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Hidalgo Coun’ Clerk
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CL-19-4597-B
CAUSE O.
TERESA MCDONALD § IN THE COUNTY COURT
VS. § AT LAW NO.
§
CITY OF MCALLEN and
CARDONA AT BENTSEN LAKES HOA, INC. § HIDALGO COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION WITH
REQUEST FOR DISCLOSURE and OTHER DISCOVERY RE UESTS
NOW COME, Plaintiff, TERESA MCDONALD, and files this petition, complaining of
CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC., and for cause of
action respectfully shows:
I
Pursuant to Texas Rules of Civil Procedure Rule 190.1, Plaintiff intends to conduct
discovery in this case under Level 2.
Il.
Venue is proper in Hidalgo County, Texas pursuant to Section 15.001, V.T.C.A., Texas
Civil Practices & Remedies Code, in that all or part of Plaintiff’s, causes of action occurred in
Hidalgo County, Texas.
Ti.
Plaintiff is an individual residing in Hidalgo County, Texas.
Defendant, CITY OF MCALLEN, TEXAS, may be served with process by serving its
Mayor Jim Darling, McAllen City Hall at 1300 Houston Avenue, McAllen, Texas 78501
or wherever found. Citation is necessary.
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Defendant, CARDONA AT BENTSEN LAKES HOA, INC. is an incorporation who
may be served with process by and through its registered agent for service, Susan Wallace c/o Pro
Comm, 300 E. Santarra Blvd, Suite 350, San Antonio, Texas 78258 or wherever found.
Iv.
On or about September 4", 2017, Plaintiff, TERESA MCDONALD, was walking
Westbound on the South side sidewalk at the 4500 Block of Uvalde Avenue in the City of McAllen.
Plaintiff was approaching the gated entrance of Bentsen Lakes Subdivision owned and operated
by Defendants, CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC,
when suddenly and without warning, she tripped on an uneven sidewalk causing her to fall to the
ground.
While upon Defendants’ premises, Plaintiff, TERESA MCDONALD suffered serious
bodily injuries as a direct result of a fall that was proximately caused by a dangerous condition
created by the uneven sidewalk which Defendants, its agents, servants, and employees, knew of,
or in the exercise of ordinary care, should have known existed.
Vv.
On the occasion in question, CITY OF MCALLEN and CARDONA AT BENTSEN
LAKES HOA, INC, are in complete control of such sidewalks and/or premises. Defendants were
negligence toward the Plaintiff in the following respects:
(a) Failure to inspect the dangerous condition created by the uneven sidewalk;
(b) Failure to make a proper inspection of the uneven sidewalk and/or premises prior
to the time of Plaintiff’s incident;
(c) Failure to properly and adequately discover the dangerous condition created by the
uneven sidewalk;
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(d) Failure to keep the sidewalk in a reasonably safe condition for its patrons at the
time of and prior to the time of the Plaintiff's incident;
(e) In maintaining the premises in an unsafe condition;
(d) Failure to warn Plaintiff and other patrons that there was a dangerous condition
created by the uneven sidewalk;
(e) Failure to place warning signs or barricades on the premises and around the uneven
sidewalk;
® In failing to discover the dangerous condition created by the uneven sidewalk;
(g) In failing to exercise ordinary care in discovering and maintaining and/or or repairing
the dangerous condition created by the uneven sidewalk after it had been there
sufficient length of time prior to the time of Plaintiff's incident; and
(k) Failure to correct the dangerous condition existing in the premises mentioned
herein-above.
Plaintiff contends further that nothing she did or failed to do contributed to the cause of the
incident that is the basis of this suit.
Each of the foregoing acts of negligence was a proximate cause of Plaintiff’s resulting
injuries and damages.
VI.
Upon trial of this case, it will be shown that Plaintiff was caused to sustain injuries and
damages as a proximate result of Defendants’ negligence. Plaintiff will respectfully request the
Court and Jury to determine the amount of loss Plaintiff has incurred, not only from a financial
standpoint, but also in terms of good health, freedom from pain and worry and mental anguish.
There are certain elements of damages, provided by law that the Plaintiff is entitled to have. The
Jury in this case will separately consider to determine the sum of money for each element that will
fairly and reasonably compensate Plaintiff for the injuries and damages and losses incurred and to
be incurred. From the date of the incident in question until the time of trial of this case, those
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elements of damages to be considered separately and individually for the purpose of determining
the sum of money that will be fair and reasonably compensate Plaintiff for each element are as
follows:
(a) the physical pain that Plaintiff, TERESA MCDONALD suffered from the date of
the incident in question to the present time;
(b) the mental anguish that Plaintiff suffered from the date of the incident in question
up to the present time;
(c) the amount of reasonable medical expenses necessarily incurred by TERESA
MCDONALD in the treatment of Plaintiff's TERESA MCDONALD injuries
from the date of the incident in question to the present time;
(d) the physical impairment suffered by Plaintiff, TERESA MCDONALD from the
date of the incident to the present time; and
(e) the disfigurement suffered by Plaintiff, TERESA MCDONALD from the date of
the incident into the present time.
From the time of trial of this case, the elements of damages to be considered which Plaintiff
will sustain in the future beyond the trial are such of the following elements of damages as will be
shown by a preponderance of the evidence upon trial of this case:
(a) the physical pain that Plaintiff suffered in the future beyond the time of trial;
(b) the mental anguish that Plaintiff will suffer in the future beyond the time of trial;
(c) the amount of reasonable medical expenses necessarily incurred in the treatment of
the Plaintiff;
(d) the physical impairment suffered by Plaintiff from the date of the incident into the
present time; and
(d) the disfigurement suffered by Plaintiff from the date of the incident into the present
time.
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VIL.
The Defendants’ actions and/or omissions entitle Plaintiff to the award of
exemplary damages as prescribed by the Texas Civil Practice and Remedies Code.
Plaintiff would respectfully show that all proofs of loss and other conditions precedent
necessary to the maintenance of this suit against the Defendants have been met and fulfilled by
Plaintiff.
Because of all the above and foregoing, Plaintiff has been damaged and will be damaged
in an amount not in excess of Pursuant to Rule 47, Plaintiff is requesting monetary relief over
$200,000, but not more than $1,000,000.
VII.
Plaintiff would also show that in addition to the Defendants’ ordinary negligence as herein
above alleged, Defendants was grossly negligent in that they willfully, wantonly and recklessly
disregarded the safety of the Plaintiff. Further, the Defendants’ acts and/or omissions as described
above, evidence an entire want of care that is the result of a conscious indifference to the rights,
safety, and welfare of the Plaintiff.
This gross negligence was also a proximate cause of the incident and damages in question.
Therefore, the Plaintiff is entitled to recover exemplary damages from the Defendants.
IX.
REQUEST FOR DISCLOSURE
Pursuant to Rule 194, the Defendants named herein is requested to disclose, within thirty
(30) days of service of this request, the information or material described in Rule 194.2(a)-(1).
X.
Attached with this Original Petition you will find the following:
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Plaintiff's, TERESA MCDONALD First Set of Interrogatories to the Defendant
CITY OF MCALLEN;
Plaintiff's, TERESA MCDONALD Request for Production to the Defendant
CITY OF MCALLEN;
Plaintiffs, TERESA MCDONALD Request for Admissions to the Defendant
CITY OF MCALLEN; and
Plaintiff's, TERESA MCDONALD First Set of Interrogatories to the Defendant
CARDONA AT BENTSEN LAKES HOA, INC.;
Plaintiff's, TERESA MCDONALD Request for Production to the Defendant
CARDONA AT BENTSEN LAKES HOA, INC.;
Plaintiff's, TERESA MCDONALD Request for Admissions to the Defendant
CARDONA AT BENTSEN LAKES HOA, INC.; and
XI.
RULE 193.7 NOTICE
Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby give actual
notice to Defendants that any and all documents produced may be used against the producing
Defendants at any pretrial proceeding and/or at the trial of this matter without the necessity of
authenticating the documents.
XII.
PRESERVE EVIDENCE
Plaintiff request and demand that Defendants preserve and maintain all evidence pertaining
to any claim or defense related to the incident made the basis of this lawsuit or the damages
resulting therefrom, including statements, photographs, videotapes, audiotapes, surveillance or
security tapes or information, business or medical record, incident reports, tenant files, periodic
reports, financial statements, bills, telephone call slips or records, estimates, invoices, checks,
measurements, correspondence, facsimiles, email, voice mail, text messages, and any electronic
image or information related to the referenced incident or damages. Failure to maintain such items
will constitute “spoliation” of the evidence.
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WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that judgment be rendered against
Defendants, CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC, in a
sum in excess of $200,000, but not more than $1,000,000, costs of court, pre-judgment and post-
judgment interests and for all other relief at law or in equity, to which she may show herself
lawfully and justly entitled.
Respectfully submitted,
LAW OFFICE OF BOBBY GARCIA, P.C.
P.O. Box 5729
McAllen, Texas 78502
Telephone: (956)668-7400
Facsimile: (956)668-7500
E-Service email: rsalinas@bobbygarcia.com
<>
BOBBY GARCIA
Texas SBN: 07645210
New York SBN: 5387485
ATTORNEY FOR PLAINTIFF
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CAUSE NO.
TERESA MCDONALD § IN THE COUNTY COURT
§
VS. § AT LAW NO.
§
CITY OF MCALLEN and
CARDONA AT BENTSEN LAKES HOA, INC. § HIDALGO COUNTY, TEXAS
PLAINTIFF’S, TERESA MCDONALD,
FIRST SET OF INTERROGATORIES TO DEFENDANT CITY OF MCALLEN
TO: Defendant, CITY OF MCALLEN, may be served with process by serving Mayor Jim
Darling, McAllen City Hall at 1300 Houston Avenue, McAllen, Texas 78501.
A. INSTRUCTIONS
Please take notice that Plaintiff, TERESA MCDONALD, pursuant to Rule 197 of the Texas
Rules of Civil Procedure, propounds the attached Interrogatories to be answered by Defendant, CITY
OF MCALLEN. You must answer these Interrogatories fully, separately, in writing, and under oath,
within fifty (50) days after service of this Notice. Your answers to these Interrogatories may be
offered into evidence at the trial or arbitration of this matter. You are also under a duty to supplement
your answers to these Interrogatories in accordance with the Texas Rules of Civil Procedure.
B. DEFINITIONS
1 "Documents": As used herein, the terms "documents" or "documents" shall include any
written, typed, printed, recorded, graphic or photographic matter or sound reproduction however
produced or reproduced, shall include every copy where such copy contains any commentary,
marginal, or notations whatsoever that do not appear in the original, and shall mean any written, typed,
printed, recorded, graphic or photographic matter or sound reproduction however produced or
reproduced, including without limitation, all correspondence, agreements, contracts, summaries
and/or transcripts of communications, written communications, telegrams, memoranda, handwritten
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notes, summaries of personal conversations and/or interviews, audio or video tape recordings, diaries,
calendars, all filings with any governmental body, documents demonstrating any application for
insurance, documents demonstrating authority or lack thereof, personnel files, policy files, checks,
claims, invoices, income tax returns and shall include every copy where such copy is not an identical
reproduction of the original or where such copy contains any commentary, marginal comment or
notation whatsoever that does not appear in the original.
Further, the terms "document" or "documents" shall include any document considered
privileged by you, which document shall be identified by type of document, general subject matter,
author, its present location and custodian, date and grounds alleged as authority for the claim of
privilege in order to assist Plaintiff and the Court in determining whether or not the claim of privilege
to such document is proper.
2. "Identify" or Identification":
(a) When used in reference to a person, "identify" or "identification" means to state his/her
full name, business and home phone number, and present or last known home address, as well as
employer and business address;
(b) When used in reference to a public or private corporation, governmental entity,
"identify" or "identification" means to state its full name, present or last known
business or operating address, the name of its chief executive officer, and the name
and position of any individual connected with such entity or organization who has
knowledge of the information requested or who has been a party to any
communication involving the subject matter of this lawsuit or arbitration;
(©) When used with respect to a document, "identify" or "identification" means to state its
date, author, subject or substance, all recipients thereof, the type of documents, its
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present location, and the identify of each of its present custodians. In lieu of
identification of a document, you may attach a copy of such document to its answer;
@) When used with respect to an event, "identify" or "identification" means to include:
@ A detailed description of the event or allegation at issue;
(2) The date or dates on which such event occurred, or, if the date or dates are not
know, then the time period involved in the events giving rise or relating to the
allegations;
(3) The name, address, phone numbers and affiliation of all persons involved in
the event or allegations; and
(4) The date, author, addressee or recipient and any type of document or any
document relating to or concerning such event or allegation.
(e) When used in reference to an expert, "identify" or "identification" means to state that
expert's full name, phone number, and present or last known address, employer and
business address, educational history, employment history, academic or professional
honors or awards, degrees, achievements, treatises, articles, papers, journals, or
similar subject matter prepared, authored (or co-authored) by such expert, whether
published or no, and/or other matters of distinction. In lieu of the above, you may
provide a current resume or curriculum vitae that substantially provides the requested
information.
"Person" means any natural person, governmental agency, corporate entity,
proprietorship, partnership, corporation, and/or any other form of organization or association.
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4. "Communication" means any document, oral statement, meeting or conference,
formal or informal, at any time or place, and under any circumstance whatsoever, whereby
information of any kind was transmitted in any manner whatsoever.
Respectfully submitted,
LAW OFFICE OF BOBBY GARCIA, P.C.
P.O. Box 5729
McAllen, Texas 78502
Telephone: (956)668-7400
Facsimile: (956)668-7500
E-Service email: salinas@bobbygarcia.com
<>
BOBBY GARCIA
Texas SBN: 07645210
New York SBN: 5387485
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
Thereby certify that on the date the Plaintiff's Original Petition was filed, a true and correct
copy of the foregoing Interrogatories were forwarded to Defendant CITY OF MCALLEN together
with Plaintiff's Original Petition. Please see the return of service of process for dates of service of
these Interrogatories on the above-referenced Defendant.
<>
Bobby Garcia
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INTERROGATORIES
INTERROGATORY NO. 1:
Please identify yourself, stating your full name, residential and business addresses, telephone
number, and occupation, and, if Defendant is a corporation, please state the office you hold with
Defendant.
ANSWER:
INTERROGATORY NO. 2:
Please state the full and correct name of the Defendant's corporate entity, the date on which
incorporated, the state of incorporation, the names and addresses of all officers, and when the
corporation was licensed to do business in the State of Texas. If Defendant is not a Texas
Corporation, please identify the state and date of incorporation. If Defendant is not a corporation
and is not a business entity organized under the laws of Texas, identify the state and nature of the
business organization of Defendant.
ANSWER:
INTERROGATORY NO. 3:
Was the Defendant in control of the area where the incident made the basis of this suit is alleged
to have occurred at the time the alleged occurrence happened? If not, please state the name and
address of the entity that was in control of the premises where the incident is alleged to have
occurred at the time the alleged occurrence happened.
ANSWER:
INTERROGATORY NO. 4:
Please state the name and address of the person, firm, or corporation that had the responsibility or
duty for the maintenance of that portion of the premises where the plaintiff was injured at the time
and place of the alleged incident.
ANSWER:
INTERROGATORY NO. 5:
Please describe how the Plaintiff's alleged occurrence happened, giving all events in detail in the
order in which they occurred, before, at the time of, or after the occurrence, which had any bearing
on the cause and manner of the happening of the occurrence.
ANSWER:
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INTERROGATORY NO. 6:
Tf you contend that Plaintiff had a status of anything other than an invitee when on your premises
at the time of the alleged occurrence, please explain your contention and identify all facts that
support a contention that Plaintiff was not an invitee at the time of the incident made the basis of
this suit.
ANSWER:
INTERROGATORY NO. 7:
Please state what precautions, including any warnings, if any, were taken by the Defendant, its
agents, or employees prior to the occurrence in question to prevent occurrences similar to that
alleged in the Plaintiff's original petition.
ANSWER:
INTERROGATORY NO. 8:
If it is the Defendant's contention that the Plaintiff's injuries were caused by some person or persons
other than yourself, any agent or employee of the Defendant, or any other person over whom the
Defendant had control, then please identify the other person fully, giving name, address, and
employer's name.
ANSWER:
INTERROGATORY NO. 9:
Please state in detail what Defendant's policies and procedures are that its agents, employees, or
representatives are to follow when they discover a condition on the premises that could give rise
to injury.
ANSWER:
INTERROGATORY NO. 10:
If you have had any other incidents prior to the incident made the basis of this lawsuit that are
substantially similar and occurred at the same or similar location where the incident made the basis
of this suit occurred, please provide details of those incidents, identify any documents and
photographs that reflect such incidents, and identify witnesses and parties to these other incidents.
ANSWER:
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INTERROGATORY NO. 11:
Is it your usual custom and procedure to investigate incidents where someone suggests or claims
that they have suffered an incident or injury on your premises? If so, please describe that custom
and procedure generally, and identify how that procedure was employed as it relates to the incident
made the basis of this lawsuit.
ANSWER:
INTERROGATORY NO. 12:
Describe any insurance agreement under which any insurance business may be liable to satisfy
part or all of the judgment that may be entered in this action, or to indemnify or reimburse for
payments made to satisfy the judgment, by stating the name of the person or entity insured, the
name of the insurer, and the amount of any liability insurance coverage.
ANSWER:
INTERROGATORY NO. 13:
Please describe any claims or lawsuits that have heretofore been brought against this Defendant
by reason of an accident or injury at the same or similar location, or a similar type of incident on
the Defendant's premises at some other location.
ANSWER:
INTERROGATORY NO. 14:
What was the Defendant’s policy for inspection of the premises through its employee and
agents, and how frequently did these individuals inspect said premises on September 4, 2017?
ANSWER:
INTERROGATORY NO. 15:
If you or your representative has obtained a statement of any type from any person who has
knowledge of any relevant facts concerning the incident made the basis of this lawsuit, please
state the name and address of the person giving the statement and whether the statement was
written, recorded or otherwise transcribed.
ANSWER:
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THE STATE OF TEXAS §
§ AFFIDAVIT
COUNTY OF §
BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day
personally appeared , known to me to be the person whose name is subscribed
hereto, who being first duly sworn in the manner provided by law, on oath stated as follows:
My name is I am over the age of eighteen (18) years, have
personal knowledge of, and am competent to testify to the facts set forth herein.
I have read the above Interrogatories the answers are true and correct to the best of my
knowledge.
SWORN TO AND SUBSCRIBED before me, the undersigned authority, by the said
on the day of , 2019, to certify which
witness my hand and seal of office.
Notary Public in and for the State of Texas
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CAUSE NO.
TERESA MCDONALD IN THE COUNTY COURT
VS. AT LAW NO.
§
CITY OF MCALLEN and §
CARDONA AT BENTSEN LAKES HOA, INC. § HIDALGO COUNTY, TEXAS
PLAINTIFF’S, TERESA MCDONALD,
FIRST SET OF REQUEST FOR PRODUCTION TO
DEFENDANT CITY OF MCALLEN
TO: CITY OF MCALLEN, by and through its Mayor Jim Darling, McAllen City Hall
at 1300 Houston Avenue, McAllen, Texas 78501.
COMES NOW Plaintiff TERESA MCDONALD, in the above-styled and numbered
cause and files the following Request for Production under the provisions of Tex. R. Civ. P. 196,
and Plaintiff requires that Responses to the same be filed no later than fifty (50) days after the date
of service hereof.
Plaintiff designates the manner of discovery to be by Defendant providing Plaintiffs
attorney with a photocopy or duplicate of each of the designated documents, records, or tangible
things in Defendant's possession, custody, or control, or by making the designated items available
for inspection, sampling, testing, photographing and/or copying at the office of Plaintiff's attorney.
If the requested documents, records, or tangible things cannot readily be copied, produced, and
delivered to Plaintiff's attorney, or made available for inspection, sampling, testing,
photographing, and/or copying at the office of Plaintiff's attorney, Plaintiff is agreeable to
conducting discovery in the office of Defendant's counsel or Defendant's premises or obtaining
delivery therefrom. Plaintiff will return Defendant's photographs, movies, video tapes, and
tangible unduplicated items to Defendant as requested by Defendant.
Plaintiff designates fifty (50) days after the date of service of these Requests for Production
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as the date to obtain custody of such items. Pursuant to Rule 196, Texas Rules of Civil Procedure,
these Requests for Production are continuing in nature and require supplementation as soon as is
practical, but in no event less than thirty (30) days prior to the beginning of trial, and specifically
include supplementation regarding expert witnesses, and expert witnesses' reports, physical
models, compilations of data, photographs or videos, and other materials that have been prepared
by, relied upon, reviewed by, or used by an expert.
DEFINITIONS AND INSTRUCTIONS
A As used herein, the term "you", "your", or "Defendant" shall mean CITY OF
MCALLEN as well as your attorneys, agents, employees, and all other natural persons or business
or legal entities acting, or purporting to act, for or on your behalf whether authorized to do so or
not.
B When used herein "Plaintiff" means Plaintiff named in this cause of action.
Cc When used herein "incident" or "occurrence" mean the incident which occurred on
or about September 4, 2017 as described in Plaintiff's Original Petition.
D. The term "document" or "documents" shall mean all writings, correspondence records,
papers, books, treatises, publications, accounts, drawings, graphs, graphics, charts, movies,
photographs, written or electronically recorded or compiled notes, test results, or memoranda,
audio tape recordings, and video tape recordings of every kind, source, and authorship, both
originals and all non-identical copies thereof, together with all attachments and appendices, which
are in your possession, custody, or control, or known by you to exist, irrespective of whether such
was intended for or transmitted internally by you, or intended for or transmitted to any other person
or entity, including without limitation any government agency, department, administrative agency,
or private entity or person. The term shall include handwritten, typewritten, printed, photocopied,
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photographic, electronically recorded, or graphic matter. It shall also include communications in
words, symbols, pictures, audio recordings, films/movies, video tapes, and information stored in,
or accessible through, computers or other electronic information storage or retrieval systems,
together with the codes and/or programming instructions and other materials necessary to
understand and use such systems.
Further, to the extent that the information requested hereinafter exists within a computer,
computer retrieval system, computer recorded medium, or other electronically recorded method
you are requested to reduce the information to paper copy.
E. The term "Person" shall include individuals, associations, partnerships, corporations,
and any other type of entity or institution whether formed for business purposes or any other
purposes.
F. Unless defined otherwise in an individual Interrogatory or Request for Production
"Identify", "Identity", or "Identification" have the following meanings:
1 When used in reference to a person, "identify mone
> I dentity", or "identification" means
to state his/her full name, present or last known residence address, present or last
known business address, and residence and business telephone numbers.
When used in reference to a public or private corporation, governmental entity,
partnership, association, or any other business entity, "identify", "identity", or
"identification" means to state its full name, present or last known business address
or operating address, the name of its chief executive officer and telephone number.
When used in reference to a document, identify’ now
> identity", or "identification"
shall include a statement of the following:
(a) the title, heading, or caption, if any, or such document; and
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(b) the identifying numbers, letters, or combination thereof, if any, and the
significance or meaning of such numbers, letters, or combination thereof, if
necessary, to an understanding of the document and evaluation of any claim of
protection from discovery; and
() the date appearing on such document; and if no date appears thereon, the
answer shall so state and shall give the date or approximate date on which such
document was prepared; and
(d) the number of pages and the general nature of description of such document
(i.e., whether it is a letter, memorandum, minutes of a meeting, etc.) with sufficient
particularity so as to enable such document to be precisely identified; and
(e) the name and capacity of the person who signed such document; if it was
not signed, the answer shall so state and shall give the name of the person or persons
who prepared it; and
® the name and capacity of the person to whom such document was addressed
and the name and capacity of such persons, other than such addressee, to whom
such document, or a copy thereof, was sent; and
(g) the physical location of the document and the name of its custodian or
custodians.
When used in reference to a statement, "identify’ > on identity", or "identification"
means the following:
(a) the identity of the person who made the statement, the person who took or
recorded the statement, and all persons present during the making of the statement;
and
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(b) the date, location, and method by which the statement was taken and/or
recorded; and
(c) the identity of the person or persons who has present or last known
possession, custody, or control of the statement.
G. If any document which would be responsive to any interrogatory herein was, but is
no longer, in your possession or subject to your control, or is no longer in existence, identify each
document, in the manner defined hereinabove, and by additionally stating whether it is missing or
lost, it has been destroyed, it has been transferred voluntarily to others, or it has been otherwise
disposed of, and in each instance in which it has been destroyed, transferred, or disposed of:
1 Explain the circumstances surrounding such disposition; and
2. Identify the persons(s) directing or authorizing its destruction or transfer; and
The date(s) of such direction or authorization; and
Whether the document (or copies) are still in existence, and if so, identify the
custodians(s) and its (or their) present locations(s).
H "Expert" means any expert who is expected to testify at trial, either in your case in
chief or rebuttal, by deposition or live testimony, and any expert who has been informally
consulted, retained, or specially employed in anticipation of litigation or preparation for trial, but
who will not be called to testify, whose opinions or impressions, including any documents, tangible
things, test results, factual observations, data, or work product containing such impressions and
opinions, have been reviewed by a testifying expert.
I "Control" means within your possession, custody, or control and includes
constructive possession as long as you, your attorneys, agents, or representatives, whether natural
persons or business or legal entities, have superior right to compel the production from any third
Page 20 of 49
Electronically Submitted
28/2019 2:45 PM
Hidalgo Coun’ Clerk
Accepted by: Aurelio Aleman
CL-19-4597-B
party, whether natural persons or business or legal entities, and including any agency, authority,
or representative.
Respectfully submitted,
LAW OFFICE OF BOBBY GARCIA, P.C.
P.O. Box 5729
McAllen, Texas 78502
Telephone: (956)668-7400
Preview
Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B CAUSE O. TERESA MCDONALD § IN THE COUNTY COURT VS. § AT LAW NO. § CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC. § HIDALGO COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION WITH REQUEST FOR DISCLOSURE and OTHER DISCOVERY RE UESTS NOW COME, Plaintiff, TERESA MCDONALD, and files this petition, complaining of CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC., and for cause of action respectfully shows: I Pursuant to Texas Rules of Civil Procedure Rule 190.1, Plaintiff intends to conduct discovery in this case under Level 2. Il. Venue is proper in Hidalgo County, Texas pursuant to Section 15.001, V.T.C.A., Texas Civil Practices & Remedies Code, in that all or part of Plaintiff’s, causes of action occurred in Hidalgo County, Texas. Ti. Plaintiff is an individual residing in Hidalgo County, Texas. Defendant, CITY OF MCALLEN, TEXAS, may be served with process by serving its Mayor Jim Darling, McAllen City Hall at 1300 Houston Avenue, McAllen, Texas 78501 or wherever found. Citation is necessary. Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B Defendant, CARDONA AT BENTSEN LAKES HOA, INC. is an incorporation who may be served with process by and through its registered agent for service, Susan Wallace c/o Pro Comm, 300 E. Santarra Blvd, Suite 350, San Antonio, Texas 78258 or wherever found. Iv. On or about September 4", 2017, Plaintiff, TERESA MCDONALD, was walking Westbound on the South side sidewalk at the 4500 Block of Uvalde Avenue in the City of McAllen. Plaintiff was approaching the gated entrance of Bentsen Lakes Subdivision owned and operated by Defendants, CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC, when suddenly and without warning, she tripped on an uneven sidewalk causing her to fall to the ground. While upon Defendants’ premises, Plaintiff, TERESA MCDONALD suffered serious bodily injuries as a direct result of a fall that was proximately caused by a dangerous condition created by the uneven sidewalk which Defendants, its agents, servants, and employees, knew of, or in the exercise of ordinary care, should have known existed. Vv. On the occasion in question, CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC, are in complete control of such sidewalks and/or premises. Defendants were negligence toward the Plaintiff in the following respects: (a) Failure to inspect the dangerous condition created by the uneven sidewalk; (b) Failure to make a proper inspection of the uneven sidewalk and/or premises prior to the time of Plaintiff’s incident; (c) Failure to properly and adequately discover the dangerous condition created by the uneven sidewalk; Page 2 of 49 Electronically Submitted /28/2019 2:45 PM CL-19-4597-B Hidalgo Coun’ Accepted by: Aurelio Al i Clerk ieman (d) Failure to keep the sidewalk in a reasonably safe condition for its patrons at the time of and prior to the time of the Plaintiff's incident; (e) In maintaining the premises in an unsafe condition; (d) Failure to warn Plaintiff and other patrons that there was a dangerous condition created by the uneven sidewalk; (e) Failure to place warning signs or barricades on the premises and around the uneven sidewalk; ® In failing to discover the dangerous condition created by the uneven sidewalk; (g) In failing to exercise ordinary care in discovering and maintaining and/or or repairing the dangerous condition created by the uneven sidewalk after it had been there sufficient length of time prior to the time of Plaintiff's incident; and (k) Failure to correct the dangerous condition existing in the premises mentioned herein-above. Plaintiff contends further that nothing she did or failed to do contributed to the cause of the incident that is the basis of this suit. Each of the foregoing acts of negligence was a proximate cause of Plaintiff’s resulting injuries and damages. VI. Upon trial of this case, it will be shown that Plaintiff was caused to sustain injuries and damages as a proximate result of Defendants’ negligence. Plaintiff will respectfully request the Court and Jury to determine the amount of loss Plaintiff has incurred, not only from a financial standpoint, but also in terms of good health, freedom from pain and worry and mental anguish. There are certain elements of damages, provided by law that the Plaintiff is entitled to have. The Jury in this case will separately consider to determine the sum of money for each element that will fairly and reasonably compensate Plaintiff for the injuries and damages and losses incurred and to be incurred. From the date of the incident in question until the time of trial of this case, those Page 3 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B elements of damages to be considered separately and individually for the purpose of determining the sum of money that will be fair and reasonably compensate Plaintiff for each element are as follows: (a) the physical pain that Plaintiff, TERESA MCDONALD suffered from the date of the incident in question to the present time; (b) the mental anguish that Plaintiff suffered from the date of the incident in question up to the present time; (c) the amount of reasonable medical expenses necessarily incurred by TERESA MCDONALD in the treatment of Plaintiff's TERESA MCDONALD injuries from the date of the incident in question to the present time; (d) the physical impairment suffered by Plaintiff, TERESA MCDONALD from the date of the incident to the present time; and (e) the disfigurement suffered by Plaintiff, TERESA MCDONALD from the date of the incident into the present time. From the time of trial of this case, the elements of damages to be considered which Plaintiff will sustain in the future beyond the trial are such of the following elements of damages as will be shown by a preponderance of the evidence upon trial of this case: (a) the physical pain that Plaintiff suffered in the future beyond the time of trial; (b) the mental anguish that Plaintiff will suffer in the future beyond the time of trial; (c) the amount of reasonable medical expenses necessarily incurred in the treatment of the Plaintiff; (d) the physical impairment suffered by Plaintiff from the date of the incident into the present time; and (d) the disfigurement suffered by Plaintiff from the date of the incident into the present time. Page 4 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B VIL. The Defendants’ actions and/or omissions entitle Plaintiff to the award of exemplary damages as prescribed by the Texas Civil Practice and Remedies Code. Plaintiff would respectfully show that all proofs of loss and other conditions precedent necessary to the maintenance of this suit against the Defendants have been met and fulfilled by Plaintiff. Because of all the above and foregoing, Plaintiff has been damaged and will be damaged in an amount not in excess of Pursuant to Rule 47, Plaintiff is requesting monetary relief over $200,000, but not more than $1,000,000. VII. Plaintiff would also show that in addition to the Defendants’ ordinary negligence as herein above alleged, Defendants was grossly negligent in that they willfully, wantonly and recklessly disregarded the safety of the Plaintiff. Further, the Defendants’ acts and/or omissions as described above, evidence an entire want of care that is the result of a conscious indifference to the rights, safety, and welfare of the Plaintiff. This gross negligence was also a proximate cause of the incident and damages in question. Therefore, the Plaintiff is entitled to recover exemplary damages from the Defendants. IX. REQUEST FOR DISCLOSURE Pursuant to Rule 194, the Defendants named herein is requested to disclose, within thirty (30) days of service of this request, the information or material described in Rule 194.2(a)-(1). X. Attached with this Original Petition you will find the following: Page 5 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B Plaintiff's, TERESA MCDONALD First Set of Interrogatories to the Defendant CITY OF MCALLEN; Plaintiff's, TERESA MCDONALD Request for Production to the Defendant CITY OF MCALLEN; Plaintiffs, TERESA MCDONALD Request for Admissions to the Defendant CITY OF MCALLEN; and Plaintiff's, TERESA MCDONALD First Set of Interrogatories to the Defendant CARDONA AT BENTSEN LAKES HOA, INC.; Plaintiff's, TERESA MCDONALD Request for Production to the Defendant CARDONA AT BENTSEN LAKES HOA, INC.; Plaintiff's, TERESA MCDONALD Request for Admissions to the Defendant CARDONA AT BENTSEN LAKES HOA, INC.; and XI. RULE 193.7 NOTICE Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby give actual notice to Defendants that any and all documents produced may be used against the producing Defendants at any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating the documents. XII. PRESERVE EVIDENCE Plaintiff request and demand that Defendants preserve and maintain all evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit or the damages resulting therefrom, including statements, photographs, videotapes, audiotapes, surveillance or security tapes or information, business or medical record, incident reports, tenant files, periodic reports, financial statements, bills, telephone call slips or records, estimates, invoices, checks, measurements, correspondence, facsimiles, email, voice mail, text messages, and any electronic image or information related to the referenced incident or damages. Failure to maintain such items will constitute “spoliation” of the evidence. Page 6 of 49 Electronically Submitted 28/2019 2:45 PM CL-19-4597-B Hidalgo Coun’ Accepted by: Aurelio Al i Clerk ieman WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that judgment be rendered against Defendants, CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC, in a sum in excess of $200,000, but not more than $1,000,000, costs of court, pre-judgment and post- judgment interests and for all other relief at law or in equity, to which she may show herself lawfully and justly entitled. Respectfully submitted, LAW OFFICE OF BOBBY GARCIA, P.C. P.O. Box 5729 McAllen, Texas 78502 Telephone: (956)668-7400 Facsimile: (956)668-7500 E-Service email: rsalinas@bobbygarcia.com <> BOBBY GARCIA Texas SBN: 07645210 New York SBN: 5387485 ATTORNEY FOR PLAINTIFF Page 7 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B CAUSE NO. TERESA MCDONALD § IN THE COUNTY COURT § VS. § AT LAW NO. § CITY OF MCALLEN and CARDONA AT BENTSEN LAKES HOA, INC. § HIDALGO COUNTY, TEXAS PLAINTIFF’S, TERESA MCDONALD, FIRST SET OF INTERROGATORIES TO DEFENDANT CITY OF MCALLEN TO: Defendant, CITY OF MCALLEN, may be served with process by serving Mayor Jim Darling, McAllen City Hall at 1300 Houston Avenue, McAllen, Texas 78501. A. INSTRUCTIONS Please take notice that Plaintiff, TERESA MCDONALD, pursuant to Rule 197 of the Texas Rules of Civil Procedure, propounds the attached Interrogatories to be answered by Defendant, CITY OF MCALLEN. You must answer these Interrogatories fully, separately, in writing, and under oath, within fifty (50) days after service of this Notice. Your answers to these Interrogatories may be offered into evidence at the trial or arbitration of this matter. You are also under a duty to supplement your answers to these Interrogatories in accordance with the Texas Rules of Civil Procedure. B. DEFINITIONS 1 "Documents": As used herein, the terms "documents" or "documents" shall include any written, typed, printed, recorded, graphic or photographic matter or sound reproduction however produced or reproduced, shall include every copy where such copy contains any commentary, marginal, or notations whatsoever that do not appear in the original, and shall mean any written, typed, printed, recorded, graphic or photographic matter or sound reproduction however produced or reproduced, including without limitation, all correspondence, agreements, contracts, summaries and/or transcripts of communications, written communications, telegrams, memoranda, handwritten Page 8 of 49 Electronically Submitted /28/2019 2:45 PM CL-19-4597-B Hidalgo Coun’ Accepted by: Aurelio Al i Clerk ieman notes, summaries of personal conversations and/or interviews, audio or video tape recordings, diaries, calendars, all filings with any governmental body, documents demonstrating any application for insurance, documents demonstrating authority or lack thereof, personnel files, policy files, checks, claims, invoices, income tax returns and shall include every copy where such copy is not an identical reproduction of the original or where such copy contains any commentary, marginal comment or notation whatsoever that does not appear in the original. Further, the terms "document" or "documents" shall include any document considered privileged by you, which document shall be identified by type of document, general subject matter, author, its present location and custodian, date and grounds alleged as authority for the claim of privilege in order to assist Plaintiff and the Court in determining whether or not the claim of privilege to such document is proper. 2. "Identify" or Identification": (a) When used in reference to a person, "identify" or "identification" means to state his/her full name, business and home phone number, and present or last known home address, as well as employer and business address; (b) When used in reference to a public or private corporation, governmental entity, "identify" or "identification" means to state its full name, present or last known business or operating address, the name of its chief executive officer, and the name and position of any individual connected with such entity or organization who has knowledge of the information requested or who has been a party to any communication involving the subject matter of this lawsuit or arbitration; (©) When used with respect to a document, "identify" or "identification" means to state its date, author, subject or substance, all recipients thereof, the type of documents, its Page 9 of 49 Electronically Submitted /28/2019 2:45 PM CL-19-4597-B Hidalgo Coun’ Accepted by: Aurelio Al i Clerk ieman present location, and the identify of each of its present custodians. In lieu of identification of a document, you may attach a copy of such document to its answer; @) When used with respect to an event, "identify" or "identification" means to include: @ A detailed description of the event or allegation at issue; (2) The date or dates on which such event occurred, or, if the date or dates are not know, then the time period involved in the events giving rise or relating to the allegations; (3) The name, address, phone numbers and affiliation of all persons involved in the event or allegations; and (4) The date, author, addressee or recipient and any type of document or any document relating to or concerning such event or allegation. (e) When used in reference to an expert, "identify" or "identification" means to state that expert's full name, phone number, and present or last known address, employer and business address, educational history, employment history, academic or professional honors or awards, degrees, achievements, treatises, articles, papers, journals, or similar subject matter prepared, authored (or co-authored) by such expert, whether published or no, and/or other matters of distinction. In lieu of the above, you may provide a current resume or curriculum vitae that substantially provides the requested information. "Person" means any natural person, governmental agency, corporate entity, proprietorship, partnership, corporation, and/or any other form of organization or association. Page 10 of 49 Electronically Submitted 28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B 4. "Communication" means any document, oral statement, meeting or conference, formal or informal, at any time or place, and under any circumstance whatsoever, whereby information of any kind was transmitted in any manner whatsoever. Respectfully submitted, LAW OFFICE OF BOBBY GARCIA, P.C. P.O. Box 5729 McAllen, Texas 78502 Telephone: (956)668-7400 Facsimile: (956)668-7500 E-Service email: salinas@bobbygarcia.com <> BOBBY GARCIA Texas SBN: 07645210 New York SBN: 5387485 ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE Thereby certify that on the date the Plaintiff's Original Petition was filed, a true and correct copy of the foregoing Interrogatories were forwarded to Defendant CITY OF MCALLEN together with Plaintiff's Original Petition. Please see the return of service of process for dates of service of these Interrogatories on the above-referenced Defendant. <> Bobby Garcia Page 11 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B INTERROGATORIES INTERROGATORY NO. 1: Please identify yourself, stating your full name, residential and business addresses, telephone number, and occupation, and, if Defendant is a corporation, please state the office you hold with Defendant. ANSWER: INTERROGATORY NO. 2: Please state the full and correct name of the Defendant's corporate entity, the date on which incorporated, the state of incorporation, the names and addresses of all officers, and when the corporation was licensed to do business in the State of Texas. If Defendant is not a Texas Corporation, please identify the state and date of incorporation. If Defendant is not a corporation and is not a business entity organized under the laws of Texas, identify the state and nature of the business organization of Defendant. ANSWER: INTERROGATORY NO. 3: Was the Defendant in control of the area where the incident made the basis of this suit is alleged to have occurred at the time the alleged occurrence happened? If not, please state the name and address of the entity that was in control of the premises where the incident is alleged to have occurred at the time the alleged occurrence happened. ANSWER: INTERROGATORY NO. 4: Please state the name and address of the person, firm, or corporation that had the responsibility or duty for the maintenance of that portion of the premises where the plaintiff was injured at the time and place of the alleged incident. ANSWER: INTERROGATORY NO. 5: Please describe how the Plaintiff's alleged occurrence happened, giving all events in detail in the order in which they occurred, before, at the time of, or after the occurrence, which had any bearing on the cause and manner of the happening of the occurrence. ANSWER: Page 12 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B INTERROGATORY NO. 6: Tf you contend that Plaintiff had a status of anything other than an invitee when on your premises at the time of the alleged occurrence, please explain your contention and identify all facts that support a contention that Plaintiff was not an invitee at the time of the incident made the basis of this suit. ANSWER: INTERROGATORY NO. 7: Please state what precautions, including any warnings, if any, were taken by the Defendant, its agents, or employees prior to the occurrence in question to prevent occurrences similar to that alleged in the Plaintiff's original petition. ANSWER: INTERROGATORY NO. 8: If it is the Defendant's contention that the Plaintiff's injuries were caused by some person or persons other than yourself, any agent or employee of the Defendant, or any other person over whom the Defendant had control, then please identify the other person fully, giving name, address, and employer's name. ANSWER: INTERROGATORY NO. 9: Please state in detail what Defendant's policies and procedures are that its agents, employees, or representatives are to follow when they discover a condition on the premises that could give rise to injury. ANSWER: INTERROGATORY NO. 10: If you have had any other incidents prior to the incident made the basis of this lawsuit that are substantially similar and occurred at the same or similar location where the incident made the basis of this suit occurred, please provide details of those incidents, identify any documents and photographs that reflect such incidents, and identify witnesses and parties to these other incidents. ANSWER: Page 13 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B INTERROGATORY NO. 11: Is it your usual custom and procedure to investigate incidents where someone suggests or claims that they have suffered an incident or injury on your premises? If so, please describe that custom and procedure generally, and identify how that procedure was employed as it relates to the incident made the basis of this lawsuit. ANSWER: INTERROGATORY NO. 12: Describe any insurance agreement under which any insurance business may be liable to satisfy part or all of the judgment that may be entered in this action, or to indemnify or reimburse for payments made to satisfy the judgment, by stating the name of the person or entity insured, the name of the insurer, and the amount of any liability insurance coverage. ANSWER: INTERROGATORY NO. 13: Please describe any claims or lawsuits that have heretofore been brought against this Defendant by reason of an accident or injury at the same or similar location, or a similar type of incident on the Defendant's premises at some other location. ANSWER: INTERROGATORY NO. 14: What was the Defendant’s policy for inspection of the premises through its employee and agents, and how frequently did these individuals inspect said premises on September 4, 2017? ANSWER: INTERROGATORY NO. 15: If you or your representative has obtained a statement of any type from any person who has knowledge of any relevant facts concerning the incident made the basis of this lawsuit, please state the name and address of the person giving the statement and whether the statement was written, recorded or otherwise transcribed. ANSWER: Page 14 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B THE STATE OF TEXAS § § AFFIDAVIT COUNTY OF § BEFORE ME, the undersigned Notary Public in and for the State of Texas, on this day personally appeared , known to me to be the person whose name is subscribed hereto, who being first duly sworn in the manner provided by law, on oath stated as follows: My name is I am over the age of eighteen (18) years, have personal knowledge of, and am competent to testify to the facts set forth herein. I have read the above Interrogatories the answers are true and correct to the best of my knowledge. SWORN TO AND SUBSCRIBED before me, the undersigned authority, by the said on the day of , 2019, to certify which witness my hand and seal of office. Notary Public in and for the State of Texas Page 15 of 49 Electronically Submitted /28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B CAUSE NO. TERESA MCDONALD IN THE COUNTY COURT VS. AT LAW NO. § CITY OF MCALLEN and § CARDONA AT BENTSEN LAKES HOA, INC. § HIDALGO COUNTY, TEXAS PLAINTIFF’S, TERESA MCDONALD, FIRST SET OF REQUEST FOR PRODUCTION TO DEFENDANT CITY OF MCALLEN TO: CITY OF MCALLEN, by and through its Mayor Jim Darling, McAllen City Hall at 1300 Houston Avenue, McAllen, Texas 78501. COMES NOW Plaintiff TERESA MCDONALD, in the above-styled and numbered cause and files the following Request for Production under the provisions of Tex. R. Civ. P. 196, and Plaintiff requires that Responses to the same be filed no later than fifty (50) days after the date of service hereof. Plaintiff designates the manner of discovery to be by Defendant providing Plaintiffs attorney with a photocopy or duplicate of each of the designated documents, records, or tangible things in Defendant's possession, custody, or control, or by making the designated items available for inspection, sampling, testing, photographing and/or copying at the office of Plaintiff's attorney. If the requested documents, records, or tangible things cannot readily be copied, produced, and delivered to Plaintiff's attorney, or made available for inspection, sampling, testing, photographing, and/or copying at the office of Plaintiff's attorney, Plaintiff is agreeable to conducting discovery in the office of Defendant's counsel or Defendant's premises or obtaining delivery therefrom. Plaintiff will return Defendant's photographs, movies, video tapes, and tangible unduplicated items to Defendant as requested by Defendant. Plaintiff designates fifty (50) days after the date of service of these Requests for Production Page 16 of 49 Electronically Submitted /28/2019 2:45 PM CL-19-4597-B Hidalgo Coun’ Accepted by: Aurelio Al i Clerk ieman as the date to obtain custody of such items. Pursuant to Rule 196, Texas Rules of Civil Procedure, these Requests for Production are continuing in nature and require supplementation as soon as is practical, but in no event less than thirty (30) days prior to the beginning of trial, and specifically include supplementation regarding expert witnesses, and expert witnesses' reports, physical models, compilations of data, photographs or videos, and other materials that have been prepared by, relied upon, reviewed by, or used by an expert. DEFINITIONS AND INSTRUCTIONS A As used herein, the term "you", "your", or "Defendant" shall mean CITY OF MCALLEN as well as your attorneys, agents, employees, and all other natural persons or business or legal entities acting, or purporting to act, for or on your behalf whether authorized to do so or not. B When used herein "Plaintiff" means Plaintiff named in this cause of action. Cc When used herein "incident" or "occurrence" mean the incident which occurred on or about September 4, 2017 as described in Plaintiff's Original Petition. D. The term "document" or "documents" shall mean all writings, correspondence records, papers, books, treatises, publications, accounts, drawings, graphs, graphics, charts, movies, photographs, written or electronically recorded or compiled notes, test results, or memoranda, audio tape recordings, and video tape recordings of every kind, source, and authorship, both originals and all non-identical copies thereof, together with all attachments and appendices, which are in your possession, custody, or control, or known by you to exist, irrespective of whether such was intended for or transmitted internally by you, or intended for or transmitted to any other person or entity, including without limitation any government agency, department, administrative agency, or private entity or person. The term shall include handwritten, typewritten, printed, photocopied, Page 17 of 49 Electronically Submitted /28/2019 2:45 PM CL-19-4597-B Hidalgo Coun’ Accepted by: Aurelio Al i Clerk ieman photographic, electronically recorded, or graphic matter. It shall also include communications in words, symbols, pictures, audio recordings, films/movies, video tapes, and information stored in, or accessible through, computers or other electronic information storage or retrieval systems, together with the codes and/or programming instructions and other materials necessary to understand and use such systems. Further, to the extent that the information requested hereinafter exists within a computer, computer retrieval system, computer recorded medium, or other electronically recorded method you are requested to reduce the information to paper copy. E. The term "Person" shall include individuals, associations, partnerships, corporations, and any other type of entity or institution whether formed for business purposes or any other purposes. F. Unless defined otherwise in an individual Interrogatory or Request for Production "Identify", "Identity", or "Identification" have the following meanings: 1 When used in reference to a person, "identify mone > I dentity", or "identification" means to state his/her full name, present or last known residence address, present or last known business address, and residence and business telephone numbers. When used in reference to a public or private corporation, governmental entity, partnership, association, or any other business entity, "identify", "identity", or "identification" means to state its full name, present or last known business address or operating address, the name of its chief executive officer and telephone number. When used in reference to a document, identify’ now > identity", or "identification" shall include a statement of the following: (a) the title, heading, or caption, if any, or such document; and Page 18 of 49 Electronically Submitted /28/2019 2:45 PM CL-19-4597-B Hidalgo Coun’ Accepted by: Aurelio Al i Clerk ieman (b) the identifying numbers, letters, or combination thereof, if any, and the significance or meaning of such numbers, letters, or combination thereof, if necessary, to an understanding of the document and evaluation of any claim of protection from discovery; and () the date appearing on such document; and if no date appears thereon, the answer shall so state and shall give the date or approximate date on which such document was prepared; and (d) the number of pages and the general nature of description of such document (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.) with sufficient particularity so as to enable such document to be precisely identified; and (e) the name and capacity of the person who signed such document; if it was not signed, the answer shall so state and shall give the name of the person or persons who prepared it; and ® the name and capacity of the person to whom such document was addressed and the name and capacity of such persons, other than such addressee, to whom such document, or a copy thereof, was sent; and (g) the physical location of the document and the name of its custodian or custodians. When used in reference to a statement, "identify’ > on identity", or "identification" means the following: (a) the identity of the person who made the statement, the person who took or recorded the statement, and all persons present during the making of the statement; and Page 19 of 49 Electronically Submitted /28/2019 2:45 PM CL-19-4597-B Hidalgo Coun’ Accepted by: Aurelio Al i Clerk ieman (b) the date, location, and method by which the statement was taken and/or recorded; and (c) the identity of the person or persons who has present or last known possession, custody, or control of the statement. G. If any document which would be responsive to any interrogatory herein was, but is no longer, in your possession or subject to your control, or is no longer in existence, identify each document, in the manner defined hereinabove, and by additionally stating whether it is missing or lost, it has been destroyed, it has been transferred voluntarily to others, or it has been otherwise disposed of, and in each instance in which it has been destroyed, transferred, or disposed of: 1 Explain the circumstances surrounding such disposition; and 2. Identify the persons(s) directing or authorizing its destruction or transfer; and The date(s) of such direction or authorization; and Whether the document (or copies) are still in existence, and if so, identify the custodians(s) and its (or their) present locations(s). H "Expert" means any expert who is expected to testify at trial, either in your case in chief or rebuttal, by deposition or live testimony, and any expert who has been informally consulted, retained, or specially employed in anticipation of litigation or preparation for trial, but who will not be called to testify, whose opinions or impressions, including any documents, tangible things, test results, factual observations, data, or work product containing such impressions and opinions, have been reviewed by a testifying expert. I "Control" means within your possession, custody, or control and includes constructive possession as long as you, your attorneys, agents, or representatives, whether natural persons or business or legal entities, have superior right to compel the production from any third Page 20 of 49 Electronically Submitted 28/2019 2:45 PM Hidalgo Coun’ Clerk Accepted by: Aurelio Aleman CL-19-4597-B party, whether natural persons or business or legal entities, and including any agency, authority, or representative. Respectfully submitted, LAW OFFICE OF BOBBY GARCIA, P.C. P.O. Box 5729 McAllen, Texas 78502 Telephone: (956)668-7400