On June 11, 2021 a
Complaint,Petition
was filed
involving a dispute between
Gonzalez, Ricardo,
and
General Buyer,
Thompson, Stanley (D B A General Buyer,
Thompson, Stanley,
for PERSONAL INJ (NON-AUTO)
in the District Court of Harris County.
Preview
6/11/2021 3:24 PM
Marilyn Burgess -District Clerk Harris County
Envelope No. 54347603
2021-35312 / Court: 333 By: Maria Rodriguez
Filed: 6/11/2021 3:24 PM
CAUSE NO.
Ricardo Gonzalez IN THE DISTRICT COURT OF
Plaintiff
Vv. HARRIS COUNTY, TEXAS
Stanley Thompson d/b/a General Buyer
Defendant JUDICIAL DISTRICT
Original Petition
Ricardo Gonzalez (hereinafter “Plaintiff’) complains of General Buyer and would
show the Court the following:
I
Nature of Action
1 Plaintiff suffered injury to his hand and low back as a result of an on the job
injury while employed by Defendant, which is a non-subscriber.
IL.
Jurisdiction and Venue
2 The claims asserted arise under the common law of Texas.
3 Venue is proper because Defendant is a resident of this county and all or a
substantial part of the events occurred Harris County, Texas.
4 Plaintiff's claims exceed $200,000.00 but are less than $1,000,000.00
i.
Discovery Level
5 Discovery in this matter may be conducted under Level 3 of the Texas Rules of
Civil Procedure.
Iv.
Parties
6 Plaintiff is a resident of Texas.
7 Defendant Stanley Thompson d/b/a General Buyer is a Texas company that may
be served through Stanley Thompson at 10629 Shady L. Houston, Texas 77093 or 8013
Dunlap Street, Houston, Texas 77081.
Vv.
Facts
8 On or about October 12, 2020, Plaintiff was employed by General Buyer.
Notably, Defendant is a non-subscriber to the Texas Workers’ Compensation scheme. Plaintiff
was working in flooded condition when he tripped over an air hose causing sever injuries to
his left arm.
VI
Causes of Action
A Negligence and Gross Negligence
9 Plaintiff repeats and realleges each allegation contained above.
10. Plaintiff sustained injuries because of Defendant’s negligence and gross
negligence when Defendant
e Failed to properly inspect the premises;
Failed to properly maintain the premises;
Failed to provide Plaintiff with adequate training;
Failed to maintain a safe workplace;
e Bypassing the safety mechanism;
e Other acts so deemed negligent and grossly negligent
ll As aresult of said occurrence, Plaintiff severe injuries to his body. His earning
capacity has been severely diminished if not eliminated altogether. Further, he has incurred
substantial medical and pharmaceutical costs
12. Plaintiff sustained severe injuries to his body, which resulted in physical pain,
mental anguish, and other medical problems. Plaintiff has sustained severe pain, physical
impairment, discomfort, mental anguish, and distress. In all reasonable probability, Plaintiff's
physical pain, physical impairment and mental anguish will continue indefinitely. Plaintiff has
also suffered a loss of earnings in the past, as well as a loss of future earning capacity. Plaintiff
has incurred and will incur pharmaceutical and medical expenses in connection with his
injuries.
13. Plaintiff is also entitled to punitive damages because the aforementioned actions
of Defendant were grossly negligent. Defendant acted with flagrant and malicious disregard
of Plaintiff’s health and safety. Defendant was subjectively aware of the extreme risk posed
by the conditions, which caused Plaintiff’s injury, but did nothing to rectify them. Instead,
Defendant had Plaintiff and others continue working despite the dangerous conditions that
were posed to them. Defendant did so knowing that the conditions posed dangerous and grave
safety concerns. Defendant’s acts and omissions involved an extreme degree of risk
considering the probability and magnitude of potential harm to Plaintiff and others. Defendant
had actual, subjective awareness of the risk, and consciously disregarded such risk by allowing
Plaintiff to work under such dangerous conditions.
VIL.
Jury Trial
14. Plaintiff hereby requests a trial by jury on all claims and submits his jury fee
herewith.
VII.
Praye
Plaintiffs pray for relief and judgment, as follows:
. Compensatory damages against Defendant;
Actual damages;
Past and future medical damages;
Past and future loss of earning capacity;
Past and future Physical Pain and suffering;
Past and future impairment;
Past and future disfigurement;
Exemplary damages;
Past and future mental anguish;
Interest on damages (pre- and post-judgment) in accordance with law;
Respectfully submitted,
PIERCE SKRABANEK PLLC
/s/ M. Paul Skrabanek
M. PAUL SKRABANEK
State Bar No. 24063005
3701 Kirby Drive, Suite 760
Houston, Texas 77098
Telephone: (832) 690-7000
Facsimile: (832) 616-5576
E-mail: paul@pstriallaw.com
service@pstriallaw.com
Document Filed Date
June 11, 2021
Case Filing Date
June 11, 2021
Category
PERSONAL INJ (NON-AUTO)
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6/11/2021 3:24 PM Marilyn Burgess -District Clerk Harris County Envelope No. 54347603 2021-35312 / Court: 333 By: Maria Rodriguez Filed: 6/11/2021 3:24 PM CAUSE NO. Ricardo Gonzalez IN THE DISTRICT COURT OF Plaintiff Vv. HARRIS COUNTY, TEXAS Stanley Thompson d/b/a General Buyer Defendant JUDICIAL DISTRICT Original Petition Ricardo Gonzalez (hereinafter “Plaintiff’) complains of General Buyer and would show the Court the following: I Nature of Action 1 Plaintiff suffered injury to his hand and low back as a result of an on the job injury while employed by Defendant, which is a non-subscriber. IL. Jurisdiction and Venue 2 The claims asserted arise under the common law of Texas. 3 Venue is proper because Defendant is a resident of this county and all or a substantial part of the events occurred Harris County, Texas. 4 Plaintiff's claims exceed $200,000.00 but are less than $1,000,000.00 i. Discovery Level 5 Discovery in this matter may be conducted under Level 3 of the Texas Rules of Civil Procedure. Iv. Parties 6 Plaintiff is a resident of Texas. 7 Defendant Stanley Thompson d/b/a General Buyer is a Texas company that may be served through Stanley Thompson at 10629 Shady L. Houston, Texas 77093 or 8013 Dunlap Street, Houston, Texas 77081. Vv. Facts 8 On or about October 12, 2020, Plaintiff was employed by General Buyer. Notably, Defendant is a non-subscriber to the Texas Workers’ Compensation scheme. Plaintiff was working in flooded condition when he tripped over an air hose causing sever injuries to his left arm. VI Causes of Action A Negligence and Gross Negligence 9 Plaintiff repeats and realleges each allegation contained above. 10. Plaintiff sustained injuries because of Defendant’s negligence and gross negligence when Defendant e Failed to properly inspect the premises; Failed to properly maintain the premises; Failed to provide Plaintiff with adequate training; Failed to maintain a safe workplace; e Bypassing the safety mechanism; e Other acts so deemed negligent and grossly negligent ll As aresult of said occurrence, Plaintiff severe injuries to his body. His earning capacity has been severely diminished if not eliminated altogether. Further, he has incurred substantial medical and pharmaceutical costs 12. Plaintiff sustained severe injuries to his body, which resulted in physical pain, mental anguish, and other medical problems. Plaintiff has sustained severe pain, physical impairment, discomfort, mental anguish, and distress. In all reasonable probability, Plaintiff's physical pain, physical impairment and mental anguish will continue indefinitely. Plaintiff has also suffered a loss of earnings in the past, as well as a loss of future earning capacity. Plaintiff has incurred and will incur pharmaceutical and medical expenses in connection with his injuries. 13. Plaintiff is also entitled to punitive damages because the aforementioned actions of Defendant were grossly negligent. Defendant acted with flagrant and malicious disregard of Plaintiff’s health and safety. Defendant was subjectively aware of the extreme risk posed by the conditions, which caused Plaintiff’s injury, but did nothing to rectify them. Instead, Defendant had Plaintiff and others continue working despite the dangerous conditions that were posed to them. Defendant did so knowing that the conditions posed dangerous and grave safety concerns. Defendant’s acts and omissions involved an extreme degree of risk considering the probability and magnitude of potential harm to Plaintiff and others. Defendant had actual, subjective awareness of the risk, and consciously disregarded such risk by allowing Plaintiff to work under such dangerous conditions. VIL. Jury Trial 14. Plaintiff hereby requests a trial by jury on all claims and submits his jury fee herewith. VII. Praye Plaintiffs pray for relief and judgment, as follows: . Compensatory damages against Defendant; Actual damages; Past and future medical damages; Past and future loss of earning capacity; Past and future Physical Pain and suffering; Past and future impairment; Past and future disfigurement; Exemplary damages; Past and future mental anguish; Interest on damages (pre- and post-judgment) in accordance with law; Respectfully submitted, PIERCE SKRABANEK PLLC /s/ M. Paul Skrabanek M. PAUL SKRABANEK State Bar No. 24063005 3701 Kirby Drive, Suite 760 Houston, Texas 77098 Telephone: (832) 690-7000 Facsimile: (832) 616-5576 E-mail: paul@pstriallaw.com service@pstriallaw.com