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FILED
1 ClT/ESERVE 4/19/2024 10:09 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Belinda Hernandez DEPUTY
THOMAS OOMMEN, § IN THE DISTRICT COURT
§
PLAINTIFF, §
§
VS. § 191i JUDICIAL DISTRICT
§
DFW JOSEPH INVESTMENTS LLC §
D/B/A ATRIUM HOTELS AND SUITS §
§ DALLAS COUNTY, TEXAS
DEFENDANT. §
PLAINTIFF’S ORIGINAL PETITION
COMES NOW, THOMAS OOMMEN, and files this Plaintiff’s Original Petition against
Defendant DFW JOSEPH INVESTMENTS LLC D/B/A ATRIUM HOTELS AND SUITES and
would show as follows:
A. DISCOVERY CONTROL PLAN
1. Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4
and affirmatively pleads that this suit does not fall under the expedited actions process of Texas
Rule of Civil Procedure 169.
B. RELIEF
2. Plaintiff seeks monetary relief in excess of $1,000,000.00.
C. PARTIES
3. Plaintiff, Thomas Oommen, is an individual residing in Nassau County, New York. The
last three digits of Plaintiff s driver’s license are 894. The last three digits of Plaintiff‘s social
security number are XXX. Plaintiff may be reached only though the undersigned counsel.
4. Defendant, DFW Joseph Investments LLC D/B/A Atrium Hotels and Suites, is a Texas
limited liability corporation whose principal office is located in Dallas County at 6925 Valley
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View Ln, Dallas, TX 75240. Defendant may be served with process by serving its registered agent
for service of process, Joshua Joseph, 10045 Blue Water Terrace, Irving, TX 75063.
D. JURISDICTION AND VENUE
5. The Court has personal jurisdiction over Defendant, because Defendant is a Texas resident
and conducts regular business in Texas. The Court has subject-matter jurisdiction over this case
because Plaintiff seeks an amount in excess of the minimal jurisdictional limits of this Court.
Venue is proper in Dallas County because all or a substantial part of the acts or omissions giving
rise to this claim occurred in this county. See Tex. Civ. Prac. & Rem. Code § 15.002(a)(1).
E. FACTS
6. On or about September l8, 2023, Plaintiff arrived at the Atrium Hotel and Suites Where he
planned to stay for work.
7. After his arrival, Plaintiff took a nap, during which both of his roommates left the hotel.
Prior to leaving, one roommate took a shower and reported to the front desk that the shower was
clogged and not draining properly. Plaintiff, however, was unaware of this fact due to his nap.
8. Later, Plaintiff awoke and went to take a shower. Unbeknownst to Plaintiff, the
bathtub/shower combo had little to no texturing on the surface of the tub, and became extremely
slick when wet. Further, the tub/ shower had no grab bars or other fixture that Plaintiff could hold
on to in the event of a fall. At no point was Plaintiff warned of this condition prior to entering the
shower. The slippery shower/tub posed an unreasonable risk of harm to those such as Plaintiff, but
the danger of said condition was not immediately apparent to Plaintiff or those similarly situated.
9. After his shower, Plaintiff attempted to grab a towel that was provided on a towel rack
hanging over the toilet outside of the tub. But, due to the slickness of the tub and lack of safety
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fixtures, Plaintiff fell causing him to strike his head and neck on the tub and toilet. The fall caused
Plaintiff to suffer numerous injuries, including fractured vertebrate.
10. After the fall, Plaintiff was in extreme pain and unable to walk. He crawled to the counter
where he was able to reach his phone and call for help. He was subsequently transferred to the
hospital by EMS, Where he underwent emergency spinal fusion surgery and was admitted to the
ICU.
F. COUNT 1 — NEGLIGENCE
11. Plaintiff would show the Court that at the time and place of the incident in question,
Defendant was guilty of negligence. Negligence is plead cumulatively and alternatively as ordinary
negligence, premises liability negligence, and negligent undertaking.
12. The negligent acts and omissions of the Defendant complained of herein were each and all
a proximate cause of the incident made the basis of this lawsuit and of the injuries and damages
suffered by Plaintiff.
13. Specifically, Defendant was negligent in failing to warn about the excessively slippery tub,
and failing to make safe the tub/shower combo, despite actual knowledge of the unsafe condition.
Further, Defendant failed to provide reasonable safety fixtures that could have prevented the
injuries at issue.
G. COUNT 2 — GROSS NEGLIGENCE
14. The acts complained of herein constitute gross negligence. When Viewed objectively from
the standpoint of Defendant at the time of the occurrence, Defendant’s actions and omissions
involved an extreme degree of risk considering the probability and magnitude of potential harm to
others such as Plaintiff. Further, Defendant had actual, subjective awareness of the risk involved
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but neveltheless proceeded with conscience indifference to the rights, safety, or welfare of others,
including Plaintiff.
H. COUNT 3—AGENCY; RESPONDEAT SUPERIOR
15. At all times relevant to this case, Defendant was acting through its employees, agents,
apparent agents, servants, and/or principals. These employees, agents, apparent agents, servants,
and/or principals were acting within the course and scope of their authority on behalf of the
Defendant at the time of the incidents made the basis of this lawsuit. Accordingly, the Defendant
is vicariously liable for the negligent conduct of its employees, agents, apparent agents, servants
and/or principals at the time of this incident under the legal doctrine of respondeat superior.
I. DAMAGES
14. Plaintiff states that the damages incurred are in excess of the minimum jurisdictional limits
of this Court and Plaintiff pleads for pre and post judgment interest at the maximum legal allowable
rate.
15. As a result of the Defendant’s actions and the subject incident, Plaintiff has suffered
damages as follows:
A. Past Medical Egpenses: Plaintiff has incurred bodily injuries which were caused
by the incident in question. Plaintiff has incurred medical expenses in the past as a
result of these injuries.
B. Future Medical Exnenses: Plaintiff will continue to incur medical expenses in
of bodily injuries which were caused by the incident in
the future as a result
question.
C. Past Physical Pain: Plaintiff has endured severe and constant physical pain in the
past as a result of this incident.
D. Future Physical Pain: Plaintiff will continue to endure severe and constant
physical pain in the future.
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Past Mental Anguish: Plaintiff has endured mental anguish in the past as a result
of bodily injuries which were caused by the incident in question.
Future Mental Anguish: Plaintiff will endure future mental anguish as a result of
bodily injuries which were caused by the incident in question.
Past Impairment: Plaintiff has endured physical impairment in the past as a result
of bodily injuries which were caused by the incident in question.
Future Imgairment: Plaintiff will continue to suffer physical impairment in the
future as a result of bodily injuries which were caused by the incident in question.
Disfigurement: Plaintiff has been disfigured as a result of his injury.
J. JURY DEMAND
l8. Plaintiffs demand a jury trial and tender the appropriate fee with this Petition.
L. PRAYER
l9. For these reasons, Plaintiffs ask that the Court issue citation for Defendants to appear and
answer, and that Plaintiffs be awarded a judgment against Defendants, jointly and severally, for
the following:
A. Actual damages;
B . Exemplary damages;
C. Prejudgment interest as provided by law;
D . Post judgment interest as provided by law;
E. All costs of suit; and
Such other and further relief; at law or in equity, to which the Plaintiffs may show
themselves justly entitled, at law or in equity.
Respectfully Submitted,
TED B. LYON & ASSOCIATES P.C.
By: /s/ Ted B. Lyon
TED B. LYON
State Bar No. 12741500
tblyon@ted1yon.com
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AIDAN MOFFATT
State Bar No. #24136001
amoffatt@ted1yon.com
Town East Tower, Suite 525
18601 LBJ Freeway
Mesquite, Texas 75150
Phone: (972) 279-6571
Fax: (972) 279-3021
ATTORNEYS FOR PLAINTIFF
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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.
Jimmy Brashear on behalf of Aidan Moffatt
Bar No. 24136001
jimmy@tedlyon.com
Envelope ID: 86847204
Filing Code Description: Original Petition
Filing Description:
Status as of 4/24/2024 8:27 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Melanie Barragan melanie@tedlyon.com 4/19/2024 10:09:51 AM SENT
Aidan Moffatt amoffatt@tedlyon.com 4/19/2024 10:09:51 AM SENT
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FILED 1 ClT/ESERVE 4/19/2024 10:09 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Belinda Hernandez DEPUTY THOMAS OOMMEN, § IN THE DISTRICT COURT § PLAINTIFF, § § VS. § 191i JUDICIAL DISTRICT § DFW JOSEPH INVESTMENTS LLC § D/B/A ATRIUM HOTELS AND SUITS § § DALLAS COUNTY, TEXAS DEFENDANT. § PLAINTIFF’S ORIGINAL PETITION COMES NOW, THOMAS OOMMEN, and files this Plaintiff’s Original Petition against Defendant DFW JOSEPH INVESTMENTS LLC D/B/A ATRIUM HOTELS AND SUITES and would show as follows: A. DISCOVERY CONTROL PLAN 1. Plaintiff intends to conduct discovery under Level 3 of Texas Rule of Civil Procedure 190.4 and affirmatively pleads that this suit does not fall under the expedited actions process of Texas Rule of Civil Procedure 169. B. RELIEF 2. Plaintiff seeks monetary relief in excess of $1,000,000.00. C. PARTIES 3. Plaintiff, Thomas Oommen, is an individual residing in Nassau County, New York. The last three digits of Plaintiff s driver’s license are 894. The last three digits of Plaintiff‘s social security number are XXX. Plaintiff may be reached only though the undersigned counsel. 4. Defendant, DFW Joseph Investments LLC D/B/A Atrium Hotels and Suites, is a Texas limited liability corporation whose principal office is located in Dallas County at 6925 Valley Page 1 of 6 View Ln, Dallas, TX 75240. Defendant may be served with process by serving its registered agent for service of process, Joshua Joseph, 10045 Blue Water Terrace, Irving, TX 75063. D. JURISDICTION AND VENUE 5. The Court has personal jurisdiction over Defendant, because Defendant is a Texas resident and conducts regular business in Texas. The Court has subject-matter jurisdiction over this case because Plaintiff seeks an amount in excess of the minimal jurisdictional limits of this Court. Venue is proper in Dallas County because all or a substantial part of the acts or omissions giving rise to this claim occurred in this county. See Tex. Civ. Prac. & Rem. Code § 15.002(a)(1). E. FACTS 6. On or about September l8, 2023, Plaintiff arrived at the Atrium Hotel and Suites Where he planned to stay for work. 7. After his arrival, Plaintiff took a nap, during which both of his roommates left the hotel. Prior to leaving, one roommate took a shower and reported to the front desk that the shower was clogged and not draining properly. Plaintiff, however, was unaware of this fact due to his nap. 8. Later, Plaintiff awoke and went to take a shower. Unbeknownst to Plaintiff, the bathtub/shower combo had little to no texturing on the surface of the tub, and became extremely slick when wet. Further, the tub/ shower had no grab bars or other fixture that Plaintiff could hold on to in the event of a fall. At no point was Plaintiff warned of this condition prior to entering the shower. The slippery shower/tub posed an unreasonable risk of harm to those such as Plaintiff, but the danger of said condition was not immediately apparent to Plaintiff or those similarly situated. 9. After his shower, Plaintiff attempted to grab a towel that was provided on a towel rack hanging over the toilet outside of the tub. But, due to the slickness of the tub and lack of safety Page 2 of 6 fixtures, Plaintiff fell causing him to strike his head and neck on the tub and toilet. The fall caused Plaintiff to suffer numerous injuries, including fractured vertebrate. 10. After the fall, Plaintiff was in extreme pain and unable to walk. He crawled to the counter where he was able to reach his phone and call for help. He was subsequently transferred to the hospital by EMS, Where he underwent emergency spinal fusion surgery and was admitted to the ICU. F. COUNT 1 — NEGLIGENCE 11. Plaintiff would show the Court that at the time and place of the incident in question, Defendant was guilty of negligence. Negligence is plead cumulatively and alternatively as ordinary negligence, premises liability negligence, and negligent undertaking. 12. The negligent acts and omissions of the Defendant complained of herein were each and all a proximate cause of the incident made the basis of this lawsuit and of the injuries and damages suffered by Plaintiff. 13. Specifically, Defendant was negligent in failing to warn about the excessively slippery tub, and failing to make safe the tub/shower combo, despite actual knowledge of the unsafe condition. Further, Defendant failed to provide reasonable safety fixtures that could have prevented the injuries at issue. G. COUNT 2 — GROSS NEGLIGENCE 14. The acts complained of herein constitute gross negligence. When Viewed objectively from the standpoint of Defendant at the time of the occurrence, Defendant’s actions and omissions involved an extreme degree of risk considering the probability and magnitude of potential harm to others such as Plaintiff. Further, Defendant had actual, subjective awareness of the risk involved Page 3 of 6 but neveltheless proceeded with conscience indifference to the rights, safety, or welfare of others, including Plaintiff. H. COUNT 3—AGENCY; RESPONDEAT SUPERIOR 15. At all times relevant to this case, Defendant was acting through its employees, agents, apparent agents, servants, and/or principals. These employees, agents, apparent agents, servants, and/or principals were acting within the course and scope of their authority on behalf of the Defendant at the time of the incidents made the basis of this lawsuit. Accordingly, the Defendant is vicariously liable for the negligent conduct of its employees, agents, apparent agents, servants and/or principals at the time of this incident under the legal doctrine of respondeat superior. I. DAMAGES 14. Plaintiff states that the damages incurred are in excess of the minimum jurisdictional limits of this Court and Plaintiff pleads for pre and post judgment interest at the maximum legal allowable rate. 15. As a result of the Defendant’s actions and the subject incident, Plaintiff has suffered damages as follows: A. Past Medical Egpenses: Plaintiff has incurred bodily injuries which were caused by the incident in question. Plaintiff has incurred medical expenses in the past as a result of these injuries. B. Future Medical Exnenses: Plaintiff will continue to incur medical expenses in of bodily injuries which were caused by the incident in the future as a result question. C. Past Physical Pain: Plaintiff has endured severe and constant physical pain in the past as a result of this incident. D. Future Physical Pain: Plaintiff will continue to endure severe and constant physical pain in the future. Page 4 of 6 Past Mental Anguish: Plaintiff has endured mental anguish in the past as a result of bodily injuries which were caused by the incident in question. Future Mental Anguish: Plaintiff will endure future mental anguish as a result of bodily injuries which were caused by the incident in question. Past Impairment: Plaintiff has endured physical impairment in the past as a result of bodily injuries which were caused by the incident in question. Future Imgairment: Plaintiff will continue to suffer physical impairment in the future as a result of bodily injuries which were caused by the incident in question. Disfigurement: Plaintiff has been disfigured as a result of his injury. J. JURY DEMAND l8. Plaintiffs demand a jury trial and tender the appropriate fee with this Petition. L. PRAYER l9. For these reasons, Plaintiffs ask that the Court issue citation for Defendants to appear and answer, and that Plaintiffs be awarded a judgment against Defendants, jointly and severally, for the following: A. Actual damages; B . Exemplary damages; C. Prejudgment interest as provided by law; D . Post judgment interest as provided by law; E. All costs of suit; and Such other and further relief; at law or in equity, to which the Plaintiffs may show themselves justly entitled, at law or in equity. Respectfully Submitted, TED B. LYON & ASSOCIATES P.C. By: /s/ Ted B. Lyon TED B. LYON State Bar No. 12741500 tblyon@ted1yon.com Page 5 of 6 AIDAN MOFFATT State Bar No. #24136001 amoffatt@ted1yon.com Town East Tower, Suite 525 18601 LBJ Freeway Mesquite, Texas 75150 Phone: (972) 279-6571 Fax: (972) 279-3021 ATTORNEYS FOR PLAINTIFF Page 6 of 6 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. Jimmy Brashear on behalf of Aidan Moffatt Bar No. 24136001 jimmy@tedlyon.com Envelope ID: 86847204 Filing Code Description: Original Petition Filing Description: Status as of 4/24/2024 8:27 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Melanie Barragan melanie@tedlyon.com 4/19/2024 10:09:51 AM SENT Aidan Moffatt amoffatt@tedlyon.com 4/19/2024 10:09:51 AM SENT