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CAUSE NO. _____________________
NATIONWIDE MUTUAL INSURANCE § IN THE DISTRICT COURT
COMPANY,
Plaintiff,
VS. § ______ JUDICIAL DISTRICT
CONROE PLUMBING AND
SUPPLY LLC,
Defendant. § MONTGOMERY COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Nationwide Mutual Insurance Company, hereinafter referred to as
“Plaintiff,” complaining of Conroe Plumbing and Supply LLC, and hereinafter referred to as
“Defendant,” and for cause of action would respectfully show this Honorable Court as follows:
Plaintiff intends to conduct discovery in this matter under Level 2 of the Texas Rules of
Civil Procedure 190. Plaintiffs seek only monetary relief of $100,000 or less, including damages
of any kind, penalties, costs expenses pre-judgment interest, and attorney fees.
II.
All or a substantial part of the events or omissions giving rise to this lawsuit occurred in
Montgomery County, Texas. Therefore, pursuant to Tex. Civ. Prac. & Rem. Code §15.002, venue
is proper in Montgomery County, Texas. The damages being sought by Plaintiff are in excess of
the minimum jurisdictional requirements of this Court. Plaintiff represents that this Court has
personal and subject matter jurisdiction over the parties and matters in controversy.
PLAINTIFF’S ORIGINAL PETITION Page 1 of 4
III.
Plaintiff, Nationwide Mutual Insurance Company (“Nationwide”) is an insurance company
authorized to do business in the State of Texas and having made payment on a claim arising from
the conduct of the Defendant, brings this lawsuit as Subrogee and real party in interest of its
insured, Glenn Kastner (“Kastner”).
Defendant Conroe Plumbing and Supply LLC (“Conroe Plumbing”) is believed to
be a Texas corporation whose principal office is located at 6950 Old Highway 105 W, Conroe,
Texas 77304. Conroe Plumbing may be served with process by serving its registered agent, Hester
William at 8111 Ashlane Way, The Woodlands, Texas 77382. Service by certified mail is
requested as follows:
Conroe Plumbing and Supply LLC
c/o Hester William
8111 Ashlane Way
The Woodlands, Texas 77382
IV. Facts
On or about November 13, 2023, Defendant Conroe Plumbing was hired to make certain
water and sewer line connections to Kastner’s recreation vehicle, a 2021 East To West Silver Lake
RV (serial no. 5ZT2SKWB4M9005564). Conroe Plumbing mis-conned the water and sewer lines,
ultimately causing a blackwater event within the RV. As a result of such misconnection, the
Kastner’s RV incurred significant damages.
Pursuant to the terms of its insurance policy with Kastner, Nationwide paid to Kastner or
on his behalf approximately $46,539.00. To the extent of its payments, Nationwide is now
contractually and/or equitably subrogated to the rights of Kastner and asserts those rights herein.
PLAINTIFF’S ORIGINAL PETITION Page 2 of 4
VI. Negligence
As and for its cause of action against Defendant, Plaintiff re-pleads, re-states, and re-alleges
the previous paragraphs as if set forth fully herein, and would show the Court the following:
Defendant owed a duty to exercise reasonably prudent and ordinary care in the connection
of the water and sewer lines on Kastner’s RV. Defendant breached such duty, and proximately
caused Plaintiff’s damages in excess of the Court’s minimum jurisdictional requirements.
VII. Damages
The intruding blackwater described above caused significant damages to Kastner’s RV.
As a direct and proximate result of Defendant’s acts/omissions as described above, the reasonable
and necessary costs to clean up, repair and/or restore Kastner’s RV exceeded the RV’s value. The
fair market for the RV at the time and place of its damages was $46,539.00. For such amount
Plaintiff brings this suit.
VIII. Plea To The Court
Nationwide pleads to the Court for the recovery from Defendant for all sums due for which
benefits have been paid to or on behalf of Kastner under that certain policy of property insurance
issued by Nationwide with rights of subrogation. This sum would include benefits for property
loss and related expenses incurred. Nationwide pleas to the Court for recovery as set forth above,
and further that in the event this matter is tried to a jury, that the jury not be instructed by who
benefits were paid or the fact that this action is brought by Nationwide, and for such other and
further relief to which Nationwide is justly entitled.
IX. Conditions Precedent Met
All conditions precedent to Plaintiff’s recovery herein have been met or have occurred.
PLAINTIFF’S ORIGINAL PETITION Page 3 of 4
X. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to
appear and to answer this action and that upon final trial, the Plaintiff have judgment against the
Defendant for:
Monetary relief of more than $46,539.00, including damages of
any kind, penalties, costs, and expenses;
Pre-judgment interest as provided by law;
Post-judgment interest as provided by law;
Costs of suit; and,
Such other and further relief, both general and special, to which
your Plaintiff may show itself justly entitled.
Respectfully submitted,
LAW OFFICE OF LAWRENCE & MARTINEZ
JEFFREY RYAN CAGLE
State Bar Number: 24003676
105 Decker Court, Suite 150
Irving, Texas 75062-2211
(972) 650-8048 (Telephone)
(972) 536-7304 (Direct)
(855) 717-5349 (Facsimile)
Caglej5@nationwide.com
TTORNEY FOR LAINTIFF
PLAINTIFF’S ORIGINAL PETITION Page 4 of 4
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CAUSE NO. _____________________ NATIONWIDE MUTUAL INSURANCE § IN THE DISTRICT COURT COMPANY, Plaintiff, VS. § ______ JUDICIAL DISTRICT CONROE PLUMBING AND SUPPLY LLC, Defendant. § MONTGOMERY COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Nationwide Mutual Insurance Company, hereinafter referred to as “Plaintiff,” complaining of Conroe Plumbing and Supply LLC, and hereinafter referred to as “Defendant,” and for cause of action would respectfully show this Honorable Court as follows: Plaintiff intends to conduct discovery in this matter under Level 2 of the Texas Rules of Civil Procedure 190. Plaintiffs seek only monetary relief of $100,000 or less, including damages of any kind, penalties, costs expenses pre-judgment interest, and attorney fees. II. All or a substantial part of the events or omissions giving rise to this lawsuit occurred in Montgomery County, Texas. Therefore, pursuant to Tex. Civ. Prac. & Rem. Code §15.002, venue is proper in Montgomery County, Texas. The damages being sought by Plaintiff are in excess of the minimum jurisdictional requirements of this Court. Plaintiff represents that this Court has personal and subject matter jurisdiction over the parties and matters in controversy. PLAINTIFF’S ORIGINAL PETITION Page 1 of 4 III. Plaintiff, Nationwide Mutual Insurance Company (“Nationwide”) is an insurance company authorized to do business in the State of Texas and having made payment on a claim arising from the conduct of the Defendant, brings this lawsuit as Subrogee and real party in interest of its insured, Glenn Kastner (“Kastner”). Defendant Conroe Plumbing and Supply LLC (“Conroe Plumbing”) is believed to be a Texas corporation whose principal office is located at 6950 Old Highway 105 W, Conroe, Texas 77304. Conroe Plumbing may be served with process by serving its registered agent, Hester William at 8111 Ashlane Way, The Woodlands, Texas 77382. Service by certified mail is requested as follows: Conroe Plumbing and Supply LLC c/o Hester William 8111 Ashlane Way The Woodlands, Texas 77382 IV. Facts On or about November 13, 2023, Defendant Conroe Plumbing was hired to make certain water and sewer line connections to Kastner’s recreation vehicle, a 2021 East To West Silver Lake RV (serial no. 5ZT2SKWB4M9005564). Conroe Plumbing mis-conned the water and sewer lines, ultimately causing a blackwater event within the RV. As a result of such misconnection, the Kastner’s RV incurred significant damages. Pursuant to the terms of its insurance policy with Kastner, Nationwide paid to Kastner or on his behalf approximately $46,539.00. To the extent of its payments, Nationwide is now contractually and/or equitably subrogated to the rights of Kastner and asserts those rights herein. PLAINTIFF’S ORIGINAL PETITION Page 2 of 4 VI. Negligence As and for its cause of action against Defendant, Plaintiff re-pleads, re-states, and re-alleges the previous paragraphs as if set forth fully herein, and would show the Court the following: Defendant owed a duty to exercise reasonably prudent and ordinary care in the connection of the water and sewer lines on Kastner’s RV. Defendant breached such duty, and proximately caused Plaintiff’s damages in excess of the Court’s minimum jurisdictional requirements. VII. Damages The intruding blackwater described above caused significant damages to Kastner’s RV. As a direct and proximate result of Defendant’s acts/omissions as described above, the reasonable and necessary costs to clean up, repair and/or restore Kastner’s RV exceeded the RV’s value. The fair market for the RV at the time and place of its damages was $46,539.00. For such amount Plaintiff brings this suit. VIII. Plea To The Court Nationwide pleads to the Court for the recovery from Defendant for all sums due for which benefits have been paid to or on behalf of Kastner under that certain policy of property insurance issued by Nationwide with rights of subrogation. This sum would include benefits for property loss and related expenses incurred. Nationwide pleas to the Court for recovery as set forth above, and further that in the event this matter is tried to a jury, that the jury not be instructed by who benefits were paid or the fact that this action is brought by Nationwide, and for such other and further relief to which Nationwide is justly entitled. IX. Conditions Precedent Met All conditions precedent to Plaintiff’s recovery herein have been met or have occurred. PLAINTIFF’S ORIGINAL PETITION Page 3 of 4 X. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear and to answer this action and that upon final trial, the Plaintiff have judgment against the Defendant for: Monetary relief of more than $46,539.00, including damages of any kind, penalties, costs, and expenses; Pre-judgment interest as provided by law; Post-judgment interest as provided by law; Costs of suit; and, Such other and further relief, both general and special, to which your Plaintiff may show itself justly entitled. Respectfully submitted, LAW OFFICE OF LAWRENCE & MARTINEZ JEFFREY RYAN CAGLE State Bar Number: 24003676 105 Decker Court, Suite 150 Irving, Texas 75062-2211 (972) 650-8048 (Telephone) (972) 536-7304 (Direct) (855) 717-5349 (Facsimile) Caglej5@nationwide.com TTORNEY FOR LAINTIFF PLAINTIFF’S ORIGINAL PETITION Page 4 of 4