Preview
342-287627-16 FILED
TARRANT COUNTY
4/25/2018 3:29 PM
CAUSE NO. 342-287627-16 THOMAS A. WILDER
DISTRICT CLERK
MARQUISE MARTIN, INDIVIDUALLY, § IN THE DISTRICT COURT
AND AS PERSONAL REPRESENTATIVE §
OF THE ESTATE OF CARLA HARVEY, §
DECEASED, AND FELICIA ELDRIDGE, §
AS NEXT FRIEND OF R.J.W., A MINOR, §
AND R.R.W., A MINOR, §
§
Plaintiff, §
§
v. § 342nd JUDICIAL DISTRICT
§
DAYBREAK COMMUNITY SERVICES, INC.; §
DAYBREAK COMMUNITY SERVICE §
TEXAS, LLC; AND DAYBREAK §
GROUP, LTD. CO.; §
§
Defendants. § TARRANT COUNTY, TEXAS
PLAINTIFFS’ SECOND AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES MARQUISE MARTIN, INDIVIDUALLY AND AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF CARLA HARVEY, DECEASED, AND FELICIA
ELDRIDGE, AS NEXT FRIEND OF R.J.W., A MINOR, AND R.R.W., A MINOR, Plaintiffs herein,
complaining of Defendants DAYBREAK COMMUNITY SERVICES, INC.; DAYBREAK
COMMUNITY SERVICE TEXAS, LLC; and DAYBREAK GROUP, LTD. CO. (herein referenced
collectively as Defendants or individually by name) and for causes of action would show as
follows:
I.
DISCOVERY CONTROL PLAN
1. Pursuant to the provisions of Texas Rule of Civil Procedure 190.3, Plaintiffs
propose to conduct discovery according to Discovery Control Plan Level 3, and therefore
requests this Court to enter a scheduling order.
II.
PARTIES
2. Plaintiff, MARQUISE MARTIN, INDIVIDUALLY AND AS PERSONAL
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 1 of 10
Plaintiff’s Second Amended Petition
REPRESENTATIVE OF THE ESTATE OF CARLA HARVEY, DECEASED, resides in Dallas,
Dallas County, Texas. Marquise Martin is a surviving son of Carla Harvey.
3. FELICIA ELDRIDGE here brings causes of action as next friend of R.J.W., a
minor, and R.R.W., a minor. Such minors are the surviving issue of Carla Harvey.
4. Defendant, DAYBREAK COMMUNITY SERVICES, INC., is a Texas corporation
organized under the laws of the State of Texas, doing business in the State of Texas. Said
Defendant has been served in this case and has answered. Plaintiff is here serving this filing
upon its Counsel of Record in accordance with the Texas Rules of Civil Procedure and no
further formal service of process is required at this time.
5. Defendant DAYBREAK COMMUNITY SERVICE TEXAS, LLC, is a Texas
business entity organized under the laws of the State of Texas, doing business in the State of
Texas. Said Defendant has been served in this case and has answered. Plaintiff is here serving
this filing upon its Counsel of Record in accordance with the Texas Rules of Civil Procedure and
no further formal service of process is required at this time.
6. Defendant DAYBREAK GROUP, LTD. CO., is a Texas business entity organized
under the laws of the State of Texas doing business in the State of Texas. Said Defendant has
been served in this case and has answered. Plaintiff is here serving this filing upon its Counsel
of Record in accordance with the Texas Rules of Civil Procedure and no further formal service
of process is required at this time.
III.
VENUE
7. Venue is proper in this county of suit pursuant to Section 15.002 of the Texas
Civil Practice and Remedies Code, because Tarrant County is the county in which all or a
substantial part of the events or omissions giving rise to the claim occurred.
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 2 of 10
Plaintiff’s Second Amended Petition
IV.
BACKGROUND FACTS
8. On, or about, May 10, 2016, Carla Harvey, deceased, suffered significant leg
injuries as a result of a fall that occurred while being harassed by one of the residents of
DAYBREAK COMMUNITY SERVICES, INC. Carla Harvey died 21 days later on May 31, 2016
due to complications from her leg injuries. Specifically, the “Certificate of Death” and the Tarrant
County Medical Examiner’s Examination Report pertaining to Carla Harvey indicate that her
death was caused by a pulmonary embolism due to complications of leg injury that occurred
due to the above referenced incident on, or about, May 10, 2016.
9. Carla Harvey’s injuries occurred while she was working as an employee for
DAYBREAK COMMUNITY SERVICES, INC., and/or DAYBREAK COMMUNITY SERVICE
TEXAS, LLC, and/or DAYBREAK GROUP, LTD. CO. At the time of the incident, Carla Harvey
was approached by a resident of DAYBREAK COMMUNITY SERVICES, INC., that had been
stalking and harassing her. This resident was known to be violent. As she attempted to protect
herself and get away from the resident out of concern for her safety, she tripped and fell on her
right knee. Carla Harvey was hospitalized and as a result of this injury, on May 31, 2016, she
suffered a pulmonary embolism and died.
10. DAYBREAK COMMUNITY SERVICES, INC., is a non-subscriber to the Texas
Workers Compensation system. As such, DAYBREAK COMMUNITY SERVICES, INC., has no
common law defenses to Plaintiffs’ claims of negligence for DAYBREAK COMMUNITY
SERVICES, INC., failing to provide a safe work environment for Ms. Harvey’s employment at
DAYBREAK COMMUNITY SERVICES, INC. DAYBREAK COMMUNITY SERVICES, INC.’s
negligence was a proximate cause of Ms. Harvey’s fall and leg injuries and resulting death due
to pulmonary embolism.
11. DAYBREAK COMMUNITY SERVICE TEXAS, LLC, is a non-subscriber to the
Texas Workers Compensation system. As such, DAYBREAK COMMUNITY SERVICE TEXAS,
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 3 of 10
Plaintiff’s Second Amended Petition
LLC, has no common law defenses to Plaintiffs’ claims of negligence for DAYBREAK
COMMUNITY SERVICE TEXAS, LLC, failing to provide a safe work environment for Ms.
Harvey’s employment at DAYBREAK COMMUNITY SERVICE TEXAS, LLC. DAYBREAK
COMMUNITY SERVICE TEXAS, LLC’s negligence was a proximate cause of Ms. Harvey’s fall
and leg injuries and resulting death due to pulmonary embolism.
12. DAYBREAK GROUP, LTD. CO., is a non-subscriber to the Texas Workers
Compensation system. As such, DAYBREAK GROUP, LTD. CO., has no common law
defenses to Plaintiffs’ claims of negligence for DAYBREAK GROUP, LTD. CO., failing to provide
a safe work environment for Ms. Harvey’s employment at DAYBREAK GROUP, LTD. CO.
DAYBREAK GROUP, LTD. CO.’s negligence was a proximate cause of Ms. Harvey’s falland
leg injuries and resulting death due to pulmonary embolism.
13. At all times relevant, Defendants were possessors and/or occupiers of the
premises where the above occurrence on, or about, May 10, 2016, took place and controlled
said premises. At all times relevant, Plaintiff was an invitee on said premises.
V.
CAUSES OF ACTION
A. DEFENDANTS’ AGENTS AND EMPLOYEES
14. Plaintiffs hereby incorporate by reference each of the foregoing paragraphs as if
fully stated herein.
15. Whenever itis alleged that Defendants DAYBREAK COMMUNITY SERVICES,
INC., and/or DAYBREAK COMMUNITY SERVICE TEXAS, LLC, and/or DAYBREAK GROUP,
LTD. CO., did any act, it is meant that the employees, agents, officers, representatives or
servants of such respective Defendant did such act or failed to do such act, and at the time such
act or omission occurred, it was with the full knowledge, authorization or ratification of such
respective Defendant or was done in the normal and routine course and scope of employment
of such person. Under the doctrine of Respondeat Superior, Defendants DAYBREAK
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 4 of 10
Plaintiff’s Second Amended Petition
COMMUNITY SERVICES, INC., and DAYBREAK COMMUNITY SERVICE TEXAS, LLC, and
DAYBREAK GROUP, LTD. CO., are liable to Plaintiff for the conduct or omissions of their
respective employees, agents, officers, representatives or servants.
B. NEGLIGENCE OF DEFENDANT DAYBREAK COMMUNITY SERVICES, INC.
16. The occurrence made the basis of this suit, as referenced above, and Plaintiffs’
resulting injuries and damages were proximately caused by the negligent conduct of Defendant
DAYBREAK COMMUNITY SERVICES, INC. by and through its agents, employees, and/or
representatives, including, but not limited to, the following:
a. Defendant failed to provide CARLA HARVEY with a safe work place;
b. Defendants failed to make the premises safe in regard to a negligent
activity;
c. Defendant failed to provide a suitable necessary instrumentality to
Plaintiff for her to be able to avoid injury;
d. Defendant failed to provide sufficient assistance or staffing to prevent
CARLA HARVEY’s injuries;
e. Defendant failed to properly train and/or supervise their employees to
prevent incidents such as the incident made the basis of this lawsuit;
f. Defendant failed to warn CARLA HARVEY of the unsafe conditions;
g. Defendant failed to correct the unsafe conditions.
17. Each of these acts and omissions, singularly or in combination with each other,
constitutes negligence which proximately caused the occurrence made the basis of this action
and Plaintiffs’ injuries and damages.
C. NEGLIGENCE OF DEFENDANT DAYBREAK COMMUNITY SERVICE TEXAS, LLC
18. The occurrence made the basis of this suit, as referenced above, and Plaintiffs’
resulting injuries and damages were proximately caused by the negligent conduct of Defendant
DAYBREAK COMMUNITY SERVICE TEXAS, LLC by and through its agents, employees,
and/or representatives, including, but not limited to, the following:
a. Defendant failed to provide CARLA HARVEY with a safe work place;
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 5 of 10
Plaintiff’s Second Amended Petition
b. Defendant failed to make the premises safe in regard to a negligent
activity;
c. Defendant failed to provide a suitable necessary instrumentality to
Plaintiff for her to be able to avoid injury;
d. Defendant failed to provide sufficient assistance or staffing to prevent
CARLA HARVEY’s injuries;
e. Defendant failed to properly train and/or supervise their employees to
prevent incidents such as the incident made the basis of this lawsuit;
f. Defendant failed to warn CARLA HARVEY of the unsafe conditions;
g. Defendant failed to correct the unsafe conditions.
19. Each of these acts and omissions, singularly or in combination with each other,
constitutes negligence which proximately caused the occurrence made the basis of this action.
D. NEGLIGENCE OF DEFENDANT DAYBREAK GROUP, LTD. CO.
20. The occurrence made the basis of this suit, as referenced above, and Plaintiffs’
resulting injuries and damages were proximately caused by the negligent conduct of Defendant
DAYBREAK GROUP, LTD. CO., by and through its agents, employees, and/or representatives,
including, but not limited to, the following:
a. Defendant failed to provide CARLA HARVEY with a safe work place;
b. Defendant failed to make the premises safe in regard to a negligent
activity;
c. Defendant failed to provide a suitable necessary instrumentality to
Plaintiff for her to be able to avoid injury;
d. Defendant failed to provide sufficient assistance or staffing to prevent
CARLA HARVEY’s injuries;
e. Defendant failed to properly train and/or supervise their employees to
prevent incidents such as the incident made the basis of this lawsuit;
f. Defendant failed to warn CARLA HARVEY of the unsafe conditions;
g. Defendant failed to correct the unsafe conditions.
21. Each of these acts and omissions, singularly or in combination with each other,
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 6 of 10
Plaintiff’s Second Amended Petition
constitutes negligence which proximately caused the occurrence made the basis of this action
and Plaintiffs’ injuries and damages.
VI.
DAMAGES
22. As a direct and proximate result of the negligence of Defendant, Plaintiffs have
suffered the following damages:
a. Past and future loss of love, companionship and society;
b. Past and future mental anguish;
c. Prejudgment and post judgment interest.
23. As a direct and proximate result of the negligence of the Defendants, the Estate
of CARLA HARVEY suffered the following damages.
a. Pain and mental anguish. Pain and mental anguish means the conscious
physical pain and emotional pain, torment, and suffering experienced by
decedent before her death as a result of the occurrence in question;
b. Loss of earnings of her lifetime;
c. Medical expenses;
d. Funeral and burial expenses;
e. Loss of enjoyment of life; and
f. Prejudgment and post judgment interest.
24. By reason of all of the above, Plaintiffs have suffered losses and damages in a
sum within the jurisdictional limits of the Court and for which this lawsuit is brought.
25. Plaintiffs state that they completely and fully rely on the discretion of a jury to
determine the amount to be awarded in this case. At this time, Plaintiffs believes their damages
to be over $1,000,000.00. However, Plaintiffs reserve the right to increase, decrease, or
otherwise amend this amount prior to or during trial dependent on the outcome of the evidence.
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 7 of 10
Plaintiff’s Second Amended Petition
VII.
INTEREST
26. Plaintiffs further request both pre-judgment and post-judgment interest on all of
their damages as allowed by law.
VIII.
RULE 47 NOTICE
27. Pursuant to Rule 47 of the TEXAS RULES OF CIVIL PROCEDURE, Plaintiffs
plead an amount in damages in excess of $1,000,000.00.
IX.
DEMAND FOR JURY TRIAL
28. Plaintiffs demand a trial by jury. Plaintiffs acknowledge payment this date of the
required jury fee.
X.
REQUESTS FOR DISCLOSURE
29. Pursuant to RULE 194 of the TEXAS RULES OF CIVIL PROCEDURE, all
Defendants are requested to disclose, within fifty (50) days of service hereof, the information
and material described in each section of RULE 194.2 of the TEXAS RULES OF CIVIL
PROCEDURE.
XI.
NOTICE OF SELF-AUTHENTICATION
30. Pursuant to RULE 193.7 of the TEXAS RULES OF CIVIL PROCEDURE,
Defendants are hereby noticed that the production of any document in response to written
discovery authenticates the document for use against that party in any pretrial proceeding or at
trial.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be cited
to appear and answer herein, and that upon final trial, they have judgment against said
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 8 of 10
Plaintiff’s Second Amended Petition
Defendants with interest thereon at the legal rate, for costs of court, and for such other and
further relief to which they may show themselves justly entitled.
Respectfully submitted,
ANTHONY & PETERSON, L.L.P.
/s/ Wesley R. Vasquez
Brett Anthony
State Bar No. 00793272
banthony@anthony-peterson.com
Douglas P. Peterson
State Bar No. 00797240
dpeterson@anthony-peterson.com
Wesley R. Vasquez
State Bar No. 24090448
wvasquez@anthony-peterson.com
500 North Water Street, Suite 1010
Corpus Christi, Texas 78401
Telephone: (361) 687-1000
Facsimile: (361) 687-1010
and
BONILLA & CHAPA, P.C.
Ruben Bonilla, Jr.
State Bar No. 02601000
Ed Chapa
State Bar No. 04113900
2727 Morgan Avenue
Corpus Christi, Texas 78405
Telephone: (361) 881-1000
Facsimile: (361) 881-1028
ATTORNEYS FOR PLAINTIFFS
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 9 of 10
Plaintiff’s Second Amended Petition
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing instrument has
been forwarded to counsel, as listed below, on this the 25th day of April 2018 in accordance with
the Texas Rules of Civil Procedure.
_/s/ Wesley R. Vasquez
Wesley R. Vasquez
VIA E-SERVICE
Mr. James M. McCoy
The McCoy Law Firm
12400 Coit Road, Suite 560
Dallas, TX 75241
_____________________________________________________________________________________________
Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 10 of 10
Plaintiff’s Second Amended Petition
Preview
342-287627-16 FILED TARRANT COUNTY 4/25/2018 3:29 PM CAUSE NO. 342-287627-16 THOMAS A. WILDER DISTRICT CLERK MARQUISE MARTIN, INDIVIDUALLY, § IN THE DISTRICT COURT AND AS PERSONAL REPRESENTATIVE § OF THE ESTATE OF CARLA HARVEY, § DECEASED, AND FELICIA ELDRIDGE, § AS NEXT FRIEND OF R.J.W., A MINOR, § AND R.R.W., A MINOR, § § Plaintiff, § § v. § 342nd JUDICIAL DISTRICT § DAYBREAK COMMUNITY SERVICES, INC.; § DAYBREAK COMMUNITY SERVICE § TEXAS, LLC; AND DAYBREAK § GROUP, LTD. CO.; § § Defendants. § TARRANT COUNTY, TEXAS PLAINTIFFS’ SECOND AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES MARQUISE MARTIN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF CARLA HARVEY, DECEASED, AND FELICIA ELDRIDGE, AS NEXT FRIEND OF R.J.W., A MINOR, AND R.R.W., A MINOR, Plaintiffs herein, complaining of Defendants DAYBREAK COMMUNITY SERVICES, INC.; DAYBREAK COMMUNITY SERVICE TEXAS, LLC; and DAYBREAK GROUP, LTD. CO. (herein referenced collectively as Defendants or individually by name) and for causes of action would show as follows: I. DISCOVERY CONTROL PLAN 1. Pursuant to the provisions of Texas Rule of Civil Procedure 190.3, Plaintiffs propose to conduct discovery according to Discovery Control Plan Level 3, and therefore requests this Court to enter a scheduling order. II. PARTIES 2. Plaintiff, MARQUISE MARTIN, INDIVIDUALLY AND AS PERSONAL _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 1 of 10 Plaintiff’s Second Amended Petition REPRESENTATIVE OF THE ESTATE OF CARLA HARVEY, DECEASED, resides in Dallas, Dallas County, Texas. Marquise Martin is a surviving son of Carla Harvey. 3. FELICIA ELDRIDGE here brings causes of action as next friend of R.J.W., a minor, and R.R.W., a minor. Such minors are the surviving issue of Carla Harvey. 4. Defendant, DAYBREAK COMMUNITY SERVICES, INC., is a Texas corporation organized under the laws of the State of Texas, doing business in the State of Texas. Said Defendant has been served in this case and has answered. Plaintiff is here serving this filing upon its Counsel of Record in accordance with the Texas Rules of Civil Procedure and no further formal service of process is required at this time. 5. Defendant DAYBREAK COMMUNITY SERVICE TEXAS, LLC, is a Texas business entity organized under the laws of the State of Texas, doing business in the State of Texas. Said Defendant has been served in this case and has answered. Plaintiff is here serving this filing upon its Counsel of Record in accordance with the Texas Rules of Civil Procedure and no further formal service of process is required at this time. 6. Defendant DAYBREAK GROUP, LTD. CO., is a Texas business entity organized under the laws of the State of Texas doing business in the State of Texas. Said Defendant has been served in this case and has answered. Plaintiff is here serving this filing upon its Counsel of Record in accordance with the Texas Rules of Civil Procedure and no further formal service of process is required at this time. III. VENUE 7. Venue is proper in this county of suit pursuant to Section 15.002 of the Texas Civil Practice and Remedies Code, because Tarrant County is the county in which all or a substantial part of the events or omissions giving rise to the claim occurred. _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 2 of 10 Plaintiff’s Second Amended Petition IV. BACKGROUND FACTS 8. On, or about, May 10, 2016, Carla Harvey, deceased, suffered significant leg injuries as a result of a fall that occurred while being harassed by one of the residents of DAYBREAK COMMUNITY SERVICES, INC. Carla Harvey died 21 days later on May 31, 2016 due to complications from her leg injuries. Specifically, the “Certificate of Death” and the Tarrant County Medical Examiner’s Examination Report pertaining to Carla Harvey indicate that her death was caused by a pulmonary embolism due to complications of leg injury that occurred due to the above referenced incident on, or about, May 10, 2016. 9. Carla Harvey’s injuries occurred while she was working as an employee for DAYBREAK COMMUNITY SERVICES, INC., and/or DAYBREAK COMMUNITY SERVICE TEXAS, LLC, and/or DAYBREAK GROUP, LTD. CO. At the time of the incident, Carla Harvey was approached by a resident of DAYBREAK COMMUNITY SERVICES, INC., that had been stalking and harassing her. This resident was known to be violent. As she attempted to protect herself and get away from the resident out of concern for her safety, she tripped and fell on her right knee. Carla Harvey was hospitalized and as a result of this injury, on May 31, 2016, she suffered a pulmonary embolism and died. 10. DAYBREAK COMMUNITY SERVICES, INC., is a non-subscriber to the Texas Workers Compensation system. As such, DAYBREAK COMMUNITY SERVICES, INC., has no common law defenses to Plaintiffs’ claims of negligence for DAYBREAK COMMUNITY SERVICES, INC., failing to provide a safe work environment for Ms. Harvey’s employment at DAYBREAK COMMUNITY SERVICES, INC. DAYBREAK COMMUNITY SERVICES, INC.’s negligence was a proximate cause of Ms. Harvey’s fall and leg injuries and resulting death due to pulmonary embolism. 11. DAYBREAK COMMUNITY SERVICE TEXAS, LLC, is a non-subscriber to the Texas Workers Compensation system. As such, DAYBREAK COMMUNITY SERVICE TEXAS, _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 3 of 10 Plaintiff’s Second Amended Petition LLC, has no common law defenses to Plaintiffs’ claims of negligence for DAYBREAK COMMUNITY SERVICE TEXAS, LLC, failing to provide a safe work environment for Ms. Harvey’s employment at DAYBREAK COMMUNITY SERVICE TEXAS, LLC. DAYBREAK COMMUNITY SERVICE TEXAS, LLC’s negligence was a proximate cause of Ms. Harvey’s fall and leg injuries and resulting death due to pulmonary embolism. 12. DAYBREAK GROUP, LTD. CO., is a non-subscriber to the Texas Workers Compensation system. As such, DAYBREAK GROUP, LTD. CO., has no common law defenses to Plaintiffs’ claims of negligence for DAYBREAK GROUP, LTD. CO., failing to provide a safe work environment for Ms. Harvey’s employment at DAYBREAK GROUP, LTD. CO. DAYBREAK GROUP, LTD. CO.’s negligence was a proximate cause of Ms. Harvey’s falland leg injuries and resulting death due to pulmonary embolism. 13. At all times relevant, Defendants were possessors and/or occupiers of the premises where the above occurrence on, or about, May 10, 2016, took place and controlled said premises. At all times relevant, Plaintiff was an invitee on said premises. V. CAUSES OF ACTION A. DEFENDANTS’ AGENTS AND EMPLOYEES 14. Plaintiffs hereby incorporate by reference each of the foregoing paragraphs as if fully stated herein. 15. Whenever itis alleged that Defendants DAYBREAK COMMUNITY SERVICES, INC., and/or DAYBREAK COMMUNITY SERVICE TEXAS, LLC, and/or DAYBREAK GROUP, LTD. CO., did any act, it is meant that the employees, agents, officers, representatives or servants of such respective Defendant did such act or failed to do such act, and at the time such act or omission occurred, it was with the full knowledge, authorization or ratification of such respective Defendant or was done in the normal and routine course and scope of employment of such person. Under the doctrine of Respondeat Superior, Defendants DAYBREAK _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 4 of 10 Plaintiff’s Second Amended Petition COMMUNITY SERVICES, INC., and DAYBREAK COMMUNITY SERVICE TEXAS, LLC, and DAYBREAK GROUP, LTD. CO., are liable to Plaintiff for the conduct or omissions of their respective employees, agents, officers, representatives or servants. B. NEGLIGENCE OF DEFENDANT DAYBREAK COMMUNITY SERVICES, INC. 16. The occurrence made the basis of this suit, as referenced above, and Plaintiffs’ resulting injuries and damages were proximately caused by the negligent conduct of Defendant DAYBREAK COMMUNITY SERVICES, INC. by and through its agents, employees, and/or representatives, including, but not limited to, the following: a. Defendant failed to provide CARLA HARVEY with a safe work place; b. Defendants failed to make the premises safe in regard to a negligent activity; c. Defendant failed to provide a suitable necessary instrumentality to Plaintiff for her to be able to avoid injury; d. Defendant failed to provide sufficient assistance or staffing to prevent CARLA HARVEY’s injuries; e. Defendant failed to properly train and/or supervise their employees to prevent incidents such as the incident made the basis of this lawsuit; f. Defendant failed to warn CARLA HARVEY of the unsafe conditions; g. Defendant failed to correct the unsafe conditions. 17. Each of these acts and omissions, singularly or in combination with each other, constitutes negligence which proximately caused the occurrence made the basis of this action and Plaintiffs’ injuries and damages. C. NEGLIGENCE OF DEFENDANT DAYBREAK COMMUNITY SERVICE TEXAS, LLC 18. The occurrence made the basis of this suit, as referenced above, and Plaintiffs’ resulting injuries and damages were proximately caused by the negligent conduct of Defendant DAYBREAK COMMUNITY SERVICE TEXAS, LLC by and through its agents, employees, and/or representatives, including, but not limited to, the following: a. Defendant failed to provide CARLA HARVEY with a safe work place; _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 5 of 10 Plaintiff’s Second Amended Petition b. Defendant failed to make the premises safe in regard to a negligent activity; c. Defendant failed to provide a suitable necessary instrumentality to Plaintiff for her to be able to avoid injury; d. Defendant failed to provide sufficient assistance or staffing to prevent CARLA HARVEY’s injuries; e. Defendant failed to properly train and/or supervise their employees to prevent incidents such as the incident made the basis of this lawsuit; f. Defendant failed to warn CARLA HARVEY of the unsafe conditions; g. Defendant failed to correct the unsafe conditions. 19. Each of these acts and omissions, singularly or in combination with each other, constitutes negligence which proximately caused the occurrence made the basis of this action. D. NEGLIGENCE OF DEFENDANT DAYBREAK GROUP, LTD. CO. 20. The occurrence made the basis of this suit, as referenced above, and Plaintiffs’ resulting injuries and damages were proximately caused by the negligent conduct of Defendant DAYBREAK GROUP, LTD. CO., by and through its agents, employees, and/or representatives, including, but not limited to, the following: a. Defendant failed to provide CARLA HARVEY with a safe work place; b. Defendant failed to make the premises safe in regard to a negligent activity; c. Defendant failed to provide a suitable necessary instrumentality to Plaintiff for her to be able to avoid injury; d. Defendant failed to provide sufficient assistance or staffing to prevent CARLA HARVEY’s injuries; e. Defendant failed to properly train and/or supervise their employees to prevent incidents such as the incident made the basis of this lawsuit; f. Defendant failed to warn CARLA HARVEY of the unsafe conditions; g. Defendant failed to correct the unsafe conditions. 21. Each of these acts and omissions, singularly or in combination with each other, _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 6 of 10 Plaintiff’s Second Amended Petition constitutes negligence which proximately caused the occurrence made the basis of this action and Plaintiffs’ injuries and damages. VI. DAMAGES 22. As a direct and proximate result of the negligence of Defendant, Plaintiffs have suffered the following damages: a. Past and future loss of love, companionship and society; b. Past and future mental anguish; c. Prejudgment and post judgment interest. 23. As a direct and proximate result of the negligence of the Defendants, the Estate of CARLA HARVEY suffered the following damages. a. Pain and mental anguish. Pain and mental anguish means the conscious physical pain and emotional pain, torment, and suffering experienced by decedent before her death as a result of the occurrence in question; b. Loss of earnings of her lifetime; c. Medical expenses; d. Funeral and burial expenses; e. Loss of enjoyment of life; and f. Prejudgment and post judgment interest. 24. By reason of all of the above, Plaintiffs have suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought. 25. Plaintiffs state that they completely and fully rely on the discretion of a jury to determine the amount to be awarded in this case. At this time, Plaintiffs believes their damages to be over $1,000,000.00. However, Plaintiffs reserve the right to increase, decrease, or otherwise amend this amount prior to or during trial dependent on the outcome of the evidence. _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 7 of 10 Plaintiff’s Second Amended Petition VII. INTEREST 26. Plaintiffs further request both pre-judgment and post-judgment interest on all of their damages as allowed by law. VIII. RULE 47 NOTICE 27. Pursuant to Rule 47 of the TEXAS RULES OF CIVIL PROCEDURE, Plaintiffs plead an amount in damages in excess of $1,000,000.00. IX. DEMAND FOR JURY TRIAL 28. Plaintiffs demand a trial by jury. Plaintiffs acknowledge payment this date of the required jury fee. X. REQUESTS FOR DISCLOSURE 29. Pursuant to RULE 194 of the TEXAS RULES OF CIVIL PROCEDURE, all Defendants are requested to disclose, within fifty (50) days of service hereof, the information and material described in each section of RULE 194.2 of the TEXAS RULES OF CIVIL PROCEDURE. XI. NOTICE OF SELF-AUTHENTICATION 30. Pursuant to RULE 193.7 of the TEXAS RULES OF CIVIL PROCEDURE, Defendants are hereby noticed that the production of any document in response to written discovery authenticates the document for use against that party in any pretrial proceeding or at trial. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that the Defendants be cited to appear and answer herein, and that upon final trial, they have judgment against said _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 8 of 10 Plaintiff’s Second Amended Petition Defendants with interest thereon at the legal rate, for costs of court, and for such other and further relief to which they may show themselves justly entitled. Respectfully submitted, ANTHONY & PETERSON, L.L.P. /s/ Wesley R. Vasquez Brett Anthony State Bar No. 00793272 banthony@anthony-peterson.com Douglas P. Peterson State Bar No. 00797240 dpeterson@anthony-peterson.com Wesley R. Vasquez State Bar No. 24090448 wvasquez@anthony-peterson.com 500 North Water Street, Suite 1010 Corpus Christi, Texas 78401 Telephone: (361) 687-1000 Facsimile: (361) 687-1010 and BONILLA & CHAPA, P.C. Ruben Bonilla, Jr. State Bar No. 02601000 Ed Chapa State Bar No. 04113900 2727 Morgan Avenue Corpus Christi, Texas 78405 Telephone: (361) 881-1000 Facsimile: (361) 881-1028 ATTORNEYS FOR PLAINTIFFS _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 9 of 10 Plaintiff’s Second Amended Petition CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing instrument has been forwarded to counsel, as listed below, on this the 25th day of April 2018 in accordance with the Texas Rules of Civil Procedure. _/s/ Wesley R. Vasquez Wesley R. Vasquez VIA E-SERVICE Mr. James M. McCoy The McCoy Law Firm 12400 Coit Road, Suite 560 Dallas, TX 75241 _____________________________________________________________________________________________ Marquise Martin, et. al. v. Daybreak Community Services, Inc., et. al. Page 10 of 10 Plaintiff’s Second Amended Petition