Preview
1 CIT ESERVE 12/22/2020 55353
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Stephanie Clark DEPUTY
D C -2 0 -1 89 21
CAUSE NO.
TINA DOUGLAS, IN THE DISTRICT COURT
Plaintiff,
191
v. JUDICIAL DISTRICT
GOLDMARK HOSPITALITY, LLC,
DALLAS COUNTY, TEXAS
Defendant.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, TINA DOUGLAS, Plaintiff, and files Plaintiff's Original Petition,
complaining of Defendant, GOLDMARK HOSPITALITY LLC., and would show unto the
Court as follows:
I. SELECTION OF DISCOVERY LEVEL
1. This suit is governed by discovery control plan II under Rule 190.3 of the
Texas Rules of Civil Procedure.
II.PARTIES
2. Plaintiff, TINA DOUGLAS, is an individual who resides at 1213 Pioneer
Lane., Plano TX 75023.
3. Defendant, GOLDMARK HOSPITALITY LLC, is aTexas corporation that may
be served through its President, Vice-President or Registered Agent, One Agent Texas,
LLC, at 81 5 Brazos Street Suite 500, Austin, TX 78701 . Citation is being requested for this
Defendant and service will be completed by a private process server.
PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE/263086 Page 1
|||. JURISDICTION & VENUE
4. The Court has continuing jurisdiction over Defendant, because Defendant
maintains minimum contacts with the State of Texas. The Court has jurisdiction over the
controversy, because the damages are within the statutoryjurisdictional limits of the Court.
5. Venue is proper in Dallas County, Texas, because all or a substantial part of
the events or omissions giving rise to the claim occurred in Dallas County.
lV.
6. On August 29, 201 9 Plaintiff was injured on the premises located at 13636
Goldmark Drive, Dallas, Dallas County, TX. Plaintiff, Tina Douglas, was walking towards
the entrance of a building when she pulled open the door, causing itto fall on Plaintiff. At
the time of injury, the premises were being used as a retail store by Defendant,
GOLDMARK HOSPITALITY LLC..
7. Defendant was in control of the premises on which Plaintiff's injuries
occurred. At the time the injuries occurred, Defendant was the owner of the premises or
leasing the premises and had the exclusive right to control the property on which Plaintiff
was injured.
8. Plaintiff was an invitee at the time the injury occurred. Plaintiff entered on
Defendant‘s premises for the mutual benefit of herself and Defendant and at the implied
invitation of Defendant. Defendant extended an open invitation to the public to enter the
premises.
V. NEGLIGENCE
9. Because Plaintiff was an invitee at the time of injury, Defendant, GOLDMARK
HOSPITALITY LLC., owed a duty to exercise ordinary care to keep the premises in
reasonably safe condition, inspect the premises to discover latent defects, and to make
safe any defects or give an adequate warning of any dangers.
10. Defendant's conduct, and that of its agents, servants, and employees, acting
within the scope of their employment, constituted a breach of the duty of ordinary care
owed to Plaintiff. Defendant knew or should have known that the condition on its premises
PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE/263086 Page 2
created an unreasonable risk of harm to invitees. Specifically, Defendant breached its duty
in one or more of the following ways:
1. Failing to inspect the premises on a regular basis;
2 Failing to perform needed repairs;
3. Failing to place signs warning invitees;
4 Failing to instruct or train its agents, servants, and employees to
maintain a hazard free environment; and
Failing to supervise its agents, servants, and employees to ensure the
safety of invitees.
VI. DAMAGES
11. As a proximate result of Defendant's negligence, Plaintiff suffered severe
physical injuries. As a result her injuries, Plaintiff has suffered the following damages:
a. Physical pain and mental anguish in the past and future;
b. Medical expenses in the past and future; and
C. Physical impairment.
VII. PRAYER
12. WHEREFORE, PREMISES CONSIDERED, Plaintiff, TINA DOUGLAS,
respectfully requests that Defendant, GOLDMARK HOSPITALITY LLC., be cited to appear
and answer, and on final trial,that Plaintiff have judgment against Defendant for:
a Actual damages;
b. Prejudgment and post judgment interest as allowed by law;
C. Costs of suit;
monetary relief over $250,000 but not more than $1 ,000,000; and
Any further relief, either in law or equity, to which Plaintiff is justly
entitled.
PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE/263086 Page 3
VIII. REQUEST FOR DISCLOSURE
UnderTexas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose,
within 50 days of the service of this request, the information or material described in Rule
194.2 -
(a) (I).
Respectfully submitted,
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, Texas 75041
(972) 263-5555
(81 7) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
/s/ James Bauguss III
James Bauguss |||
State Bar No. 24045463
ATTORNEY FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE/263086 Page 4
Preview
1 CIT ESERVE 12/22/2020 55353 FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Stephanie Clark DEPUTY D C -2 0 -1 89 21 CAUSE NO. TINA DOUGLAS, IN THE DISTRICT COURT Plaintiff, 191 v. JUDICIAL DISTRICT GOLDMARK HOSPITALITY, LLC, DALLAS COUNTY, TEXAS Defendant. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, TINA DOUGLAS, Plaintiff, and files Plaintiff's Original Petition, complaining of Defendant, GOLDMARK HOSPITALITY LLC., and would show unto the Court as follows: I. SELECTION OF DISCOVERY LEVEL 1. This suit is governed by discovery control plan II under Rule 190.3 of the Texas Rules of Civil Procedure. II.PARTIES 2. Plaintiff, TINA DOUGLAS, is an individual who resides at 1213 Pioneer Lane., Plano TX 75023. 3. Defendant, GOLDMARK HOSPITALITY LLC, is aTexas corporation that may be served through its President, Vice-President or Registered Agent, One Agent Texas, LLC, at 81 5 Brazos Street Suite 500, Austin, TX 78701 . Citation is being requested for this Defendant and service will be completed by a private process server. PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE/263086 Page 1 |||. JURISDICTION & VENUE 4. The Court has continuing jurisdiction over Defendant, because Defendant maintains minimum contacts with the State of Texas. The Court has jurisdiction over the controversy, because the damages are within the statutoryjurisdictional limits of the Court. 5. Venue is proper in Dallas County, Texas, because all or a substantial part of the events or omissions giving rise to the claim occurred in Dallas County. lV. 6. On August 29, 201 9 Plaintiff was injured on the premises located at 13636 Goldmark Drive, Dallas, Dallas County, TX. Plaintiff, Tina Douglas, was walking towards the entrance of a building when she pulled open the door, causing itto fall on Plaintiff. At the time of injury, the premises were being used as a retail store by Defendant, GOLDMARK HOSPITALITY LLC.. 7. Defendant was in control of the premises on which Plaintiff's injuries occurred. At the time the injuries occurred, Defendant was the owner of the premises or leasing the premises and had the exclusive right to control the property on which Plaintiff was injured. 8. Plaintiff was an invitee at the time the injury occurred. Plaintiff entered on Defendant‘s premises for the mutual benefit of herself and Defendant and at the implied invitation of Defendant. Defendant extended an open invitation to the public to enter the premises. V. NEGLIGENCE 9. Because Plaintiff was an invitee at the time of injury, Defendant, GOLDMARK HOSPITALITY LLC., owed a duty to exercise ordinary care to keep the premises in reasonably safe condition, inspect the premises to discover latent defects, and to make safe any defects or give an adequate warning of any dangers. 10. Defendant's conduct, and that of its agents, servants, and employees, acting within the scope of their employment, constituted a breach of the duty of ordinary care owed to Plaintiff. Defendant knew or should have known that the condition on its premises PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE/263086 Page 2 created an unreasonable risk of harm to invitees. Specifically, Defendant breached its duty in one or more of the following ways: 1. Failing to inspect the premises on a regular basis; 2 Failing to perform needed repairs; 3. Failing to place signs warning invitees; 4 Failing to instruct or train its agents, servants, and employees to maintain a hazard free environment; and Failing to supervise its agents, servants, and employees to ensure the safety of invitees. VI. DAMAGES 11. As a proximate result of Defendant's negligence, Plaintiff suffered severe physical injuries. As a result her injuries, Plaintiff has suffered the following damages: a. Physical pain and mental anguish in the past and future; b. Medical expenses in the past and future; and C. Physical impairment. VII. PRAYER 12. WHEREFORE, PREMISES CONSIDERED, Plaintiff, TINA DOUGLAS, respectfully requests that Defendant, GOLDMARK HOSPITALITY LLC., be cited to appear and answer, and on final trial,that Plaintiff have judgment against Defendant for: a Actual damages; b. Prejudgment and post judgment interest as allowed by law; C. Costs of suit; monetary relief over $250,000 but not more than $1 ,000,000; and Any further relief, either in law or equity, to which Plaintiff is justly entitled. PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE/263086 Page 3 VIII. REQUEST FOR DISCLOSURE UnderTexas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose, within 50 days of the service of this request, the information or material described in Rule 194.2 - (a) (I). Respectfully submitted, Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, Texas 75041 (972) 263-5555 (81 7) 263-5555 (972) 682-7586 Facsimile eService@benabbott.com /s/ James Bauguss III James Bauguss ||| State Bar No. 24045463 ATTORNEY FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION AND REQUESTS FOR DISCLOSURE/263086 Page 4