Preview
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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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