On July 21, 2021 a
Complaint,Petition
was filed
involving a dispute between
Myers, Juanita,
and
Walmart Inc.,
for PROPERTY
in the District Court of Dallas County.
Preview
FILED
7/21/2021 1:14 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Christi Undewvood DEPUTY
DC-21-09455
CAUSE NO.
JUAN ITA MYERS § IN THE DISTRICT COURT
95th
g
vs. § DALLAS COUNTY, TEXAS
§
§
WALMART INC. § JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW IUANITA MYERS, hereinafter referred to as Plaintiff, complaining of
WALMART 1NC., hereinafter referred to as Defendant, and would show the Court as follows:
Plaintiff is a citizen of Texas residing in Dallas County, Texas.
Defendant WALMART INC. is a company doing business in the State of Texas and can
be served with Citation by serving its registered agent, CT Corporation System at 1999 Bryan
St., Ste. 900, Dallas, TX, 75201.
Discovery is to be conducted under Level 3 of Rule 190.2.
Plaintiff is demanding damages of at least $250,000 but less than $1,000,000.
II.
On or about November 10, 2019, while Plaintiff was on Defendant’s premises located at
7401Samuel Blvd Dallas, Texas, Plaintiff slipped and fell on water that was dirty, streaky and on
the floor. An employee of defendant stated he thought that was already cleaned up. The resulting
negligence caused Plaintiff to sustain bodily injuries.
PLAINTIFF’S ORIGINAL PETITION Page l
negligent.activity.wpd
Defendant owned, operated, controlled and/or managed the premises where the fall occurred
on the date in question. Furthermore, Defendant, by and through its agents and employees,
created and/or maintained the dangerous condition that caused Plaintiff s bodily injuries. As a
proximate result of Defendant’s negligent conduct, Plaintiff sustained injuries resulting in
incapacities and damages to the Plaintiff as hereinafter set out.
IV.
In the alternative, and addition, to the water on the floor was a dangerous substance.
Defendant filed to warn and had or should of had notice of the condition since they were there
stocking. These acts constitute premise liability and were a proximate cause of the injuries
to Plaintiff.
III.
As a proximate result of Defendant’s negligence, Plaintiff has sustained damages in excess
of the minimal jurisdictional limits of this court, as follows:
l. Physical pain and suffering in the past, which in all reasonable probability will
continue in the future.
2. Physical impairment, incapacity and disability in the past, which in all reasonable
probability will continue in the future.
3. Reasonable and necessary medical expenses in the past, which in all
reasonable probability Plaintiff will continue to incur in the future.
4. Impairment in the past, that will continue in the future.
PLAINTIFF’S ORIGINAL PETITION Page 2
negligent.activity.wpd
WHEREFORE, Plaintiff prays that the Defendant be duly cited to appear and answer herein;
that upon a final trial of this cause, Plaintiff recover:
l. Judgment against Defendant for Plaintiffs damages as set forth above, in an amount
in excess of the minimum jurisdictional limits of this Court;
2. Interest on said judgment at the legal rate from date of judgment;
3. Prejudgment interest as allowed by law;
4. Costs of court; and
5. Such other and further relief to which Plaintiff may be entitled.
Respectfully submitted:
Law Office of Scott Richard
8828 N. Stemmons Fwy Suite 505
Dallas, TX. 75249
214-631-3600(te1)
214-631-3300(fax)
scottlawyer@msn.com
/s/SHR
State Bar No. 16842950
ATTORNEY FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION Page 3
negligent.activity.wpd
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Scott Richard on behalf of Scott Richard
Bar No. 16842950
scottlawyer@msn.com
Envelope ID: 55563696
Status as of 7/22/2021 10:56 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Crystal Flores cfrichardlaw@gmail.com 7/21/2021 1:14:39 PM SENT
Scott Richard scottlawyer@msn.com 7/21/2021 1:14:39 PM SENT
Document Filed Date
July 21, 2021
Case Filing Date
July 21, 2021
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FILED 7/21/2021 1:14 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Christi Undewvood DEPUTY DC-21-09455 CAUSE NO. JUAN ITA MYERS § IN THE DISTRICT COURT 95th g vs. § DALLAS COUNTY, TEXAS § § WALMART INC. § JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW IUANITA MYERS, hereinafter referred to as Plaintiff, complaining of WALMART 1NC., hereinafter referred to as Defendant, and would show the Court as follows: Plaintiff is a citizen of Texas residing in Dallas County, Texas. Defendant WALMART INC. is a company doing business in the State of Texas and can be served with Citation by serving its registered agent, CT Corporation System at 1999 Bryan St., Ste. 900, Dallas, TX, 75201. Discovery is to be conducted under Level 3 of Rule 190.2. Plaintiff is demanding damages of at least $250,000 but less than $1,000,000. II. On or about November 10, 2019, while Plaintiff was on Defendant’s premises located at 7401Samuel Blvd Dallas, Texas, Plaintiff slipped and fell on water that was dirty, streaky and on the floor. An employee of defendant stated he thought that was already cleaned up. The resulting negligence caused Plaintiff to sustain bodily injuries. PLAINTIFF’S ORIGINAL PETITION Page l negligent.activity.wpd Defendant owned, operated, controlled and/or managed the premises where the fall occurred on the date in question. Furthermore, Defendant, by and through its agents and employees, created and/or maintained the dangerous condition that caused Plaintiff s bodily injuries. As a proximate result of Defendant’s negligent conduct, Plaintiff sustained injuries resulting in incapacities and damages to the Plaintiff as hereinafter set out. IV. In the alternative, and addition, to the water on the floor was a dangerous substance. Defendant filed to warn and had or should of had notice of the condition since they were there stocking. These acts constitute premise liability and were a proximate cause of the injuries to Plaintiff. III. As a proximate result of Defendant’s negligence, Plaintiff has sustained damages in excess of the minimal jurisdictional limits of this court, as follows: l. Physical pain and suffering in the past, which in all reasonable probability will continue in the future. 2. Physical impairment, incapacity and disability in the past, which in all reasonable probability will continue in the future. 3. Reasonable and necessary medical expenses in the past, which in all reasonable probability Plaintiff will continue to incur in the future. 4. Impairment in the past, that will continue in the future. PLAINTIFF’S ORIGINAL PETITION Page 2 negligent.activity.wpd WHEREFORE, Plaintiff prays that the Defendant be duly cited to appear and answer herein; that upon a final trial of this cause, Plaintiff recover: l. Judgment against Defendant for Plaintiffs damages as set forth above, in an amount in excess of the minimum jurisdictional limits of this Court; 2. Interest on said judgment at the legal rate from date of judgment; 3. Prejudgment interest as allowed by law; 4. Costs of court; and 5. Such other and further relief to which Plaintiff may be entitled. Respectfully submitted: Law Office of Scott Richard 8828 N. Stemmons Fwy Suite 505 Dallas, TX. 75249 214-631-3600(te1) 214-631-3300(fax) scottlawyer@msn.com /s/SHR State Bar No. 16842950 ATTORNEY FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION Page 3 negligent.activity.wpd Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Scott Richard on behalf of Scott Richard Bar No. 16842950 scottlawyer@msn.com Envelope ID: 55563696 Status as of 7/22/2021 10:56 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Crystal Flores cfrichardlaw@gmail.com 7/21/2021 1:14:39 PM SENT Scott Richard scottlawyer@msn.com 7/21/2021 1:14:39 PM SENT