Preview
FILED
1 CIT/ ATTY DALLAS COUNTY
1/31/2020 1:45PM
FELICIA PITRE
DISTRICT CLERK
Nikiya Harris
CAUSE No_DC-20-01 804
MARY AMBROSE § IN THE DISTRICT COURT
Plaintiff, §
§
V § ijUDICIAL
116TH _JUDICIAL DISTRICT
§
BRAUM’S, INC., INC, §
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION, DEMAND FOR JURY TRIAL, RULE 193.7
NOTICE AND FIRST SET OF WRITTEN DISCOVERY TO DEFENDANT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, MARY AMBROSE, hereinafter called Plaintiff, complaining of 0f and about
BRAUM’S, INC., hereinafter called Defendant, and for cause 0f action shows unto the Court the
following:
DISCOVERY CONTROL PLAN
1. Plaintiff intends that discovery be conducted under Discovery Level 3.
PARTIES AND SERVICE
2. Plaintiff, MARY AMBROSE, is an individual and resident of the
0f State of Texas
whose contact address is 9330 LBJ Freeway, Suite 120, Dallas, Texas, 75243. The last three digits
of Mary Ambrose’s social security number are 135 and the last three digits of her drivers’ license
number are 405
3. Defendant BRAUM’S, INC., an Oklahoma corporation doing business in the State
0f Texas and may be served with
of With process by serving itsregistered agent: CT Corporation System,
at 1999 Bryan Street, Suite 900, Dallas, Texas 75201
75201, ,
its registered office. Service of said
Defendant may be had by personal delivery.‘
Plaintiff s Original Petition,
Plaintiff” Jury Demand,
Rule 193.7 Notice and 1“
15‘
Set 0f Written Discovery Page 1 0f
of 38
JURISDICTION AND VENUE
4. The subject matter in controversy is Within the jurisdictional limits 0f this court.
The Court has jurisdiction over the parties because allparties are Texas residents. Venue in Dallas
County is proper in this cause under Section 15.002(a) (1) of the Texas Civil Practice and
Remedies Code because all 0r a substantial part of the events or omissions giving rise t0 this
lawsuit occurred in this county.
FACTS
5. Plaintiff would respectfully show the Court that 0n 0r about February 14, 2018, at
Defendant's business location located at 1815 Northwest Highway, Garland, Texas, 75041 (the
"premises"), Plaintiff was getting up from her table inside the premises restaurant, acting
reasonably, When she slipped 0n a wet floor causing Plaintiff t0 sustain bodily injuries. The wet
floor constituted an unreasonable dangerous condition of Which Defendant knew, 0r should have
known, existed. Defendant owed the Plaintiff a duty t0 provide Plaintiff With a reasonably safe
premises or a duty to warn Plaintiff that an unreasonably unsafe condition existed on the premises.
However, Defendant failed to provide the Plaintiff with a reasonably safe premises and failed t0
warn Plaintiff that an unreasonably unsafe condition existed on the premises. The dangerous
condition complained of existed long enough to give Defendant a reasonable opportunity to
discover and correct it.However, Defendant failed t0 correct said condition. It was therefore the
Defendant's negligence Which was the proximate cause of Plaintiffs injuries and damages.
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 2 of 38
NEGLIGENCE
6. At all times mentioned herein, Defendant had such control over the premises in question
that Defendant owed certain duties to Plaintiff, the breach ofwhich proximately caused the injuries
set forth herein.
7. Defendant, Defendant's agents, servants, and employees negligently permitted the
floor t0 become hazardous with a liquid substance on the floor, negligently or willfully allowed
such condition t0 continue and negligently 0r willfully failed to warn Plaintiff of the condition of
the floor. This condition existed despite the fact that Defendant 0r Defendant's agents knew 0r
should have known 0f the existence 0f the aforementioned condition and that there was likelihood
0f a person being injured as occurred t0 Plaintiff.
8. Defendant's acts 0r omissions constituted negligence, including the following:
(a) Failing t0 provide the Plaintiff, its business invitee, a reasonably safe premises to dine;
and
(b) Failing to warn the Plaintiff, itsbusiness invitee, that an unreasonably unsafe condition
existed 0n the premises.
9. In addition, at all relevant times, Defendant and its agents, servants, and employees
were acting in the course and scope of their employment and were guilty of general negligence
toward Plaintiff in the following respects:
(a) Acting with reckless disregard for the safety and welfare of its business invitees;
(b) Failing to maintain a safe premises for itsbusiness invitees;
(c) Failing to properly train employees, agents, and workers in maintaining a safe premises;
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 3 of 38
(d) Failing t0 properly train employees, agents, and workers concerning mopping the floor
and procedures to warn as t0 the existence 0f a wet floor to ensure safety;
(e) Failing to properly train employees to be attentive and mindful of wet and/or slippery
floors in common walkways;
(f) Failing t0 train employees t0 warn customers 0f the presence 0f a wet floor 0n the
premises; and
(g) Failing t0 act as a reasonably prudent person and/or employer would have done under the
same or similar circumstances.
10. Each 0fthe above acts and omissions, singularly 0r in combination with each other,
was a proximate cause of Plaintiff sustaining injury and damages that are described herein below.
As such, Plaintiffs cause 0f action arises out 0f a basis 0f law, thus entitling Plaintiff t0 the relief
sought.
PREMISES LIABILITY
11. Defendant maintained, owned, and/or controlled the premises where Plaintiff‘s
incident forming the basis of this cause occurred. Plaintiff entered Defendant's premises With
Defendant's knowledge and for their mutual benefit. Specifically, Plaintiff was a business invites,
acting reasonably, 0n the property belonging t0 Defendant. The conduct of Defendant, by failing
to provide the Plaintiff With a reasonably safe premises and/or in failing t0 warn the Plaintiff that
an unreasonably unsafe condition existed on the premises, was the proximate cause of Plaintiffs
damages in the following acts 0f negligence:
(a) Failing to timely inspect the premise in order to discover any dangerous conditions;
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 4 of 38
(b) Failing t0 timely observe and inspect the premises in order to correct any unsafe practice
0r condition;
(c) Failing to provide a reasonably safe premises for its business invitees; and
(d) Failing t0 place any type of warning 0r signs on the premises notifying itsbusiness
invitees 0f a possibly dangerous condition 0n the premises.
DAMAGES
12. As a direct and proximate result 0f the occurrence made the basis of this lawsuit, Plaintiff
was caused t0 suffer bodily injuries, and to incur the following damages:
A. Reasonable medical care and expenses in the past, Which were incurred by
Plaintiff for the necessary care and treatment of the injuries sustained from
her fallon the wet floor and complained of herein;
B. Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
C. Physical pain and suffering in the past;
D. Physical pain and suffering in the future;
E. Mental anguish in the past; and
F. Mental anguish in the future.
DEMAND FOR JURY TRIAL
13. Pursuant t0 Rule 216 0f the Texas Rules 0f Civil Procedure, Plaintiff hereby
demands a trialby jury.
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 5 of 38
RULE 193.7 NOTICE TO DEFENDANT
14. Pursuant t0 Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends t0
use against Defendant in any legal pretrial proceeding 0r at trial all documents produced t0 Plaintiff
in response to written discovery. This notice is given to Defendant within ten (10) days after
Defendant has actual notice that alldocuments produced by Defendant to Plaintiff in this lawsuit
Will be offered at trial,thereby satisfying the requirement of authentication 0r identification as a
condition precedent to admissibility pursuant t0 the Rule 901(a) of the Texas Rules of Evidence.
REQUEST FOR WRITTEN DISCOVERY
11. Pursuant t0 the Texas Rules 0f Civil Procedure, Defendant ishereby requested t0 provide
answers and/or responses t0 the following requests for written discovery within fifty (50) days 0f
service of the requests, Which are being served herewith and are attached hereto, Which include the
following: Plaintiff” s First Request for Admissions; Plaintiff” s Request for Disclosure; Plaintiff” s
First Set 0f Interrogatories; and Plaintiff’s First Requests for Production.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant
be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be
entered for Plaintiff against Defendant for damages in an amount within the jurisdictional limits
of the Court; together With pre-judgment interest (from the date of injury through the date 0f
judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of
court; and such other and further relief t0 which the Plaintiff may be entitled atlaw 0r in equity.
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 6 of 38
Respectfully submitted,
ALMASRI MARZWANIAN LAW GROUP PLLC
//
By:
Sam Almasri
Texas Bar No. 24053071
Email: sam@theamslawgroup.com
9330 LBJ Freeway
Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorney for Plaintiff
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 7 of 38
CAUSE NO.
MARY AMBROSE § IN THE DISTRICT COURT
Plaintiff, §
§
V § _JUDICIAL DISTRICT
§
BRAUM’S, INC, §
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF’S FIRST SET OF INTERROGATORIES
T0: Defendant BRAUMS, INC., by serving its registered agent.
You are hereby instructed t0 answer the following interrogatories separately, fully, in
writing, and under oath if required by Rule 197.2(d) 0f the Texas Rules of Civil Procedure. The
answers shall be served upon the undersigned counsel within 50 days after the service 0f these
interrogatories.
Your failure t0 make timely answers or objections may subj ect you t0 sanctions as provided
in Rule 221 0f the Texas Rules 0f Civil Procedure.
Respectfully submitted,
ALMASRI MARZWANIAN LAW GROUP PLLC
By:
Sam Almasri
Texas Bar No. 24053071
Email: sam@theamslawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorney for Plaintiff
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 8 of 38
DEFINITIONS AND INSTRUCTIONS
1. As used herein, the terms "you" and "your" shall refer to Defendant, Defendant’s attorneys,
agents, and all other natural persons or business or legal entities acting or purporting to act for or on behalf
of Defendant, Whether authorized t0 do so 0r not.
2. As used herein, the term "documents" shall mean allwritings of every kind, source and
authorship, both originals and all nonidentical copies thereof, in your possession, custody, or control, 0r
known by you t0 exist, irrespective of Whether the writing is one intended for or transmitted internally by
you, 0r intended for 0r transmitted to any other person 0r entity, including Without limitation any
government agency, department, administrative, 0r private entity or person. The term shall include
handwritten, typewritten, printed, photocopied, photographic, or recorded matter. It shall include
communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, 0r
accessible through, computer 0r other information storage 0r retrieval systems, together With the codes
and/or programming instructions and other materials necessary to understand and use such systems. For
purposes 0f illustration and not limitation, the term shall include: affidavits; agendas; agreements; analyses;
announcements; bills, statements, and other records of obligations and expenditures; books; brochures;
bulletins; calendars; canceled checks, vouchers, receipts and other records of payments; charts or drawings;
check registers; Checkbooks; circulars; collateral files and contents; contracts; corporate bylaws; corporate
charters; correspondence; credit files and contents; deeds 0f trust; deposit slips; diaries; drafts; files;
guaranty agreements; instructions; invoices; ledgers, journals, balance sheets, profit and loss statements,
and other sources 0f financial data; letters; logs, notes, or memoranda of telephonic 0r face-to-face
conversations; manuals; memoranda of all kinds, to and from any persons, agencies, 0r entities; minutes;
minute books; notes; notices; parts lists;papers; press releases; printed matter (including books, articles,
speeches, and newspaper clippings); purchase orders; records; records of administrative, technical, and
financial actions taken or recommended; reports; safety deposit boxes and contents and records of entry;
schedules; security agreements; specifications; statements 0f bank accounts; statements; interviews; stock
transfer ledgers; technical and engineering reports, evaluations, advice, recommendations, commentaries,
conclusions, studies, test plans, manuals, procedures, data, reports, results, and conclusions; summaries,
notes, and other records and recordings of any conferences, meetings, Visits, statements, interviews or
telephone conversations; telegrams; teletypes and other communications sent 0r received; transcripts of
testimony; UCC instruments; work papers; and all other writings, the contents of Which relate to, discuss,
consider, or otherwise refer to the subj ect matter of the particular discovery requested.
3. In accordance with TeX. R. CiV. P. Rule 192.7, a document is deemed to be in your
possession, custody or control ifyou either have physical possession ofthe item 0r have a right to possession
0f the item that isequal 0r superior t0 the person Who has physical control of the item.
4. "Person": The term "person" shall include individuals, associations, partnerships,
corporations, and any other type of entity 0r institution whether formed for business purposes or any other
purposes.
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 9 of 38
5. "Identify" 0r "Identification":
(a) When used in reference to a person, "identify" or "identification" means to state
his or her fullname, present or last known residence address, present or last known business address
and telephone number.
(b) When used in reference to a public 0r private corporation, governmental entity,
partnership 0r association, "identify" or "identification" means to state name, present or last
its full
known business address or operating address, the name 0f its Chief Executive Officer and telephone
number.
(c) When used in reference to a document, "identify" or "identification" shall include
statement 0f the following:
(i) the title,heading, or caption, if any, 0f such document;
(ii) the identifying number(s), letter(s), 0r combination thereof, if any; and the
significance 0r meaning of such number(s), letter(s), or combination thereof, if necessary
to an understanding of the document and evaluation of any claim of protection from
discovery;
(iii) the date appearing on such document; if no date appears thereon, the
answer shall so stateand shall give the date or approximate date on Which such document
was prepared;
(iv) the number 0f pages and the general nature or description of such
document (i.e.,Whether it is a letter, memorandum, minutes 0f a meeting, etc), With
sufficient particularity s0 as t0 enable such document t0 be precisely identified;
(V) the name and capacity 0f the person Who signed such document; if it was
not signed, the answer shall so state and shall give the name of the person or persons Who
prepared it;
(Vi) the name and capacity 0f the person t0 Whom such document was
addressed and the name and capacity 0f such person, other than such addressee, to whom
such document, or a copy thereof, was sent; and
(Vii) the physical location of the document and the name 0f itscustodian or
custodians.
6. "Settlement": as used herein, means:
(a) an oral 0r written, disclosed 0r undisclosed agreement, bargain, contract,
settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan
arrangement, credit arrangement, contingent settlement, limitation 0n the amount of liability or
judgment, 0r a promise by 0r between plaintiff and any defendant or between any defendant herein
whereby plaintiff or defendant have in any way released, compromised, in Whole 0r in part, directly
or indirectly, or agreed to do so in the filture, any 0f the matters in controversy in this lawsuit
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 10 of 38
Whether before, after or during trial0r before 0r after any jury verdict is returned herein or a
judgment is entered or rendered herein.
(b) Any resolution of the differences between the plaintiff and defendant by loan to
the plaintiff or any other device Which is repayable in Whole 0r in part out of any judgment the
plaintiff may recover against defendant.
(c) The term "settlement" shall also include "Mary Carter Agreements" as that term is
used under Texas Law.
7. Unless a specific date 0r dates is set forth in any specific question herein, you are directed
that each question shall be answered for the period of time up t0 and including the present date.
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 11 of 38
FIRST SET OF INTERROGATORIES
INTERROGATORY NO. 1: Was itin the regular course of the business of Defendant to conduct
a post-accident investigation into the incident made the basis 0f this cause, Whether litigation was
anticipated or not? If so, state Whether an investigation was conducted concerning the incident, the
dates When it occurred, and the name(s), address(es), and telephone number(s) of the
investigator(s).
ANSWER:
INTERROGATORY NO. 2: State the name, address, and telephone number for the person(s)
answering 0r responding to all or any portion of Plaintiffs interrogatories, requests for production,
requests for admissions, and requests for disclosure on behalf 0f Defendant and for the person(s)
supplying information for and/or assisting with the preparation of Defendant's answers, responses,
and/or objections, and state Which specific answer(s), response(s), and/or 0bjection(s) each such
person answered, supplied information for,and/or assisted With.
ANSWER:
INTERROGATORY NO. 3: Please describe in your own words how Plaintiffs injuries occurred
and state specifically and in detail What the claims, contentions, and/or theories 0f Defendant are
regarding any cause 0r contributing cause of the incident, including a statement in detail of the
facts or information upon which this contention is based.
ANSWER:
INTERROGATORY NO. 4: Please state the names, addresses, telephone numbers, and titles of
all persons responsible for the maintenance 0f all and/or any portion 0f the premises where the
incident occurred on 0r about September 1, 2017, including those persons whose responsibility it
was to keep those premises safe for invitees.
ANSWER:
INTERROGATORY NO. 5: Please state the name and last known contact information for the
employees who assisted Plaintiff immediately following Plaintiff’s fall, if such employees are no
longer employed by Defendant.
ANSWER:
INTERROGATORY NO. 6: Please state Who was in charge 0f maintenance 0f the premises.
ANSWER:
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 12 of 38
INTERROGATORY NO. 7: State the names, addresses, and telephone numbers of all persons,
employees and non employees, injured due to a foreign substance on the floor or premises, Within
the two (2) years prior to the incident.
ANSWER:
INTERROGATORY NO. 8: State the name and address 0f any person who has photographs of
any person, place, or thing Which is relevant and material t0 the incident; state Who took each
photograph, on What date each photograph was taken, and describe What each photograph Shows.
ANSWER:
INTERROGATORY NO. 9: Has the Defendant been sued for similar falls in the previous three
years, if so state the name of the persons who filed these suits and their cause numbers.
ANSWER:
INTERROGATORY NO. 10: State the names, addresses, and telephone numbers 0f Defendant's
employees, workers, and agents Who were working, walking, and/or standing on the premises at
any time on the date 0f the incident, and what each such person witnessed. If any 0f these person
are not currently employed by Defendant, state his/her date 0f birth, driver's license number, and
issuing state.
ANSWER:
INTERROGATORY NO. 11: For all incidents, injuries, and/or deaths 0n the defendant's
premises, state whether itwas a business practice and customary for defendant to investigate any
such incidents, injuries and or deaths.
ANSWER:
INTERROGATORY NO. 12: Please state whether you 0r your business entity has had a transfer
of ownership in the last five (5) years and, if so, the dates of transfer and the names, addresses, and
telephone numbers 0f the persons, parties, and/or entities t0 the transfer and the current owner(s).
ANSWER:
INTERROGATORY NO. 13: Please state the amount 0f, duration of, and reason for any
payments, including medical payments, Defendant has allegedly made t0 compensate 0r benefit
Plaintiff in any way for the injuries 0r damages alleged in this cause.
ANSWER:
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 13 of 38
INTERROGATORY NO. 14: State the names, addresses, and telephone numbers of Defendant's
manager on duty at the time 0f the slip-and-fall accident, whether the individual made and kept an
incident report in the Defendant's file, and what each such person witnessed. If any of these person
are not currently employed by Defendant, state his/her date of birth, Social Security number,
driver's license number, and issuing state.
ANSWER:
INTERROGATORY NO. 15: Please state the name, telephone number, and address of any
person(s) who witnessed the accident, including any person who witnessed Plaintiff inside of the
store prior to and/or after she fell to the floor.
ANSWER:
INTERROGATORY NO. 16: Please state the names of any employees, agents, servants,
contractor and persons under your control Who were on the premises on September 1, 2017. Also
include such persons’ telephone numbers, addresses, the reasons for said persons being on the
premises 0n that particular day, and the duration 0f their stay 0n the premises.
ANSWER:
INTERROGATORY NO. 17: Please state Whether you conduct scheduled safety inspections of
your premises, including inside ofthe store where the Plaintiff fell, during retail hours of operation
and if so, how often are said inspections conducted.
ANSWER:
INTERROGATORY NO. 18: Please state the names 0f any entitles, if any, that you have
contracted With for maintenance or security of the outside 0f Defendant's store, including cleaning
services, whether or not such services include maintaining and or securing the premises and/or
inside the store Where the Plaintiff fell. This request calls for the names of those contracted for two
years prior to the accident, and up t0 date.
ANSWER:
INTERROGATORY NO. 19: Please state the names, addresses, and telephone numbers of any
persons Who have made any complaints, Whether written 0r oral, related in any way t0 the premises
and/or the inside of the store Where the Plaintiff fell, and/or any other area within the premises
ANSWER:
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 14 of 38
INTERROGATORY NO. 20: Were there any warnings posted on the premises prior to, on the
day of, or after the accident? If so, please describe any such warning signs, exactly What dangers
they relate t0, Who posted such warnings, the exact location 0f the warning sign 0n the premises,
and on exactly What date such warnings were posted. This includes any handwritten, typed or
photo-type warnings.
ANSWER:
INTERROGATORY N0. 21: Was any warning regarding the liquid, Whether oral 0r written,
given t0 Plaintiff prior t0 the accident? If so, please state the details of such warning, including
exactly What danger itwarned 0f and when such warning was given.
ANSWER:
INTERROGATORY NO. 22: Please state Whether any information 0r documents responsive in
whole 01‘ in part t0 these interrogatories have been Withheld on the basis 0f any privilege. If so,
please identify the information or documents being withheld and state each privilege upon Which
the withholding 0f any information 0r document is based.
ANSWER:
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 15 of 38
CAUSE NO.
MARY AMBROSE § IN THE DISTRICT COURT
Plaintiff, §
§
V § _JUDICIAL DISTRICT
§
BRAUM’S, INC, §
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
T0: Defendant BRAUMS, INC., by serving its registered agent.
You are hereby notified that Plaintiff demands that within fifty (50) days after the service
0f these requests, Defendant specifically admit or deny the Requests for Admissions as set forth
herein. A failure to specifically answer any request, or an evasive answer t0 any request, will be
taken as an admission 0f truth 0f such request.
Respectfully submitted,
ALMASRI MARZWANIAN LAW GROUP PLLC
By:
Sam Almasri
Texas Bar N0. 24053071
Email: sam@theamslawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorney for Plaintiff
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 16 of 38
DEFINITIONS AND INSTRUCTIONS
1. As used herein, the terms, “you” an “your”, shall refer t0 Defendant, Defendant’s attorneys,
agents, and all other natural persons or business or legal entities acting or purporting to act for 0r
on behalf of Defendant, Whether authorized to do so 0r not.
2. “Person”: The term “person” shall include individuals, associations, partnerships,
corporations, and any other type of entity 0r institution whether formed for business purposes or
any other purposes.
3. “Settlement”, as used herein, means:
(a) an oral 0r written, disclosed 0r undisclosed agreement, bargain, contract,
settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan
arrangement, credit arrangement, contingent settlement, limitation 0n the amount 0f liability 0r
judgment, or a promise by 0r between plaintiff and any defendant 0r between any defendant herein
whereby plaintiff or defendant have in any way released or compromised, in whole or in part,
directly 0r indirectly, 0r agreed t0 d0 s0 in the future, any 0f the matters in controversy in this
lawsuit whether before, after or during trial0r before or after any jury verdict is returned herein 0r
a judgment is entered 0r rendered herein;
(b) any resolution 0f the differences between the Defendant and Plaintiffby loan t0 the
Defendant or any other device which is repayable in whole 0r in part out 0f any judgment the
Defendant may recover against defendant;
(c) “Mary Carter Agreements” as that term is used under Texas Law.
4. Unless a specific date or dates is set forth in any specific question herein, you are directed
that each question shall be answered for the period of time up to and including the present date.
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 17 of 38
FIRST REQUEST FOR ADMISSIONS
REQUEST FOR ADMISSION NO. 1: Admit 0r deny that Plaintiff was an invitee 0f the
Defendant 0n the date of the incident.
RESPONSE:
REQUEST FOR ADMISSION NO. 2: Admit or deny that at the time of the incident, Plaintiff
was on your premises as a customer.
RESPONSE:
REQUEST FOR ADMISSION NO. 3: Admit or deny that Defendant was the possessor of the
premises.
RESPONSE:
REQUEST FOR ADMISSION NO. 4: Admit 0r deny that Defendant knew or should have
known 0f the danger related to the liquid substance 0n the floor.
RESPONSE:
REQUEST FOR ADMISSION NO. 5: Admit or deny that Defendant failed to warn Plaintiff
about the liquid substance 0n the floor.
RESPONSE:
REQUEST FOR ADMISSION NO. 6: Admit 0r deny that Defendant failed t0 clean up the liquid
substance on the floor until after Plaintiff had already fallen.
RESPONSE:
REQUEST FOR ADMISSION NO. 7: Admit or deny that Plaintiff slipped 0n a liquid substance
0n the floor 0f an aisle on Defendant’s premises.
RESPONSE:
REQUEST FOR ADMISSION NO. 8: Admit 0r deny that Plaintiff notified employees of
Defendant that she had fallen on Defendant’s premises.
RESPONSE:
Plaintiff” s Original Petition, Jury Demand,
Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 18 of 38
REQUEST FOR ADMISSION NO. 9: Admit 0r deny that Defendant had knowledge that
dangerous conditions such as the liquid inside ofthe store could pose an unreasonable risk 0f injury
to the Plaintiff.
RESPONSE:
REQUEST FOR ADMISSION NO.
Preview
FILED 1 CIT/ ATTY DALLAS COUNTY 1/31/2020 1:45PM FELICIA PITRE DISTRICT CLERK Nikiya Harris CAUSE No_DC-20-01 804 MARY AMBROSE § IN THE DISTRICT COURT Plaintiff, § § V § ijUDICIAL 116TH _JUDICIAL DISTRICT § BRAUM’S, INC., INC, § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION, DEMAND FOR JURY TRIAL, RULE 193.7 NOTICE AND FIRST SET OF WRITTEN DISCOVERY TO DEFENDANT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, MARY AMBROSE, hereinafter called Plaintiff, complaining of 0f and about BRAUM’S, INC., hereinafter called Defendant, and for cause 0f action shows unto the Court the following: DISCOVERY CONTROL PLAN 1. Plaintiff intends that discovery be conducted under Discovery Level 3. PARTIES AND SERVICE 2. Plaintiff, MARY AMBROSE, is an individual and resident of the 0f State of Texas whose contact address is 9330 LBJ Freeway, Suite 120, Dallas, Texas, 75243. The last three digits of Mary Ambrose’s social security number are 135 and the last three digits of her drivers’ license number are 405 3. Defendant BRAUM’S, INC., an Oklahoma corporation doing business in the State 0f Texas and may be served with of With process by serving itsregistered agent: CT Corporation System, at 1999 Bryan Street, Suite 900, Dallas, Texas 75201 75201, , its registered office. Service of said Defendant may be had by personal delivery.‘ Plaintiff s Original Petition, Plaintiff” Jury Demand, Rule 193.7 Notice and 1“ 15‘ Set 0f Written Discovery Page 1 0f of 38 JURISDICTION AND VENUE 4. The subject matter in controversy is Within the jurisdictional limits 0f this court. The Court has jurisdiction over the parties because allparties are Texas residents. Venue in Dallas County is proper in this cause under Section 15.002(a) (1) of the Texas Civil Practice and Remedies Code because all 0r a substantial part of the events or omissions giving rise t0 this lawsuit occurred in this county. FACTS 5. Plaintiff would respectfully show the Court that 0n 0r about February 14, 2018, at Defendant's business location located at 1815 Northwest Highway, Garland, Texas, 75041 (the "premises"), Plaintiff was getting up from her table inside the premises restaurant, acting reasonably, When she slipped 0n a wet floor causing Plaintiff t0 sustain bodily injuries. The wet floor constituted an unreasonable dangerous condition of Which Defendant knew, 0r should have known, existed. Defendant owed the Plaintiff a duty t0 provide Plaintiff With a reasonably safe premises or a duty to warn Plaintiff that an unreasonably unsafe condition existed on the premises. However, Defendant failed to provide the Plaintiff with a reasonably safe premises and failed t0 warn Plaintiff that an unreasonably unsafe condition existed on the premises. The dangerous condition complained of existed long enough to give Defendant a reasonable opportunity to discover and correct it.However, Defendant failed t0 correct said condition. It was therefore the Defendant's negligence Which was the proximate cause of Plaintiffs injuries and damages. Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 2 of 38 NEGLIGENCE 6. At all times mentioned herein, Defendant had such control over the premises in question that Defendant owed certain duties to Plaintiff, the breach ofwhich proximately caused the injuries set forth herein. 7. Defendant, Defendant's agents, servants, and employees negligently permitted the floor t0 become hazardous with a liquid substance on the floor, negligently or willfully allowed such condition t0 continue and negligently 0r willfully failed to warn Plaintiff of the condition of the floor. This condition existed despite the fact that Defendant 0r Defendant's agents knew 0r should have known 0f the existence 0f the aforementioned condition and that there was likelihood 0f a person being injured as occurred t0 Plaintiff. 8. Defendant's acts 0r omissions constituted negligence, including the following: (a) Failing t0 provide the Plaintiff, its business invitee, a reasonably safe premises to dine; and (b) Failing to warn the Plaintiff, itsbusiness invitee, that an unreasonably unsafe condition existed 0n the premises. 9. In addition, at all relevant times, Defendant and its agents, servants, and employees were acting in the course and scope of their employment and were guilty of general negligence toward Plaintiff in the following respects: (a) Acting with reckless disregard for the safety and welfare of its business invitees; (b) Failing to maintain a safe premises for itsbusiness invitees; (c) Failing to properly train employees, agents, and workers in maintaining a safe premises; Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 3 of 38 (d) Failing t0 properly train employees, agents, and workers concerning mopping the floor and procedures to warn as t0 the existence 0f a wet floor to ensure safety; (e) Failing to properly train employees to be attentive and mindful of wet and/or slippery floors in common walkways; (f) Failing t0 train employees t0 warn customers 0f the presence 0f a wet floor 0n the premises; and (g) Failing t0 act as a reasonably prudent person and/or employer would have done under the same or similar circumstances. 10. Each 0fthe above acts and omissions, singularly 0r in combination with each other, was a proximate cause of Plaintiff sustaining injury and damages that are described herein below. As such, Plaintiffs cause 0f action arises out 0f a basis 0f law, thus entitling Plaintiff t0 the relief sought. PREMISES LIABILITY 11. Defendant maintained, owned, and/or controlled the premises where Plaintiff‘s incident forming the basis of this cause occurred. Plaintiff entered Defendant's premises With Defendant's knowledge and for their mutual benefit. Specifically, Plaintiff was a business invites, acting reasonably, 0n the property belonging t0 Defendant. The conduct of Defendant, by failing to provide the Plaintiff With a reasonably safe premises and/or in failing t0 warn the Plaintiff that an unreasonably unsafe condition existed on the premises, was the proximate cause of Plaintiffs damages in the following acts 0f negligence: (a) Failing to timely inspect the premise in order to discover any dangerous conditions; Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 4 of 38 (b) Failing t0 timely observe and inspect the premises in order to correct any unsafe practice 0r condition; (c) Failing to provide a reasonably safe premises for its business invitees; and (d) Failing t0 place any type of warning 0r signs on the premises notifying itsbusiness invitees 0f a possibly dangerous condition 0n the premises. DAMAGES 12. As a direct and proximate result 0f the occurrence made the basis of this lawsuit, Plaintiff was caused t0 suffer bodily injuries, and to incur the following damages: A. Reasonable medical care and expenses in the past, Which were incurred by Plaintiff for the necessary care and treatment of the injuries sustained from her fallon the wet floor and complained of herein; B. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; C. Physical pain and suffering in the past; D. Physical pain and suffering in the future; E. Mental anguish in the past; and F. Mental anguish in the future. DEMAND FOR JURY TRIAL 13. Pursuant t0 Rule 216 0f the Texas Rules 0f Civil Procedure, Plaintiff hereby demands a trialby jury. Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 5 of 38 RULE 193.7 NOTICE TO DEFENDANT 14. Pursuant t0 Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends t0 use against Defendant in any legal pretrial proceeding 0r at trial all documents produced t0 Plaintiff in response to written discovery. This notice is given to Defendant within ten (10) days after Defendant has actual notice that alldocuments produced by Defendant to Plaintiff in this lawsuit Will be offered at trial,thereby satisfying the requirement of authentication 0r identification as a condition precedent to admissibility pursuant t0 the Rule 901(a) of the Texas Rules of Evidence. REQUEST FOR WRITTEN DISCOVERY 11. Pursuant t0 the Texas Rules 0f Civil Procedure, Defendant ishereby requested t0 provide answers and/or responses t0 the following requests for written discovery within fifty (50) days 0f service of the requests, Which are being served herewith and are attached hereto, Which include the following: Plaintiff” s First Request for Admissions; Plaintiff” s Request for Disclosure; Plaintiff” s First Set 0f Interrogatories; and Plaintiff’s First Requests for Production. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for Plaintiff against Defendant for damages in an amount within the jurisdictional limits of the Court; together With pre-judgment interest (from the date of injury through the date 0f judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief t0 which the Plaintiff may be entitled atlaw 0r in equity. Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 6 of 38 Respectfully submitted, ALMASRI MARZWANIAN LAW GROUP PLLC // By: Sam Almasri Texas Bar No. 24053071 Email: sam@theamslawgroup.com 9330 LBJ Freeway Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorney for Plaintiff Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 7 of 38 CAUSE NO. MARY AMBROSE § IN THE DISTRICT COURT Plaintiff, § § V § _JUDICIAL DISTRICT § BRAUM’S, INC, § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF’S FIRST SET OF INTERROGATORIES T0: Defendant BRAUMS, INC., by serving its registered agent. You are hereby instructed t0 answer the following interrogatories separately, fully, in writing, and under oath if required by Rule 197.2(d) 0f the Texas Rules of Civil Procedure. The answers shall be served upon the undersigned counsel within 50 days after the service 0f these interrogatories. Your failure t0 make timely answers or objections may subj ect you t0 sanctions as provided in Rule 221 0f the Texas Rules 0f Civil Procedure. Respectfully submitted, ALMASRI MARZWANIAN LAW GROUP PLLC By: Sam Almasri Texas Bar No. 24053071 Email: sam@theamslawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorney for Plaintiff Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 8 of 38 DEFINITIONS AND INSTRUCTIONS 1. As used herein, the terms "you" and "your" shall refer to Defendant, Defendant’s attorneys, agents, and all other natural persons or business or legal entities acting or purporting to act for or on behalf of Defendant, Whether authorized t0 do so 0r not. 2. As used herein, the term "documents" shall mean allwritings of every kind, source and authorship, both originals and all nonidentical copies thereof, in your possession, custody, or control, 0r known by you t0 exist, irrespective of Whether the writing is one intended for or transmitted internally by you, 0r intended for 0r transmitted to any other person 0r entity, including Without limitation any government agency, department, administrative, 0r private entity or person. The term shall include handwritten, typewritten, printed, photocopied, photographic, or recorded matter. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, 0r accessible through, computer 0r other information storage 0r retrieval systems, together With the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes 0f illustration and not limitation, the term shall include: affidavits; agendas; agreements; analyses; announcements; bills, statements, and other records of obligations and expenditures; books; brochures; bulletins; calendars; canceled checks, vouchers, receipts and other records of payments; charts or drawings; check registers; Checkbooks; circulars; collateral files and contents; contracts; corporate bylaws; corporate charters; correspondence; credit files and contents; deeds 0f trust; deposit slips; diaries; drafts; files; guaranty agreements; instructions; invoices; ledgers, journals, balance sheets, profit and loss statements, and other sources 0f financial data; letters; logs, notes, or memoranda of telephonic 0r face-to-face conversations; manuals; memoranda of all kinds, to and from any persons, agencies, 0r entities; minutes; minute books; notes; notices; parts lists;papers; press releases; printed matter (including books, articles, speeches, and newspaper clippings); purchase orders; records; records of administrative, technical, and financial actions taken or recommended; reports; safety deposit boxes and contents and records of entry; schedules; security agreements; specifications; statements 0f bank accounts; statements; interviews; stock transfer ledgers; technical and engineering reports, evaluations, advice, recommendations, commentaries, conclusions, studies, test plans, manuals, procedures, data, reports, results, and conclusions; summaries, notes, and other records and recordings of any conferences, meetings, Visits, statements, interviews or telephone conversations; telegrams; teletypes and other communications sent 0r received; transcripts of testimony; UCC instruments; work papers; and all other writings, the contents of Which relate to, discuss, consider, or otherwise refer to the subj ect matter of the particular discovery requested. 3. In accordance with TeX. R. CiV. P. Rule 192.7, a document is deemed to be in your possession, custody or control ifyou either have physical possession ofthe item 0r have a right to possession 0f the item that isequal 0r superior t0 the person Who has physical control of the item. 4. "Person": The term "person" shall include individuals, associations, partnerships, corporations, and any other type of entity 0r institution whether formed for business purposes or any other purposes. Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 9 of 38 5. "Identify" 0r "Identification": (a) When used in reference to a person, "identify" or "identification" means to state his or her fullname, present or last known residence address, present or last known business address and telephone number. (b) When used in reference to a public 0r private corporation, governmental entity, partnership 0r association, "identify" or "identification" means to state name, present or last its full known business address or operating address, the name 0f its Chief Executive Officer and telephone number. (c) When used in reference to a document, "identify" or "identification" shall include statement 0f the following: (i) the title,heading, or caption, if any, 0f such document; (ii) the identifying number(s), letter(s), 0r combination thereof, if any; and the significance 0r meaning of such number(s), letter(s), or combination thereof, if necessary to an understanding of the document and evaluation of any claim of protection from discovery; (iii) the date appearing on such document; if no date appears thereon, the answer shall so stateand shall give the date or approximate date on Which such document was prepared; (iv) the number 0f pages and the general nature or description of such document (i.e.,Whether it is a letter, memorandum, minutes 0f a meeting, etc), With sufficient particularity s0 as t0 enable such document t0 be precisely identified; (V) the name and capacity 0f the person Who signed such document; if it was not signed, the answer shall so state and shall give the name of the person or persons Who prepared it; (Vi) the name and capacity 0f the person t0 Whom such document was addressed and the name and capacity 0f such person, other than such addressee, to whom such document, or a copy thereof, was sent; and (Vii) the physical location of the document and the name 0f itscustodian or custodians. 6. "Settlement": as used herein, means: (a) an oral 0r written, disclosed 0r undisclosed agreement, bargain, contract, settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit arrangement, contingent settlement, limitation 0n the amount of liability or judgment, 0r a promise by 0r between plaintiff and any defendant or between any defendant herein whereby plaintiff or defendant have in any way released, compromised, in Whole 0r in part, directly or indirectly, or agreed to do so in the filture, any 0f the matters in controversy in this lawsuit Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 10 of 38 Whether before, after or during trial0r before 0r after any jury verdict is returned herein or a judgment is entered or rendered herein. (b) Any resolution of the differences between the plaintiff and defendant by loan to the plaintiff or any other device Which is repayable in Whole 0r in part out of any judgment the plaintiff may recover against defendant. (c) The term "settlement" shall also include "Mary Carter Agreements" as that term is used under Texas Law. 7. Unless a specific date 0r dates is set forth in any specific question herein, you are directed that each question shall be answered for the period of time up t0 and including the present date. Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 11 of 38 FIRST SET OF INTERROGATORIES INTERROGATORY NO. 1: Was itin the regular course of the business of Defendant to conduct a post-accident investigation into the incident made the basis 0f this cause, Whether litigation was anticipated or not? If so, state Whether an investigation was conducted concerning the incident, the dates When it occurred, and the name(s), address(es), and telephone number(s) of the investigator(s). ANSWER: INTERROGATORY NO. 2: State the name, address, and telephone number for the person(s) answering 0r responding to all or any portion of Plaintiffs interrogatories, requests for production, requests for admissions, and requests for disclosure on behalf 0f Defendant and for the person(s) supplying information for and/or assisting with the preparation of Defendant's answers, responses, and/or objections, and state Which specific answer(s), response(s), and/or 0bjection(s) each such person answered, supplied information for,and/or assisted With. ANSWER: INTERROGATORY NO. 3: Please describe in your own words how Plaintiffs injuries occurred and state specifically and in detail What the claims, contentions, and/or theories 0f Defendant are regarding any cause 0r contributing cause of the incident, including a statement in detail of the facts or information upon which this contention is based. ANSWER: INTERROGATORY NO. 4: Please state the names, addresses, telephone numbers, and titles of all persons responsible for the maintenance 0f all and/or any portion 0f the premises where the incident occurred on 0r about September 1, 2017, including those persons whose responsibility it was to keep those premises safe for invitees. ANSWER: INTERROGATORY NO. 5: Please state the name and last known contact information for the employees who assisted Plaintiff immediately following Plaintiff’s fall, if such employees are no longer employed by Defendant. ANSWER: INTERROGATORY NO. 6: Please state Who was in charge 0f maintenance 0f the premises. ANSWER: Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 12 of 38 INTERROGATORY NO. 7: State the names, addresses, and telephone numbers of all persons, employees and non employees, injured due to a foreign substance on the floor or premises, Within the two (2) years prior to the incident. ANSWER: INTERROGATORY NO. 8: State the name and address 0f any person who has photographs of any person, place, or thing Which is relevant and material t0 the incident; state Who took each photograph, on What date each photograph was taken, and describe What each photograph Shows. ANSWER: INTERROGATORY NO. 9: Has the Defendant been sued for similar falls in the previous three years, if so state the name of the persons who filed these suits and their cause numbers. ANSWER: INTERROGATORY NO. 10: State the names, addresses, and telephone numbers 0f Defendant's employees, workers, and agents Who were working, walking, and/or standing on the premises at any time on the date 0f the incident, and what each such person witnessed. If any 0f these person are not currently employed by Defendant, state his/her date 0f birth, driver's license number, and issuing state. ANSWER: INTERROGATORY NO. 11: For all incidents, injuries, and/or deaths 0n the defendant's premises, state whether itwas a business practice and customary for defendant to investigate any such incidents, injuries and or deaths. ANSWER: INTERROGATORY NO. 12: Please state whether you 0r your business entity has had a transfer of ownership in the last five (5) years and, if so, the dates of transfer and the names, addresses, and telephone numbers 0f the persons, parties, and/or entities t0 the transfer and the current owner(s). ANSWER: INTERROGATORY NO. 13: Please state the amount 0f, duration of, and reason for any payments, including medical payments, Defendant has allegedly made t0 compensate 0r benefit Plaintiff in any way for the injuries 0r damages alleged in this cause. ANSWER: Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 13 of 38 INTERROGATORY NO. 14: State the names, addresses, and telephone numbers of Defendant's manager on duty at the time 0f the slip-and-fall accident, whether the individual made and kept an incident report in the Defendant's file, and what each such person witnessed. If any of these person are not currently employed by Defendant, state his/her date of birth, Social Security number, driver's license number, and issuing state. ANSWER: INTERROGATORY NO. 15: Please state the name, telephone number, and address of any person(s) who witnessed the accident, including any person who witnessed Plaintiff inside of the store prior to and/or after she fell to the floor. ANSWER: INTERROGATORY NO. 16: Please state the names of any employees, agents, servants, contractor and persons under your control Who were on the premises on September 1, 2017. Also include such persons’ telephone numbers, addresses, the reasons for said persons being on the premises 0n that particular day, and the duration 0f their stay 0n the premises. ANSWER: INTERROGATORY NO. 17: Please state Whether you conduct scheduled safety inspections of your premises, including inside ofthe store where the Plaintiff fell, during retail hours of operation and if so, how often are said inspections conducted. ANSWER: INTERROGATORY NO. 18: Please state the names 0f any entitles, if any, that you have contracted With for maintenance or security of the outside 0f Defendant's store, including cleaning services, whether or not such services include maintaining and or securing the premises and/or inside the store Where the Plaintiff fell. This request calls for the names of those contracted for two years prior to the accident, and up t0 date. ANSWER: INTERROGATORY NO. 19: Please state the names, addresses, and telephone numbers of any persons Who have made any complaints, Whether written 0r oral, related in any way t0 the premises and/or the inside of the store Where the Plaintiff fell, and/or any other area within the premises ANSWER: Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 14 of 38 INTERROGATORY NO. 20: Were there any warnings posted on the premises prior to, on the day of, or after the accident? If so, please describe any such warning signs, exactly What dangers they relate t0, Who posted such warnings, the exact location 0f the warning sign 0n the premises, and on exactly What date such warnings were posted. This includes any handwritten, typed or photo-type warnings. ANSWER: INTERROGATORY N0. 21: Was any warning regarding the liquid, Whether oral 0r written, given t0 Plaintiff prior t0 the accident? If so, please state the details of such warning, including exactly What danger itwarned 0f and when such warning was given. ANSWER: INTERROGATORY NO. 22: Please state Whether any information 0r documents responsive in whole 01‘ in part t0 these interrogatories have been Withheld on the basis 0f any privilege. If so, please identify the information or documents being withheld and state each privilege upon Which the withholding 0f any information 0r document is based. ANSWER: Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 15 of 38 CAUSE NO. MARY AMBROSE § IN THE DISTRICT COURT Plaintiff, § § V § _JUDICIAL DISTRICT § BRAUM’S, INC, § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS T0: Defendant BRAUMS, INC., by serving its registered agent. You are hereby notified that Plaintiff demands that within fifty (50) days after the service 0f these requests, Defendant specifically admit or deny the Requests for Admissions as set forth herein. A failure to specifically answer any request, or an evasive answer t0 any request, will be taken as an admission 0f truth 0f such request. Respectfully submitted, ALMASRI MARZWANIAN LAW GROUP PLLC By: Sam Almasri Texas Bar N0. 24053071 Email: sam@theamslawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorney for Plaintiff Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 16 of 38 DEFINITIONS AND INSTRUCTIONS 1. As used herein, the terms, “you” an “your”, shall refer t0 Defendant, Defendant’s attorneys, agents, and all other natural persons or business or legal entities acting or purporting to act for 0r on behalf of Defendant, Whether authorized to do so 0r not. 2. “Person”: The term “person” shall include individuals, associations, partnerships, corporations, and any other type of entity 0r institution whether formed for business purposes or any other purposes. 3. “Settlement”, as used herein, means: (a) an oral 0r written, disclosed 0r undisclosed agreement, bargain, contract, settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit arrangement, contingent settlement, limitation 0n the amount 0f liability 0r judgment, or a promise by 0r between plaintiff and any defendant 0r between any defendant herein whereby plaintiff or defendant have in any way released or compromised, in whole or in part, directly 0r indirectly, 0r agreed t0 d0 s0 in the future, any 0f the matters in controversy in this lawsuit whether before, after or during trial0r before or after any jury verdict is returned herein 0r a judgment is entered 0r rendered herein; (b) any resolution 0f the differences between the Defendant and Plaintiffby loan t0 the Defendant or any other device which is repayable in whole 0r in part out 0f any judgment the Defendant may recover against defendant; (c) “Mary Carter Agreements” as that term is used under Texas Law. 4. Unless a specific date or dates is set forth in any specific question herein, you are directed that each question shall be answered for the period of time up to and including the present date. Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 17 of 38 FIRST REQUEST FOR ADMISSIONS REQUEST FOR ADMISSION NO. 1: Admit 0r deny that Plaintiff was an invitee 0f the Defendant 0n the date of the incident. RESPONSE: REQUEST FOR ADMISSION NO. 2: Admit or deny that at the time of the incident, Plaintiff was on your premises as a customer. RESPONSE: REQUEST FOR ADMISSION NO. 3: Admit or deny that Defendant was the possessor of the premises. RESPONSE: REQUEST FOR ADMISSION NO. 4: Admit 0r deny that Defendant knew or should have known 0f the danger related to the liquid substance 0n the floor. RESPONSE: REQUEST FOR ADMISSION NO. 5: Admit or deny that Defendant failed to warn Plaintiff about the liquid substance 0n the floor. RESPONSE: REQUEST FOR ADMISSION NO. 6: Admit 0r deny that Defendant failed t0 clean up the liquid substance on the floor until after Plaintiff had already fallen. RESPONSE: REQUEST FOR ADMISSION NO. 7: Admit or deny that Plaintiff slipped 0n a liquid substance 0n the floor 0f an aisle on Defendant’s premises. RESPONSE: REQUEST FOR ADMISSION NO. 8: Admit 0r deny that Plaintiff notified employees of Defendant that she had fallen on Defendant’s premises. RESPONSE: Plaintiff” s Original Petition, Jury Demand, Rule 193.7 Notice and 1“ Set 0f Written Discovery Page 18 of 38 REQUEST FOR ADMISSION NO. 9: Admit 0r deny that Defendant had knowledge that dangerous conditions such as the liquid inside ofthe store could pose an unreasonable risk 0f injury to the Plaintiff. RESPONSE: REQUEST FOR ADMISSION NO.