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  • LAURA LOPEZ  vs.  WALKER INDUSTRIAL, LLC, et alOTHER PERSONAL INJURY document preview
  • LAURA LOPEZ  vs.  WALKER INDUSTRIAL, LLC, et alOTHER PERSONAL INJURY document preview
  • LAURA LOPEZ  vs.  WALKER INDUSTRIAL, LLC, et alOTHER PERSONAL INJURY document preview
  • LAURA LOPEZ  vs.  WALKER INDUSTRIAL, LLC, et alOTHER PERSONAL INJURY document preview
  • LAURA LOPEZ  vs.  WALKER INDUSTRIAL, LLC, et alOTHER PERSONAL INJURY document preview
  • LAURA LOPEZ  vs.  WALKER INDUSTRIAL, LLC, et alOTHER PERSONAL INJURY document preview
  • LAURA LOPEZ  vs.  WALKER INDUSTRIAL, LLC, et alOTHER PERSONAL INJURY document preview
  • LAURA LOPEZ  vs.  WALKER INDUSTRIAL, LLC, et alOTHER PERSONAL INJURY document preview
						
                                

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FILED 10/28/2021 4:30 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lafonda Sims DEPUTY No. DC-19—16959 LAURA LOPEZ, INDIVIDUALLY, IN THE DISTRICT COURT ON BEHALF OF HERNAN MURILLO, DECEASED, AND AS NEXT FRIEND OF ALFONSO MURILLO, MARCOS MURILLO, ABIGAIL MURILLO, AND KAREN MURILLO, Plaintiff, V. WALKER INDUSTRIAL, LLC, FREQ—LAY, INC, WALKER ENGINEERING, INC., THE HASKELL COMPANY, SUNSTATE EQUIPMENT (30., LLC, DALLAS COUNTY, TEXAS JOHNSON EQUIPMENT COMPANY, SAMMY DEER, SIMPLER LEADERSHIP SOLUTIONS, INO, ATLANTIC H&S CONSULTING GROUP LLC, and R.A.S. SERVICES, INC, Defendants, V. THE HASKELL COMPANY, SIMPLER LEADERSHIP SOLUTIONS, INC, ATLANTIC H&S CONSULTING GROUP LLC, and R.A.S. SERVICES, INC, Third-Party Defendants. 44TH JUDICIAL DISTRICT consolidated with -1- PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. JOSE JAVIER and IN THE DISTRICT COURT JENNIFER ORDONEZ, Plaintiffs, V. FREQ—LAY, INC, DALLAS COUNTY, TEXAS THE HASKELL COMPANY, SIMPLER LEADERSHIP SOLUTIONS, INO, JOHNSON EQUIPMENT COMPANY, and SUNSTATE EQUIPMENT CO., LLC, Defendants. 44TH JUDICIAL DISTRICT PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY. INC. TO: Defendant FRITO—LAY, INC., by and through its attorneys of record, Fernando P. Arias, Esq. and Mark D. Hardy, Jr., Esq., FLETCHER, FARLEY, SHIPMAN & SALINAS, L.L.P., 9201 North Central Expressway, Suite 600, Dallas, Texas 75231. LAURA LOPEZ, INDIVIDUALLY, ON BEHALF OF HERNAN MURILLO, DECEASED, and AS NEXT FRIEND FOR ALFONSO MURILLO, MARCOS MURILLO, ABIGAIL MURILLO, and KAREN MURILLO (“Plaintiff Lopez” or “Mrs. Lopez”),]OSE]AVIER (“PlaintiffJavier” or “Mr. Javier”), and JENNIFER ORDONEZ (“Plaintiff Ordonez” or “Mrs. Ordonez”) (collectively referred to herein as “Plaintiffs”) serve this request for entry upon and inspection of the property of Defendant FRITO-LAY, INC. (“Defendant Frito—Lay,” “Frito-Lay,” or “Defendant”) located at 701 North Wildwood Drive in Irving, Dallas County, Texas (the “Frito—Lay Facility”), under the authority of TEXAS RULE OF CIVIL PROCEDURE 196.7. -2- PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. I. INTRODUCTION 1.01 This is a construction site fatality and serious personal injury case, brought as a result of a tragic and wholly unnecessary disaster. Plaintiffs sued Defendant, and others, for wrongful death (as to Plaintiff Lopez) and personal injuries (as to Plaintiff Javier and Plaintiff Ordonez) sustained as a result of an incident occurring on October 4, 2019 at the Frito—Lay Facility. On or about October 4, 2019, Mr. HERNAN MURILLO (“Mn Murillo”) and Mr. Javier fell approximately thirty (30) feet when the scissor lift they were using was knocked over by a boom lift being improperly operated by Sammy Deer, another worker on the job site. Mr. Murillo subsequently died from the injuries sustained in that fall. Mr.]avier sustained severe and life-altering personal injuries. 1.02 Frito—Lay had at least two separate constructions projects underway at the time of the incident. Frito—Lay had a contract with The Haskell Company to perform certain work in connection with a major Frito—Lay plant expansion. Frito—Lay also acted as its own contractor in connection with a high-focus shutdown that was in progress at the exact location of the incident. 1.03 By trade, Mr. Murillo and Mr. Javier were licensed electricians. The morning of the incident, Mr. Murillo and Mr.]avier had been working on electrical projects at the Frito—Lay Facility. In the late morning or around the lunch break, prior to the incident, Mr. Murillo and Mr. Javier were assigned to a crew to help with an overhead conduit project, in which the -3- PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. workers were to pull electrical Wires through a two-inch conduit from one breaker panel to another in the Frito—Lay Facility. This particular project was conducted at or near the electric panels labeled as breaker panels 1:9, 1:9B, 1:9BL, and T1:9B in some of the construction drawings. In very general terms, the conduit connected both breaker panels Via a conduit that extended vertically from the breaker panels to the ceiling. The conduit was then affixed horizontally to the ceiling joists and connected both vertical risers. The conduit provided a continuous “pipe” between the two breaker panels. The ultimate goal of that work was to install the correct sized wires inside the conduit from one breaker panel to the other. The work being done by Messrs. Murillo andJavier was necessitated because other electricians had not been able to pull the wires through the particular conduit. 1.04 Plaintiffs hereby request entry upon and inspection of the Frito—Lay Facility in all areas: a. surrounding breaker panels 1:9, 1:9B, 1:9BL, and T1z9B; b. inside breaker panels 1:9, 1:9B, 1:9BL, and T1:9B to the extent necessary to identify the correct electrical circuit and measure the size of the conduit in question; c. surrounding the vertical risers extending out of breaker panels 1:9, 1:9B, 1:9BL, and T1:9B; d. under the route of the conduit in the ceiling joists, including the areas where the conduit is attached to the ceiling joints; and e. the entire installation route(s), including, without limitation, the areas between aisles] and K as identified in the August 6, 2019 Work Implementation Plan - Power Raceway Installation for New Lobby and the October 25, 2019 Work - Implementation Plan Raceway Wire Pull Installation/Tie-in for New Lobby Power & Repair Damaged Ductwork _ 4_ PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. by Plaintiffs’ counsel and consulting expert Witnesses. II. REQUEST 2.01 Plaintiffs seek entry upon Defendant Frito—Lay’s property to inspect the Frito—Lay Facility, in the area of the incident and including the conduit junction at the 1:9, 1:9B, 1:9BL, and T1:9B panel board area of the premises, as noted specifically above. Plaintiffs seek to take pictures and measurements of the Frito-Lay Facility (in the area of the incident, including the conduit junction at the 1:9, 1:9B, 1:9BL, and T1:9B panels), take measurements of the Frito—Lay Facility (in that same area), and make measurements. This inspection will be limited to a non- destructive inspection. 2.02 Plaintiffs’ request for an inspection of the Frito-Lay Facility, in the area of the incident and including the conduit junction at the 1:9, 1:9B, 1:9BL, and T1:9B panel boards as more specifically set out above, is within the scope of discovery permitted by TEXAS RULE OF CIVIL PROCEDURE 196. 2.03 Discovery in this cause is governed by Level 3 of Rule 190 of the TEXAS RULES OF CIVIL PROCEDURE. This request is served more than thirty (30) days prior to the end of the discovery period. 2.04 The request for entry upon the property of a party must include the time, place, manner, conditions, and scope of the inspection; describe the desired means, manner, and procedure for testing or sampling, if any; and describe the person or persons by Whom the inspection, testing, or sampling is to be made. TEX. R. CIV. P. 196.7(b). To the extent this _ 5 _ PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. request omits any such requirement, Plaintiffs are amenable to further confer with counsel for Frito—Lay regarding same. 2.05 Plaintiffs suggest that the inspection take place on November 1, 2021 at 10:00 a.m. C.D.T., or at any other date and time agreeable to the parties. 2.06 Plaintiffs request permission to inspect, measure, survey, 3D scan, and photograph the relevant area of the premises at the Frito—Lay Facility in which Mr. Murillo and Mr. Javier sustained severe and fatal personal injuries, including, without limitation, the breaker panels listed above and the conduit connecting both and all related areas, as more particularly described above. 2.07 The scope of the inspection, measurement, surveying, 3D scanning, and photographing will be limited to the area on the premises of the Frito—Lay Facility in which Mr. Murillo and Mr.]avier sustained severe and fatal personal injuries, including, without limitation, the breaker panels listed above and the conduit connecting both and all related areas, as more particularly described above. 2.08 Plaintiffs request that consulting experts are permitted to attend and conduct the inspection. Plaintiffs will have no more than three (3) consulting experts attend the inspection and conduct and/ or obtain measurements, photographs, surveying, testing, 3D scanning, and sampling. 2.09 Plaintiffs request permission to allow M. Kevin Queenan, Esq. and/ or any other attorney employed by QUEENAN LAW FIRM, P.C. and Charles E. Soechting,]r., Esq. and / or any other attorney employed by SIMON GREENSTONE PANATIER, P.C. to attend and accompany _ 6 _ PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. Plaintiffs’ consulting experts. All consulting experts and counsel agree to follow the reasonable and required safety rules provided by Defendant Frito—Lay during the inspection. III. WHEREFORE, Plaintiffs LAURA LOPEZ, INDIVIDUALLY, ON BEHALF OF HERNAN MURILLO, DECEASED, and As NEXT FRIEND FOR ALFONSO MURILLO, MARCOS MURILLO, ABIGAIL MURILLO, and KAREN MURILLO, JOSE JAVIER, and JENNIFER ORDONEZ respectfully request entry upon and inspection of the property of Defendant Frito-Lay, and that Plaintiffs, their respective counsel, and their consulting expert witnesses, be allowed to enter and inspect the property and equipment requested. -7- PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. Respectfully submitted, s M. Kevin ueenan M. Kevin Queenan, SB#16427150 — service@queenanlaw.com Carlos Lopez, SB#24083414 carlosgQgueenanlawrom QUEENAN LAW FIRM, P.C. 731 Station Drive Arlington, Texas 76015 (817) 635-3333 (817) 635-4444 (FAX) ATTORNEYS FOR PLAINTIFF LAURA LOPEZ, INDIVIDUALLY, ON BEHALF OF HERNAN MURILLO, DECEASED, AND AS NEXT FRIEND OF ALFONSO MURILLO, MARCOS MURILLO, ABIGAIL MURILLO, AND KAREN MURILLO By: [sf IXman N. Strawder (wZpermission) Charles E. Soechting,]r., SB#24044333 — csoechdng@sgptrial.com Orlando Vera, Jr, SB#24100018 — overa s trial.com Iyrnan N. Strawder, SB#24103953 istrawdeersgptriaROHI SIMON GREENSTONE PANATIER, PC 1201 Elm Street, Suite 3400 Dallas, Texas 75270 (214) 276-7680 (214) 276—7699 (FAX) ATTORNEYS FOR PLAINTIFFS JOSE JAVIER AND JENNIFER ORDONEz -8- PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. CERTIFICATE OF CONFERENCE This is to certify that on October 28, 2021 M. Kevin Queenan, counsel for Plaintiff Lopez, conferred With counsel for Defendant Frito-Lay on the issues raised in this motion. No agreement could be reached. Having been unable to resolve the issues presented in this motion, Plaintiff requests that this motion be submitted to the Court for resolution. s M. Kevin ueenan M. Kevin Queenan -9- PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing document has been served on the following parties Via e-service (Filetirne), on this the 28th day of October, 2021: Fernando P. Arias, Esq. Jonathan A. Manning, Esq. Mark D. Hardy, Jr, Esq. LAW OFFICE OF GALLERSON 8C YATES FLETCHER, FARLEY, SHIPMAN 8070 Park Lane, Suite 200 & SALINAS, L.L.P. Dallas, Texas 75231 9201 N. Central Expressway, Suite 600 Dallas, Texas 75231 R. Wayne Gordon, Esq. Marc Tolliver, Esq. Travis M. Brown, Esq. Connor J. Moore, Esq. Amy Rauch, Esq. TOUCHSTONE, BERNAYS,JOHNSTON, Lauren Aldredge, Esq. BEALL, SMITH & STOLLENWERCK, L.L.P. COKINos YOUNG| 1717 Main Street, Suite 3400 105 Decker Court, Suite 800 Dallas, Texas 75201 Irving, Texas 75062 Charles E. Soechting,Jr., Esq. Robert A. Bragalone, Esq. Orlando Vera, Esq. Sofia]. Garcia, Esq. Iyman Strawder, Esq. Dale Wade Emmert, Esq. SIMON GREENSTONE PANATIER, P.C. GORDON 8C REES 1201 Elm Street, Suite 3400 2200 Ross Avenue, Suite 3700 Dallas, Texas 75270 Dallas, Texas 75201 George N. Wilson, III, Esq. Gary S. Kessler, Esq. Gina T. Mills, Esq. Stephen J. Huschka, Esq. THOMPSON, COE, COUSINS 8c IRONS, L.L.P. Sam Kessler, Esq. Plaza of the Americas KESSLER COLLINS P.C. 700 N. Pearl Street, 25th Floor 2100 Ross Avenue, Suite 750 Dallas, Texas 75201 Dallas, Texas 75201 sM. Kevin ueenan M. Kevin Queenan J:\1132\1\PLEADINGS\REQUEST FOR ENTRY OF PROPERTY A FRITOALAprd -10- PLAINTIFFS’ REQUEST FOR ENTRY UPON AND INSPECTION OF PROPERTY OF DEFENDANT FRITO-LAY, INC. 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. Katie Mast on behalf of M. Queenan Bar No. 16427150 katie@queenanlaw.com Envelope ID: 58645295 Status as of 11/1/2021 5:06 PM CST Associated Case Party: SIMPLER LEADERSHIP SOLUTIONS, INC Name BarNumber Email TimestampSubmitted Status R. Wayne Gordon wayne.gordon@tbjbs.com 10/28/2021 4:30:48 PM SENT Marc Tolliver marc.to||iver@tbjbs.com 10/28/2021 4:30:48 PM SENT Saundra Samson saundra.samson@tbjbs.com 10/28/2021 4:30:48 PM SENT Nina Ashurov nina.ashurov@tbjbs.com 10/28/2021 4:30:48 PM SENT Connor J.Moore connor.moore@tbjbs.oom 10/28/2021 4:30:48 PM SENT Associated Case Party: LAURA LOPEZ Name BarNumber Email TimestampSubmitted Status M. KevinQueenan service@queenanlaw.com 10/28/2021 4:30:48 PM SENT Carlos Lopez carlos@queenanlaw.com 10/28/2021 4:30:48 PM SENT Katie Mast katie@queenanlaw.com 10/28/2021 4:30:48 PM SENT Alexandra Cassar alexandra@queenanlaw.com 10/28/2021 4:30:48 PM SENT Associated Case Party: JOHNSON EQUIPMENT COMPANY Name BarNumber Email TimestampSubmitted Status Jonathan Manning Jonathan.Manning@LibertyMutual.com 10/28/2021 4:30:48 PM SENT Irving LegalMail irvinglegalmail@libertymutual.com 10/28/2021 4:30:48 PM SENT Associated Case Party: R.A.S. SERVICES, INC. Name George (Trey) NWilson Kyla Clark 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. Katie Mast on behalf of M. Queenan Bar No. 16427150 katie@queenanlaw.com Envelope ID: 58645295 Status as of 11/1/2021 5:06 PM CST Associated Case Party: R.A.S. SERVICES, INC. Judy Pesek-Bohren jpesek-bohren@thompsoncoe.com 10/28/2021 4:30:48 PM SENT Gina Mills gmills@thompsoncoe.com 10/28/2021 4:30:48 PM SENT Dymris Williams dwilliams@thompsoncoe.com 10/28/2021 4:30:48 PM ERROR Case Contacts Name BarNumber Email TimestampSubmitted Status Charles Soechting 24044333 csoechting@sgptrial.com 10/28/2021 4:30:48 PM SENT Fernando P.Arias fred.arias@fletcherfarley.com 10/28/2021 4:30:48 PM SENT Mark D.Hardy, Jr. dj.hardy@f|etcherfarley.com 10/28/2021 4:30:48 PM SENT Deborah Stick deborah.stick@fletcherfarley.com 10/28/2021 4:30:48 PM SENT Abby Golman abby.golman@fletcherfarley.com 10/28/2021 4:30:48 PM SENT Ashley Chambers ashley.chambers@fletcherfarley.com 10/28/2021 4:30:48 PM SENT Wade Emmert wemmert@grsm.com 10/28/2021 4:30:48 PM SENT Samuel Kessler skessler@kesslercollins.com 10/28/2021 4:30:48 PM SENT lyman Strawder istrawder@sgptria|.com 10/28/2021 4:30:48 PM SENT Orlando Vera overa@sgptria|.com 10/28/2021 4:30:48 PM SENT J.J. Patino jpatino@sgptrial.com 10/28/2021 4:30:48 PM SENT Teresa Valcoviak teresa.vaIcoviak@fletcherfarley.com 10/28/2021 4:30:48 PM SENT Associated Case Party: WALKER INDUSTRIAL, LLC Name BarNumber Email TimestampSubmitted Status Robert A. Bragalone 2855850 bbragalone@grsm.com 10/28/2021 4:30:48 PM SENT Sona Julianna Garcia 24045917 sjgarcia@grsm.com 10/28/2021 4:30:48 PM SENT Associated Case Party: THE HASKELL COMPANY 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. Katie Mast on behalf of M. Queenan Bar No. 16427150 katie@queenanlaw.com Envelope ID: 58645295 Status as of 11/1/2021 5:06 PM CST Associated Case Party: THE HASKELL COMPANY Name BarNumber Email TimestampSubmitted Status Lauren S.A|dredge Ialdredge@cokinoslaw.com 10/28/2021 4:30:48 PM SENT Travis MBrown tbrown@cokinoslaw.com 10/28/2021 4:30:48 PM SENT Kathleen Knuth kknuth@cokinoslaw.com 10/28/2021 4:30:48 PM SENT Caroline Randolph crandolph@cokinoslaw.com 10/28/2021 4:30:48 PM SENT Associated Case Party: ATLANTIC H&S CONSULTING GROUP LLC Name BarNumber Email TimestampSubmitted Status Angie Stevenson astevenson@kesslercollins.com 10/28/2021 4:30:48 PM SENT Samuel Kessler skessler@kesslercollins.com 10/28/2021 4:30:48 PM SENT Gary S.Kessler gsk@kesslercol|ins.com 10/28/2021 4:30:48 PM SENT Stephen JHuschka shuschka@kesslercollins.com 10/28/2021 4:30:48 PM SENT