Preview
Electronically Filed
11/9/2018 11:41 AM
Lois Rogers, Smith County District Clerk
Reviewed By: Julie Kester
18-2558-A
NO. ____________________________
LABORATORY CORPORATION OF ' IN THE DISTRICT COURT
AMERICA
Plaintiff, '
'
V. ' _____ JUDICIAL DISTRICT
'
NATIONAL LASER INSTITUTE, LLC '
Defendant. ' OF SMITH COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
1. Expedited Action and Discovery Level. Plaintiff seeks only monetary relief
aggregating $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment
interest, and attorney fees. Therefore, this is a TRCP Rule 169 expedited action and Level 1 of the
TRCP applies.
2. Parties.
a. Plaintiff, LABORATORY CORPORATION OF AMERICA, is a foreign
corporation whose address is c/o Johnson & Repaskey, 535 Wellington Way, Suite 380, Lexington,
Kentucky 40503.
b. Defendant NATIONAL LASER INSTITUTE, LLC is a foreign limited
liability company which may be served by serving its registered agent in Texas, Kristin Cicciarelli, at
1118 Morgan Lefay Lane, Lewisville, Texas 75056.
BREACH OF CONTRACT
3. Facts. Plaintiff entered into an agreement with the Defendant whereby Plaintiff
agreed to provide laboratory services to the Defendant in consideration of the Defendant’s promise to
pay Plaintiff the amount billed for these services, upon receipt of invoices for such services. The
contract was evidenced by certain writings which, taken together, form a written contract.
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Alternatively, if such writings taken together do not form a written contract, the communications
between the parties were sufficient to create an oral contract. Alternatively, if the communications
between the parties were insufficient to establish an oral contract, the contract should be implied based
on the conduct of Plaintiff and the Defendant. In any event, Plaintiff has fully performed all
conditions, covenants, and obligations under the agreement for services in that the services were
performed in a good and workmanlike manner.
4. Default. Plaintiff brings this action to recover against Defendant for the
Defendant’s breach of contract in that Plaintiff has fully performed its part of the agreement in a
good and workmanlike manner and has requested payment from the Defendant. The Defendant
breached the agreement by failing to render payment to Plaintiff for services provided, and refusing
to do so, to Plaintiff's damage in the sum of $6,413.75. Plaintiff has demanded that the Defendant
pay this debt, but the Defendant has not done so.
5. Conditions Precedent. All conditions precedent have been performed or have
occurred.
QUANTUM MERUIT
6. Facts. Plaintiff brings this action against the Defendant to recover in quantum
meruit for services rendered. The services were valuable, the services were accepted by the
Defendant, and the services were rendered under circumstances reasonably notifying the
Defendant that Plaintiff expected the Defendant to pay for the services.
7. Damages. Plaintiff provided valuable services which the Defendant accepted.
The Defendant knew that Plaintiff expected to be compensated for these services, but failed to
compensate Plaintiff. Plaintiff seeks damages of $6,413.75 under quantum meruit for injuries caused
by the Defendant.
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8. Attorney's Fees. The Defendant’s default has made it necessary for Plaintiff to
employ the undersigned attorney to file suit. Reasonable fees for the attorney's services rendered and
to be rendered are at least $2,500.00.
9. Prayer. Plaintiff prays that-
a. Defendants be cited to appear and answer;
b. Plaintiff be granted judgment for $6,413.75 as the principal amount due;
c. Plaintiff be granted judgment for prejudgment interest;
d. Plaintiff be granted judgment for postjudgment interest at the highest legal or
contractual rate allowed by law;
e. Plaintiff be granted judgment for at least $2,500.00 as reasonable attorney's
fees, with additional contingent amounts in the event of appellate proceedings;
f. Plaintiff be granted judgment for all costs of court; and
g. Plaintiff be granted all further relief to which Plaintiff may be entitled.
Respectfully submitted,
Kasselman & McCorkindale
By: \s\ D. Kevin McCorkindale
D. Kevin McCorkindale
Texas Bar No. 13451890
1400 Preston Road, Suite 400
Plano, TX 75093
Phone (972) 378-5703
Fax (972) 202-4470
Email kevin@kmtexaslaw.com
Attorney for Plaintiff
LABORATORY CORPORATION OF AMERICA
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Preview
Electronically Filed 11/9/2018 11:41 AM Lois Rogers, Smith County District Clerk Reviewed By: Julie Kester 18-2558-A NO. ____________________________ LABORATORY CORPORATION OF ' IN THE DISTRICT COURT AMERICA Plaintiff, ' ' V. ' _____ JUDICIAL DISTRICT ' NATIONAL LASER INSTITUTE, LLC ' Defendant. ' OF SMITH COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION 1. Expedited Action and Discovery Level. Plaintiff seeks only monetary relief aggregating $100,000 or less, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. Therefore, this is a TRCP Rule 169 expedited action and Level 1 of the TRCP applies. 2. Parties. a. Plaintiff, LABORATORY CORPORATION OF AMERICA, is a foreign corporation whose address is c/o Johnson & Repaskey, 535 Wellington Way, Suite 380, Lexington, Kentucky 40503. b. Defendant NATIONAL LASER INSTITUTE, LLC is a foreign limited liability company which may be served by serving its registered agent in Texas, Kristin Cicciarelli, at 1118 Morgan Lefay Lane, Lewisville, Texas 75056. BREACH OF CONTRACT 3. Facts. Plaintiff entered into an agreement with the Defendant whereby Plaintiff agreed to provide laboratory services to the Defendant in consideration of the Defendant’s promise to pay Plaintiff the amount billed for these services, upon receipt of invoices for such services. The contract was evidenced by certain writings which, taken together, form a written contract. 1 Alternatively, if such writings taken together do not form a written contract, the communications between the parties were sufficient to create an oral contract. Alternatively, if the communications between the parties were insufficient to establish an oral contract, the contract should be implied based on the conduct of Plaintiff and the Defendant. In any event, Plaintiff has fully performed all conditions, covenants, and obligations under the agreement for services in that the services were performed in a good and workmanlike manner. 4. Default. Plaintiff brings this action to recover against Defendant for the Defendant’s breach of contract in that Plaintiff has fully performed its part of the agreement in a good and workmanlike manner and has requested payment from the Defendant. The Defendant breached the agreement by failing to render payment to Plaintiff for services provided, and refusing to do so, to Plaintiff's damage in the sum of $6,413.75. Plaintiff has demanded that the Defendant pay this debt, but the Defendant has not done so. 5. Conditions Precedent. All conditions precedent have been performed or have occurred. QUANTUM MERUIT 6. Facts. Plaintiff brings this action against the Defendant to recover in quantum meruit for services rendered. The services were valuable, the services were accepted by the Defendant, and the services were rendered under circumstances reasonably notifying the Defendant that Plaintiff expected the Defendant to pay for the services. 7. Damages. Plaintiff provided valuable services which the Defendant accepted. The Defendant knew that Plaintiff expected to be compensated for these services, but failed to compensate Plaintiff. Plaintiff seeks damages of $6,413.75 under quantum meruit for injuries caused by the Defendant. 2 8. Attorney's Fees. The Defendant’s default has made it necessary for Plaintiff to employ the undersigned attorney to file suit. Reasonable fees for the attorney's services rendered and to be rendered are at least $2,500.00. 9. Prayer. Plaintiff prays that- a. Defendants be cited to appear and answer; b. Plaintiff be granted judgment for $6,413.75 as the principal amount due; c. Plaintiff be granted judgment for prejudgment interest; d. Plaintiff be granted judgment for postjudgment interest at the highest legal or contractual rate allowed by law; e. Plaintiff be granted judgment for at least $2,500.00 as reasonable attorney's fees, with additional contingent amounts in the event of appellate proceedings; f. Plaintiff be granted judgment for all costs of court; and g. Plaintiff be granted all further relief to which Plaintiff may be entitled. Respectfully submitted, Kasselman & McCorkindale By: \s\ D. Kevin McCorkindale D. Kevin McCorkindale Texas Bar No. 13451890 1400 Preston Road, Suite 400 Plano, TX 75093 Phone (972) 378-5703 Fax (972) 202-4470 Email kevin@kmtexaslaw.com Attorney for Plaintiff LABORATORY CORPORATION OF AMERICA 3