfort, mental anguish, disfigurement, and
distress, and that in all reasonable probability, such physical pain, physical impairment,
discomfort, mental anguish, disfigurement, and distress will continue indefinitely. Plaintiff
suffered a loss of earnings in the past, as well as a loss of future earning capacity. Plaintiff has
incurred and will continue to incur pharmaceutical and medical expenses in connection with her
injuries.
VIII
Request for Disclosure
Pursuant to Texas Rule of Civil Procedure 194(a), each Defendant is required to
disclose, within thirty (30) days of the filing of the first answer, the information or material
described in Rule 194.2(b)1-12. Any Defendant that is served or otherwise joined after the filing
of the first answer must make their initial disclosures within thirty (30) days after being served or
joined.
IX.
Jury Demand
17. Plaintiff hereby demands a trial by jury.
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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 have judgment against Defendant in a total sum in excess of the minimum jurisdictional
limits of this Court, in excess of $25 plus pre judgment and post judgment interests, all
costs of Court, actual and consequential damages allowed by law, exemplary damages, and all
such other and further relief, to which she may show herselfjustly entitled.
Respectfully submitted,
TILTON & TILTON LLP
/s/: R. Matthew Franks
Michael S. Tilton
Texas State Bar No. 24056438
E-Mail: MTilton@tiltonlawfirm.com
. Matthew Franks
Texas State Bar No. 24109888
E-Mail: RFranks@tiltonlawfirm.com
River Oaks Tower
3730 Kirby Drive, Suite 1020
Houston, Texas 77098
Telephone: (713) 774-8600
Facsimile: (713) 222-2124
ATTORNEYS FOR PLAINTIFF
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Preview
CAUSE NO. __________ SAMMIA FROUGH § IN THE DISTRICT COURT OF § Plaintiff, § MONTGOMERY COUNTY, TEXAS § WAL MART STORES TEXAS, LLC § Defendant. § _____th JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION & REQUEST FOR DISCLOSURE Plaintiff Sammia Frough complains of Defendant Wal Mart Store Texas, LLC and would respectfully show the Court the following: Discovery Control Plan 1. Plaintiff intends that discovery be conducted under Level 2. Plaintiff has been damaged in a sum far in excess of the minimum jurisdictional limits of this Honorable Court, and affirmatively pleads that she seeks monetary relief over $250,000.00, but no more than , at this time. Plaintiff reserves the right to amend this damage calculation as discovery progresses. Plaintiff makes this damage calculation at this time pursuant to Texas Rule of Civil Procedure 47. Parties and Service 2. Plaintiff Sammia Frough s a resident citizen of Texas. 3. Defendant Wal Mart Stores Texas, LLC, is a business entity conducting business in Harris County, Texas. It may be served by and through its registered agent, C T Corporation System at 1999 Bryan Street, Suite 900, Dallas, Texas 75201. 1 4. 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 such “corporate veils” should be pierced to hold such parties properly included in the interest of justice. Plaintiff reserves the right to amend the true names of the parties pursuant to the Texas Rules of Civil Procedure. 5. To the extent that Defendant is conducting business relevant to the allegations made the basis of this suit under a trade name, assumed name, unincorporated association or entity, private corporation, partnership, or other business name, notice is hereby given that this suit is further brought against such entities as allowable by law and that appearance an Answer be made under such name pursuant to TEX R. 28. I. Jurisdiction and Venue 6. The subject matter in controversy is within the jurisdictional limits of this court. 7. This Court has jurisdiction and venue is proper under Section 15.002 of the Texas Civil Practice and Remedies Codebecause all or a substantial part of the events or omissions that gave rise to this cause of action occurred in Montgomery County, Texas. Plaintiff seeks damages in excess of $250,000.00 but no more than $1,000,000.00. IV. Facts 8. This lawsuit is necessary as a result of personal injuries Plaintiff suffered on or about December 15, 2022 On that day Plaintiff was at a Wal Mart (hereinafter referred to as “Defendant’s premises”) located at 23561 US 59, Porter, Texas 77365, and at all times material owned, operated, controlled, and/or managed by Defendant Wal Mart Stores Texas, LLC. While 2 Plaintiff was shopping within Defendant’s premises she entered the woman’s restroom which was offered to customers such as herself Once in the restroom Plaintiff suddenly, and unexpectedly, slipped on a puddle of liquid and violently fell to the ground sustaining bodily injuries. It is as a direct result of Defendant’s negligence Plaintiff has suffered severe personal injuries for which she now brings this action. 9. At all relevant times Defendant had actual and/or constructive knowledge of an unreasonably dangerous condition on its property yet did nothing to remedy or otherwise warn Plaintiff of the dangerous condition. This dangerous condition and Defendant’s negligence caused Plaintiff’s injuries and damages. Negligence of Defendant Wal-Mart Stores of Texas, LLC 10. The conduct of Defendant, and that of Defendant’s officers, agents, servants, employees, vice principals, and/or representatives, constituted negligence as that term is understood in law and such conduct was the proximate cause of the occurrence made the basis of this lawsuit. 11. At the time and on the occasion in question, Defendant owed duties to Plaintiff, including but not limited to the following, and, by various acts and omissions, breached these duties, each of which singularly or in combination, was a proximate cause of the occurrence in question: In failingto maintain Defendant’s premises in a reasonably safe manner; In failing to warn Plaintiff of the unreasonably dangerous condition at Defendant’s Premises; In failing to properly train its employees on how to eliminate and warn against unreasonably dangerous conditions on Defendant’s Premises; 3 In failing to properly supervise its employees in their maintenance of common areas on Defendant’sPremises ; In failing to properly supervise employees in the course of their employment; In failing to properly train employees on customer safety; In creating or causing the dangerous condition; In failing to inspect the area in a proper and timely manner; Negligent hiring; and Other acts and/or omissions deemed negligent. 12. Plaintiff would show that such negligence proximately caused damages to Plaintiff as more fully described below. 13. At the time of the incident in question, Defendant controlled the exact premises in question where the incident took place. Defendant owed and assumed a duty to provide a reasonably safe premises to its invitees, such as Plaintiff. The condition of the common area posed an unreasonable risk of harm. Specifically, Defendant breached its duty of ordinary care by failing to adequately warn Plaintiff and by failing to make the unreasonably dangerous condition reasonably safe. Defendant’s failure to exercise reasonable care proximately caused the incident in question and resulting damages to Plaintiff. VI. Respondeat Superior 14. Plaintiff states that at the time of the occurrence made the basis of this suit, the individuals responsible for the upkeep of Defendant’s premises were acting in their capacity as agents, servants, vice principals, representatives and/or employees of Defendant and were acting within the course and scope of their authority as such. Therefore, the doctrine of Respondeat Superior should be applied to Defendant and Defendant should be held vicariously responsible for the acts and omissions of agents, employees, servants, and/or vice-principals. 4 VII. Damages As a result of these occurrences, Plaintiff sustained injuries to her body which resulted in physical pain, mental anguish, and other medical problems. Plaintiff will show that he has sustained severe pain, physical impairment, discomfort, mental anguish, disfigurement, and distress, and that in all reasonable probability, such physical pain, physical impairment, discomfort, mental anguish, disfigurement, and distress will continue indefinitely. Plaintiff suffered a loss of earnings in the past, as well as a loss of future earning capacity. Plaintiff has incurred and will continue to incur pharmaceutical and medical expenses in connection with her injuries. VIII Request for Disclosure Pursuant to Texas Rule of Civil Procedure 194(a), each Defendant is required to disclose, within thirty (30) days of the filing of the first answer, the information or material described in Rule 194.2(b)1-12. Any Defendant that is served or otherwise joined after the filing of the first answer must make their initial disclosures within thirty (30) days after being served or joined. IX. Jury Demand 17. Plaintiff hereby demands a trial by jury. 5 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 have judgment against Defendant in a total sum in excess of the minimum jurisdictional limits of this Court, in excess of $25 plus pre judgment and post judgment interests, all costs of Court, actual and consequential damages allowed by law, exemplary damages, and all such other and further relief, to which she may show herselfjustly entitled. Respectfully submitted, TILTON & TILTON LLP /s/: R. Matthew Franks Michael S. Tilton Texas State Bar No. 24056438 E-Mail: MTilton@tiltonlawfirm.com . Matthew Franks Texas State Bar No. 24109888 E-Mail: RFranks@tiltonlawfirm.com River Oaks Tower 3730 Kirby Drive, Suite 1020 Houston, Texas 77098 Telephone: (713) 774-8600 Facsimile: (713) 222-2124 ATTORNEYS FOR PLAINTIFF 6