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a No. 2007-13570
VEE (20
RITA BATES § IN THE DISTRICT COURT
V. § OF HARRIS COUNTY, TEXAS
CENTERPOINT ENERGY, INC. §
Ad JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
RITA BATES, Plaintiff, complains of CENTERPOINT ENERGY, INC.,
Defendant, and for cause would show this court as follows:
I or
PARTIES
Plaintiff is resident of Harris County, Baytown Texas.
Defendant, CENTERPOINT ENERGY, INC., is a corporation duly
authorized to do business in the state of Texas and may be served with citation
by serving its named registered agent, C.T. CORPORATE SYSTEMS, 1021 Main
Street, Ste 1150,Houston, Texas 77002.
%
* I.
FACTS
Plaintiff brings this suit to recover damages for personal injuries sustained
by Plaintiff wnen Defendant went to Plaintiffs home on March 9, 2005 located at
1124 Turner, Baytown, Harris County, Texas 77520 to hook up the gas to the
residence and check the gas lines and the gas fixtures. After completing their
PLAINTIFF’S ORIGINAL PETITION
RITA BATES PAGE 1
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work Defendant failed to properly check the gas line and fixtures for potential
leaks and proper functioning.
Later that evening Plaintiff was awaken from her sleep to find the house
filled with smoke and a fire that had started in her home.She had a small child in
the home who she rescued and brought out of the burning and smoke filled home
to safety. Plaintiff suffered extensive damage to her home as well as physical
injuries and mental anguish.
MM.
FIRST CAUSE OF ACTION: NEGLIGENCE
DEFENDANT failed to perform the work in a workmanlike manner causing
damages to Plaintiff's property and person. Defendant, also failed to inspect their
work in a proper manner to ensure the safety of the gas lines and fixtures before
leaving the Plaintiffs home. Each of the foregoing acts, both of omission and
comission constituted negligence, and were each a proximate cause of the
damages and injuries suffered by the Plaintiff.
IV.
DAMAGES
As a result of the negligence described above, Plaintiff has suffered
personal injuries, property damage, emotional distress and mental anguish..
Plaintiff will in all reasonable probability, continue to do so in the future for reason
of the nature and severity of her injuries. Plaintiff has been caused to incur
PLAINTIFF’S ORIGINAL PETITION
RITA BATES PAGE 2
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medical charges and expenses in the past and will, in reasonable probability,
continue to incur medical expenses in the future for treatment of her injuries.
Vv
INTEREST
Plaintiff further would show that Defendant has been in possession of
monies due and owing to Plaintiff since the date of the incident complained of
herein, based on the injuries to Plaintiff as a result of the negligence of
Defendant, and therefore Plaintiff is justly entitled to recover prejudgment interest
on said monies as allowed by law until the date of judgment is entered herein,
and post judgment interest as allowed by law on any judgment awarded by this
court and the jury.
Vi.
PRAYER
FOR THE FOREGOING REASONS, Plaintiff prays that Defendant be duly
cited toappear and answer herein; and that upon finaL trial of this cause, Plaintiff
recover:
1.) Judgment for Plaintiff against Defendant damages as set forth
before;
2) Prejudgment and Post-judgment interest as plead above;
3.) Cost of Court and any other relief to which Plaintiff is justify entitled
PLAINTIFFS ORIGINAL PETITION
RITA BATES PAGE 3
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Respectfully si itted,
DA - LISTI
forney at Law
State Bar No. 00794178
1001 West Baker Road, Suite 201
Baytown, Texas 77521
Telephone: (281) 422-2220
Facsimile: (281) 427-1570
PLAINTIFF’S ORIGINAL PETITION
RITA BATES PAGE 4
2007-13576
Cause No.
R wre Y coTes IN THE DISTRICT COURT OF
Plaintiff
HARRIS COUNTY, TEXAS
Conberpowet Lnecory pEwe:
ZAM swpiciat DISTRICT
CIVIL CASE INFORMATION SHEET
This form must be completed and filed with every original petition, and a copy attached to every original petition
served. The information should be the best available at the time of filing, understanding that such information may change
before trial. This information does not constitute a discovery request, response, or supplementation, and is not admissible at
tral.
Service must be obtained promptly. Notice is hereby given that, per Harris County Local Rule 3.6, any case in
which no answer has been filed or default judgment signed FOUR (4) MONTHS from filing will be eligible for DISMISSAL
FOR WANT OF PROSECUTION.
Type of action: O Commercial H Personal Injury O Death O Other
Check ail claims pled:
O Account due 1 Defamation O Fraud 1 Products liability
D Admiralty 1 Disbarment O Garnishment O Post judgment
O Assault O Discrimination C1 Injunction/TRO O Railroad
D Asbestosis C Dram shop O Insurance bad faith C Realestate
O Auto
O Bill of review
QO DIPA 1 Malicious prosecution
0 Employment discharge 0 Malpractice/Legal
O Securities fraud
O Sequestration ¢
O Conspiracy O Expunction Malpractice /Medical O Silicone implant
O Contract O False imprisonment 1 Name change O Tortious interference.
1
D Deed restriction O Foreclosure C Note D Trespass
O Declaratory judgment O Forfeiture . Premises liability: Workers compensation
O Other
Has this dispute previously been in the Harris County courts? ONo O Yes, in the following court:
Monetary damages sought Bi. less than $50,000 1. 50,001 - $100,000 C greater than $100,000
Estimated time needed for discovery (1 0-3months _&{ 4-6 months ©) 7-12 months O 51 year
Estimated time needed for trial: O 12days 113.5 days O 6-10 days O > 10 days
Are you going to request Level 3 status? D Yes No
If yes, please state your estimate for total hours of deposition per side: and the number of interrogatories needed
for each party to serve on any other party:
Name of party filing this cover sheet:
,
Signature of attorney or pro se filing cover
Nai
Phone No:( 2-81
OV
= Bar No: 00794178
FOR COURT USE ONLY:
Track assigned O Track1 O Track2 O Track 3
Court Coordinator. Date:
COURT
c CIVIL PROCESS REQUEST Q
FOR EACH PARTY SERVED YOU MUST FURNISH ONE (1) COPY OF THE PLEADING
FOR WRITS FURNISH TWO (2) COPIES OF THE PLEADING PER PARTY TO BE SERVED
CASE NUMBER: 2007 13570 CURRENT COURT: Ba
TYPE OF INSTRUMENT TO BE SERVED (See Reverse For Types): ORICINAL Petirion
FILE DATE OF MOTION:
Month/ Day! Year
SERVICE TO BE ISSUED ON (Please List Exactly As The Name Appears In The Pleading To Be Served):
1 NAME: CenreRtoint ENERGY Nz.
ADDRESS: 102) MAIN STREET, STE LIE, Houston, Texas 77002.
AGENT, (if applicable): C.-T. CORPORATE SYSTEMS
TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type):
SERVICE BY (check one):
ATTORNEY PICK-UP 1 CONSTABLE
0 CIVIL PROCESS SERVER - Authorized Person to Pick-up: Phone:
O ma CERTIFIED MAIL
0 PUBLICATION:
Type of Publication: 1 COURTHOUSE DOOR, or
NEWSPAPER OF YOUR CHOICE:
OO orner, explain
FEE EEE EEE EE IEE EOE OO GEE EEOC EOE EEE EEE REE
eee
2. NAME:
oe
ADDRESS:
AGENT, (if applicable)
TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type):
SERVICE BY (check one):
ATTORNEY PICK-UP O CONSTABLE
(0 CIVIL PROCESS SERVER - Authorized Person to Pick-up: Phone:
O malt O cERnFIED MAIL
0 PUBLICATION:
Type of Publication: O) COURTHOUSE DOOR, or
NEWSPAPER OF YOUR CHOICE:
1 OTHER, explain
ATTORNEY (OR ATTORNEY'S AGENT) REQUESTING SERVICE:
NAME: “Dawe Listi TEXASBARNOJIDNO. _OO 794178
MAILING ADDRESS: 1oo| W. Bakee Ru sre 201, Pry Town, TY. 1752|
PHONE NUMBER: 8 4712-2220 FAXNUMBER: el)4 427-1£70
phone number fax number
EMAIL ADDRESS:
Page 1 of2
enews sarin
Preview
ar C oD a No. 2007-13570 VEE (20 RITA BATES § IN THE DISTRICT COURT V. § OF HARRIS COUNTY, TEXAS CENTERPOINT ENERGY, INC. § Ad JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION RITA BATES, Plaintiff, complains of CENTERPOINT ENERGY, INC., Defendant, and for cause would show this court as follows: I or PARTIES Plaintiff is resident of Harris County, Baytown Texas. Defendant, CENTERPOINT ENERGY, INC., is a corporation duly authorized to do business in the state of Texas and may be served with citation by serving its named registered agent, C.T. CORPORATE SYSTEMS, 1021 Main Street, Ste 1150,Houston, Texas 77002. % * I. FACTS Plaintiff brings this suit to recover damages for personal injuries sustained by Plaintiff wnen Defendant went to Plaintiffs home on March 9, 2005 located at 1124 Turner, Baytown, Harris County, Texas 77520 to hook up the gas to the residence and check the gas lines and the gas fixtures. After completing their PLAINTIFF’S ORIGINAL PETITION RITA BATES PAGE 1 — nem Co 2 work Defendant failed to properly check the gas line and fixtures for potential leaks and proper functioning. Later that evening Plaintiff was awaken from her sleep to find the house filled with smoke and a fire that had started in her home.She had a small child in the home who she rescued and brought out of the burning and smoke filled home to safety. Plaintiff suffered extensive damage to her home as well as physical injuries and mental anguish. MM. FIRST CAUSE OF ACTION: NEGLIGENCE DEFENDANT failed to perform the work in a workmanlike manner causing damages to Plaintiff's property and person. Defendant, also failed to inspect their work in a proper manner to ensure the safety of the gas lines and fixtures before leaving the Plaintiffs home. Each of the foregoing acts, both of omission and comission constituted negligence, and were each a proximate cause of the damages and injuries suffered by the Plaintiff. IV. DAMAGES As a result of the negligence described above, Plaintiff has suffered personal injuries, property damage, emotional distress and mental anguish.. Plaintiff will in all reasonable probability, continue to do so in the future for reason of the nature and severity of her injuries. Plaintiff has been caused to incur PLAINTIFF’S ORIGINAL PETITION RITA BATES PAGE 2 ~., Cc ~ medical charges and expenses in the past and will, in reasonable probability, continue to incur medical expenses in the future for treatment of her injuries. Vv INTEREST Plaintiff further would show that Defendant has been in possession of monies due and owing to Plaintiff since the date of the incident complained of herein, based on the injuries to Plaintiff as a result of the negligence of Defendant, and therefore Plaintiff is justly entitled to recover prejudgment interest on said monies as allowed by law until the date of judgment is entered herein, and post judgment interest as allowed by law on any judgment awarded by this court and the jury. Vi. PRAYER FOR THE FOREGOING REASONS, Plaintiff prays that Defendant be duly cited toappear and answer herein; and that upon finaL trial of this cause, Plaintiff recover: 1.) Judgment for Plaintiff against Defendant damages as set forth before; 2) Prejudgment and Post-judgment interest as plead above; 3.) Cost of Court and any other relief to which Plaintiff is justify entitled PLAINTIFFS ORIGINAL PETITION RITA BATES PAGE 3 a C <2 Respectfully si itted, DA - LISTI forney at Law State Bar No. 00794178 1001 West Baker Road, Suite 201 Baytown, Texas 77521 Telephone: (281) 422-2220 Facsimile: (281) 427-1570 PLAINTIFF’S ORIGINAL PETITION RITA BATES PAGE 4 2007-13576 Cause No. R wre Y coTes IN THE DISTRICT COURT OF Plaintiff HARRIS COUNTY, TEXAS Conberpowet Lnecory pEwe: ZAM swpiciat DISTRICT CIVIL CASE INFORMATION SHEET This form must be completed and filed with every original petition, and a copy attached to every original petition served. The information should be the best available at the time of filing, understanding that such information may change before trial. This information does not constitute a discovery request, response, or supplementation, and is not admissible at tral. Service must be obtained promptly. Notice is hereby given that, per Harris County Local Rule 3.6, any case in which no answer has been filed or default judgment signed FOUR (4) MONTHS from filing will be eligible for DISMISSAL FOR WANT OF PROSECUTION. Type of action: O Commercial H Personal Injury O Death O Other Check ail claims pled: O Account due 1 Defamation O Fraud 1 Products liability D Admiralty 1 Disbarment O Garnishment O Post judgment O Assault O Discrimination C1 Injunction/TRO O Railroad D Asbestosis C Dram shop O Insurance bad faith C Realestate O Auto O Bill of review QO DIPA 1 Malicious prosecution 0 Employment discharge 0 Malpractice/Legal O Securities fraud O Sequestration ¢ O Conspiracy O Expunction Malpractice /Medical O Silicone implant O Contract O False imprisonment 1 Name change O Tortious interference. 1 D Deed restriction O Foreclosure C Note D Trespass O Declaratory judgment O Forfeiture . Premises liability: Workers compensation O Other Has this dispute previously been in the Harris County courts? ONo O Yes, in the following court: Monetary damages sought Bi. less than $50,000 1. 50,001 - $100,000 C greater than $100,000 Estimated time needed for discovery (1 0-3months _&{ 4-6 months ©) 7-12 months O 51 year Estimated time needed for trial: O 12days 113.5 days O 6-10 days O > 10 days Are you going to request Level 3 status? D Yes No If yes, please state your estimate for total hours of deposition per side: and the number of interrogatories needed for each party to serve on any other party: Name of party filing this cover sheet: , Signature of attorney or pro se filing cover Nai Phone No:( 2-81 OV = Bar No: 00794178 FOR COURT USE ONLY: Track assigned O Track1 O Track2 O Track 3 Court Coordinator. Date: COURT c CIVIL PROCESS REQUEST Q FOR EACH PARTY SERVED YOU MUST FURNISH ONE (1) COPY OF THE PLEADING FOR WRITS FURNISH TWO (2) COPIES OF THE PLEADING PER PARTY TO BE SERVED CASE NUMBER: 2007 13570 CURRENT COURT: Ba TYPE OF INSTRUMENT TO BE SERVED (See Reverse For Types): ORICINAL Petirion FILE DATE OF MOTION: Month/ Day! Year SERVICE TO BE ISSUED ON (Please List Exactly As The Name Appears In The Pleading To Be Served): 1 NAME: CenreRtoint ENERGY Nz. ADDRESS: 102) MAIN STREET, STE LIE, Houston, Texas 77002. AGENT, (if applicable): C.-T. CORPORATE SYSTEMS TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): SERVICE BY (check one): ATTORNEY PICK-UP 1 CONSTABLE 0 CIVIL PROCESS SERVER - Authorized Person to Pick-up: Phone: O ma CERTIFIED MAIL 0 PUBLICATION: Type of Publication: 1 COURTHOUSE DOOR, or NEWSPAPER OF YOUR CHOICE: OO orner, explain FEE EEE EEE EE IEE EOE OO GEE EEOC EOE EEE EEE REE eee 2. NAME: oe ADDRESS: AGENT, (if applicable) TYPE OF SERVICE/PROCESS TO BE ISSUED (see reverse for specific type): SERVICE BY (check one): ATTORNEY PICK-UP O CONSTABLE (0 CIVIL PROCESS SERVER - Authorized Person to Pick-up: Phone: O malt O cERnFIED MAIL 0 PUBLICATION: Type of Publication: O) COURTHOUSE DOOR, or NEWSPAPER OF YOUR CHOICE: 1 OTHER, explain ATTORNEY (OR ATTORNEY'S AGENT) REQUESTING SERVICE: NAME: “Dawe Listi TEXASBARNOJIDNO. _OO 794178 MAILING ADDRESS: 1oo| W. Bakee Ru sre 201, Pry Town, TY. 1752| PHONE NUMBER: 8 4712-2220 FAXNUMBER: el)4 427-1£70 phone number fax number EMAIL ADDRESS: Page 1 of2 enews sarin