C.J. V. BOSQUE DISPOSAL SYSTEMS, LLC,

Posted on : April 3, 2018

CAUSE NO. 048-296326-17

IN THE DISTRICT COURT
48th JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

C. J.,
Plaintiff,
v.
BOSQUE DISPOSAL SYSTEMS, LLC,
Defendant.

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES C. J. (“Plaintiff”) in the above-numbered and styled cause, complaining of
Bosque Disposal Systems, LLC. (“Defendant”), and files this as his Original Petition, Request for
Disclosure, and Request for for Production, for cause of action would respectfully show the Court
as follows:

I. INTRODUCTION
1. Plaintiff brings this action as an employee to recover for the damages he sustained
as a direct and proximate result of Defendants’ failure to use ordinary care to protect him from
dangers which Defendants knew, or should have known, existed at the time of his injury.

II. PARTIES
2. Plaintiff is an individual residing in Fort Worth, Tarrant County, Texas. The last
three digits of his driver’s license number are 566 and the last three digits of his social security
number are 215.
3. Defendant Bosque Disposal Systems, LLC is a Domestic Limited Liability
Company authorized to do business in Texas. It may be served through its Registered Agent, A

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY
Joe Mitchell Jr., at 420 Throckmorton, Ste. 640, Fort Worth, TX 76102, or wherever he may be
found.

III. VENUE AND JURISDICTION

4. Venue is proper in Tarrant County, Texas in that the events giving rise to this cause
of action and claims in this lawsuit occurred in Ft. Worth, Texas.
5. Jurisdiction is proper in that the damages sought well exceed the minimum
jurisdictional limits of the Court.

IV. DISCOVERY
6. Plaintiffs intend to conduct discovery under Level 3 of the Texas Rules of Civil
Procedure pending the submission of an Agreed Scheduling Order between the parties and
approval and entry of the Order by the Court.

V. CLAIMS FOR RELIEF
7. Plaintiffs seeks monetary relief of over $200,000.00, but not more than
$1,000,000.00.

VI. NOTICE OF INTENT
8. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, all parties are hereby
on notice that Plaintiff intends to utilize any and all items or things produced in discovery at trial
or any matter which requires Plaintiff to prove the authenticity of evidence produced.

VII. FACTS
9. On or about January 23, 2016, C. J. was gainfully employed by Lucky Cousins
Trucking. During the scope of his employment with Quality Carriers, Plaintiff routinely drove to
various oil sites in order to deliver and dispose of goods and materials. One of these disposal sites was
owned by Defendant.

10. On the date in question, Plaintiff drove, at the request of his employer, to a job site
located at 11545 FM 917 Alvarado, TX. This site was owned and operated by Bosque Disposal
Systems, LLC. Plaintiff’s job was to dispose of waste generated by oil field maintenance and
production. Once he arrived, Plaintiff waited in a line of trucks performing the same task for
various other employers. Once his turn arrived at the job site, Plaintiff positioned his truck in front
of a series of grates where truck operators were required to dump their waste. The grates lack any
sort of non-slip coating or material which would allow work boots or rubberized soles to maintain
a grip on its surface.
11. Plaintiff attached the required hoses, and began the disposal process. After
Plaintiff’s truck was empty, he began the process of unhooking his hoses to complete his work.
While doing this, Plaintiff was required to walk across a metal grate, which was slick and worn.
Despite not having any non-skid material, the grates were designed to have corrosive, viscous
substances deposited directly on top of it.

 

12. Compounding the issue of an already dangerous condition, the grates where Plaintiff
was required to dump his load where uneven and misleveled. The dangerous condition of the premises
was known or should have been known to Defendant at the time of the Incident.

 

 

 

13. In the process of unhooking the last of the hoses connected to his truck, Plaintiff
walked across the metal grate and his foot caught the lip of the uneven surface. The combination of the
uneven grate, and the lack of non-skid material caused Plaintiff to lose his balance. Plaintiff, despite
wearing rubber work boots and using an abundance of caution, slipped and fell on his right side causing
serious injury to his person.

VIII. CAUSES OF ACTION
COUNT 1: NEGLIGENCE
14. Plaintiff adopt and incorporate each and every allegation of the aforementioned
paragraphs as if set forth herein verbatim.
15. The incident made the basis of this lawsuit and Plaintiff’s resulting injuries and
damages were proximately caused by the negligent conduct of Defendants. in one or more of the
following respects:
a. In failing to warn Plaintiff of an unreasonably dangerous condition existing at the
Property;
b. In failing to maintain an area of the Property under Defendants’ control in a clean
and dry condition reasonably safe and prudent manner;
c. In failing to provide a safe, non-skid surface on the disposal grate where employees
and contractors were required to walk;
d. In failing to correct the uneven grate where Plaintiff was required to walk in the
course and scope of his employment;
e. In creating an unreasonably dangerous wet and slippery condition in an area of the
Property; and
f. In failing to correct and/or repair an unreasonably dangerous wet and slippery
condition existing in an area of the Property under Defendants’ control.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY
16. Each of these acts and omissions, whether taken singularly or in combination,
constituted negligence by Defendants and is the proximate cause of the incident made the basis of
this suit and the injuries and damages sustained by Plaintiffs.
17. The failure to inspect and properly maintain a safe working environment was the
proximate and actual cause of Plaintiff’s injuries. It is foreseeable that the uneven metal grates
whose surface lacked any non-skid material would result in injury of this type. Defendants owed
a duty to ensure their ladder was in operational condition and breached that duty by requiring their
employees to use their defective equipment.

COUNT 2: PREMISES LIABILITY
18. Plaintiffs adopt and incorporate paragraphs 1-17 above and allege that Defendants
owed Plaintiff a duty of ordinary care to keep the areas it controlled in a reasonably safe condition.
19. Defendants breached the aforementioned duty in one or more of the following
respects:
a. In creating a slip and fall hazard by a allowing oil and other viscous materials to
remain on the grate;
b. In failing to inspect the Property for dangerous and slippery conditions, which they
knew or should have known posed an unreasonable risk of harm;
c. In failing to cure the dangerous condition posed by the slippery substances, which
it knew or should have known posed an unreasonable risk of harm;
d. In failing to correct the uneven grate where Plaintiff was required to walk in the
course and scope of his employment; and
e. In failing to place barriers and or warnings to alert Plaintiff of the hazardous wet
and slippery disposal grate.

20. Each of these acts and omissions, whether taken singularly or in combination, was
a breach of Defendants’ duties to Plaintiff and is the proximate cause of the incident made the
basis this suit, and the injuries and damages sustained by Plaintiffs.

IX. DAMAGES
21. As a direct and proximate cause of Defendants’ negligence, Plaintiff sustained
severe bodily injuries which included, but not limited to: a tear in the posterior labrum (requiring
surgery), multi-level herniations in the spine (requiring epidural steroid injections), a dislocated
shoulder, headache, lumbago, myofascial pain, intermittent sexual disfunction, and muscle
spasms. The injuries mentioned have had an adverse effect on Plaintiff’s health and wellbeing,
and as further result of the nature and consequences of her injures, Plaintiff has suffered physical
pain and suffering, anguish and physical impairment and in all responsible probability will
continue to suffer in this manner into the future, if not for the balance of his natural life.
22. Plaintiff has also incurred past lost wages and will incur future impairment of earning
capacity due to the injuries she suffered in this incident.
23. Plaintiff has incurred past reasonable and necessary medical expenses which
exceed the minimum jurisdictional limits of the court and in all likelihood, will continue to incur
future medical expenses as a result of her injuries

X. JURY DEMAND
24. Plaintiff hereby demands a trial by jury.

XI. REQUEST FOR DISCLOSURE
25. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendants
disclose, within 50 days of the service of this request, the information or material described in Rule
194.2.

XII. REQUEST FOR PRODUCTION
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY
26. Pursuant to Rule 196 and 197 of the Texas Rules of Civil Procedure, Plaintiff C. J.
hereby serves Defendant, Bosque Disposal Systems, LLC the following Plaintiff’s First Request
for Production

DEFINITIONS
RFP1. The term “Defendant,” “you,” or “your” shall refer to Bosque Disposal Systems,
LLC and any of its representatives, including but not limited to, any of its employees, officers,
directors, shareholders, associates, agents or attorneys, and any other person acting for, on behalf
of, or under its authority or control.
RFP2. The term “Plaintiff” shall refer to C. J., and any of Plaintiff’s representatives,
including but not limited to, any of his employees, officers, directors, shareholders, associates,
agents or attorneys, and any other person acting for, on behalf of, or under his authority or control.
RFP3. The term “Premises” means the site wherein the accident took place on August 15,
2015. This includes, but is not limited to 11545 FM 917 Alvarado, TX.
RFP4. The term “Petition” means Plaintiffs’ Original Petition and Request for Discovery
and any and all amendments, supplements, or revisions thereto.
RFP5. The term “Grate” shall refer to the grate located at the accident site which made
basis of the complained injury.
RFP6. The term “Incident” shall refer to the accident on January 23, 2016 located at, but not
limited to, 11545 FM 917 Alvarado, TX.
RFP7. The term “person” means and includes any natural person, individual,
proprietorship, association, limited liability company, joint venture, firm, partnership, corporation,
estate, trust, receiver, syndicate, municipal corporation, party and/or any other form of business
enterprise or legal entity, governmental body, group of natural persons or entity, including any
employee or agent thereof.
RFP8. The term “document” means any medium upon which information or intelligence
can be recorded or retrieved, including, without limitation, any written or graphic matter of other
means of preserving thought or expression, and all tangible things from which information can be
processed or transcribed, including the originals and all non-identical copies, whether different
from the original by reason of any notation made on such copy or otherwise, including but not
limited to, correspondence, memoranda, notes, messages, letters, telegrams, teletypes, telefaxes,
electronic mail entries, bulletins, meetings or other communications, inter-office or intra-office
telephone calls, diaries, chronological data, minutes, books, reports, studies, summaries,
pamphlets, bulletins, printed matter, charts, ledgers, invoices, worksheets, receipts, returns,
computer printouts, prospectuses, financial statements, schedules, affidavits, contracts, canceled
checks, statements, transcripts, statistics, surveys, magazine or newspaper articles, releases any and all drafts, alterations and modifications, changes and amendments or any of the foregoing),
graphic or oral records or representations of any kind, including, without limitation, microfilm,
photographs, charts, microfiche, videotape, recordings, voice messages, motion pictures,
minidisks, floppy disks, CD-ROM disks, or mechanical or electronic recordings or representations
of any kind (including without limitation, tapes, cassettes, discs and records). A draft or nonidentical
copy is a separate “document” within the meaning of this term.
RFP9. The term “all documents” means every document or group of documents as defined
above, that are known to you, or that can be located or discovered by reasonably diligent efforts.
RFP10. The term “communication(s)” means every manner or means of disclosure, transfer
or exchange of information, whether in person, by telephone, mail, electronic mail, personal
delivery or otherwise.
RFP11. The words “refer to” or “relate to” shall mean: pertains to, pertaining to, contains,
concerns, describes, embodies, mentions, constituting, supports, corroborates, demonstrates,
provides, evidences, shows, refutes, disputes, rebuts, controverts, or contradicts.
RFP12. A document “relates” or is “relating” to a given subject matter if it constitutes,
contains, comprises, consists of, embodies, identifies, states, refers to, deals with, sets forth,
proposes, shows, evidences, discloses, describes, discusses, explains, summarizes, concerns, or
otherwise addresses in any way the subject matter of the request.
RFP13. “Copy” when used in reference to a document means any color or black and white
facsimile reproduction of a document, regardless of whether that facsimile reproduction is made
by means of carbon papers, pressure sensitive paper, xerography or any other means of process.
RFP14. The term “Request” or “Requests” means Plaintiffs’ Request for Production to
Defendant Bosque Disposal Systems, LLC.
RFP15. As used herein, the singular shall include the plural, the plural shall include the
singular, and the masculine, feminine and neuter shall include each of the other genders.
RFP16. The words “and” and “or” shall be construed either conjunctively or disjunctively to
bring within the scope of these requests and any documents which might otherwise be construed
to be outside their scope.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY Page 10
INSTRUCTIONS FOR REQUESTS FOR PRODUCTION

RFP17. Documents produced in response to these Requests shall be produced as they are
kept in the usual course of business or shall be organized and labeled to correspond with the
categories in the Requests.
RFP18. The Requests are directed to and cover all documents in Defendant’s possession,
custody, or control, or in the possession, custody, or control of Defendant’s representatives,
including but not limited to, any of its employees, agents, or attorneys, and any other person acting
for, on behalf of, or under the authority or control of, Defendant.
RFP19. When producing the documents, please keep all documents segregated by the file in
which the documents are contained and indicate the name of the file in which the documents are
contained, and the name of the documents being produced.
RFP20. You shall produce any documents responsive to these Requests in such a manner
that the source of the documents is easily ascertainable by Plaintiff.
RFP21. When producing the requested documents, please produce all other documents that
are clipped, stapled, or otherwise attached to any requested document.
RFP22. In the event such file(s) or document(s) has (have) been removed, either for the
purpose of this action or for some other purpose, please state the name and address of the person
who removed the file, the title of the file and each sub file, if any, maintained within the file, and
the present location of the file.
RFP23. If you withhold any documents that you are otherwise required to produce by these
Requests, specifically identify each document by stating its date, author, recipients and the reason
for withholding said document.
RFP24. If you object to identifying a document or oral communication on the ground of
privilege or otherwise, state the following for each piece of information withheld in a privilege log
to be served and filed with the court in accordance with the applicable rules of civil procedure:
a. The type of document (i.e., correspondence, memorandum, etc.,) or, if an oral
communication, the place where it was made, the names of the persons present while
it was made, and, if not apparent, the relationship of the persons present to the declarant;
b. The general subject matter of the document or oral communication;
c. The date of the document or when the oral communication was made;
d. The person(s) who authored the document or made the oral communication;
e. The person(s) who received the document or a copy or head the oral communication;
f. The ground(s) for nonproduction; and the substance of the document or oral
communication.
RFP25. If any document herein requested has been lost or destroyed, or is otherwise no
longer in your possession, custody or control, please submit in lieu of each document a written
statement which shall:
a. Describe in detail the nature of the document and its contents

b. Identify the person who prepared or authorized the document, and, if applicable,
the person to whom the document was sent;
c. Specify the date on which the document was prepared or transmitted or both;
d. Specify, if possible, the date of which the document was lost or destroyed and, if
destroyed, the conditions of or reasons for such destruction and the person(s)
requesting and performing the destruction; and
e. If the document was not destroyed, what was done with the document, and the
identity and address of its current custodian or any person with knowledge of its
location.
RFP26. These Requests are continuing in nature so as to require production of any and all
documents which may be in your possession, custody or control between the date of service of this
request and the date on which the above-captioned case is resolved, either by trial or otherwise.

TIME FRAME
Unless otherwise specified within a specific Request, the time frame for these Requests shall be
from ten (10) years back to the present.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY

REQUEST FOR PRODUCTION

REQUEST FOR PRODUCTION NO. 1: Produce any maintenance records for the last two (2)
years that involve the Grate or its component parts.

RESPONSE:
REQUEST FOR PRODUCTION NO. 2: Produce any report or investigation documents
generated by you in response to the Incident.

RESPONSE:
REQUEST FOR PRODUCTION NO. 3: Produce any and all electronically stored or
disseminated correspondence sent by you to any person, corporation, governmental body, or entity
regarding the incident.

RESPONSE:
REQUEST FOR PRODUCTION NO. 4: Produce any sign-in sheet or chart which indicates the
time in and time out of Plaintiff on the Premises for two (2) years before the Incident.

RESPONSE:
REQUEST FOR PRODUCTION NO. 5: Produce the sales receipt or records showing the
purchase date of the Grate or its individual components.

RESPONSE:
REQUEST FOR PRODUCTION NO. 6: Produce any and all records which indicate the date
the Grate, or its individual components, was/were installed.

RESPONSE:
REQUEST FOR PRODUCTION NO. 7: Produce any documents, blueprints, maps, layouts, or
documentation which shows the layout of the Premises and the surrounding area where Plaintiff
was injured.

RESPONSE:
REQUEST FOR PRODUCTION NO. 8: Produce any photographs, videos, or electronic
surveillance taken in response to the Incident.

RESPONSE

REQUEST FOR PRODUCTION NO. 9: Produce any and all electronic surveillance, on any
camera on the Property, taken during the twenty-four (24) hours leading up to the incident.

RESPONSE:
REQUEST FOR PRODUCTION NO. 10: Produce any and all electronic surveillance, on any
camera on the Property, taken in the proceeding twenty-four (24) hours after the incident.

RESPONSE:
REQUEST FOR PRODUCTION NO. 11: Produce any and all photographs, videos, or
electronic surveillance taken of the Grate for the two (2) years leading up to the Incident.

RESPONSE:
REQUEST FOR PRODUCTION NO. 12: Produce all documents evidencing a conviction of
the Plaintiff which you may use at trial, pursuant to Tex. R. Civ. Evid. 609(f).

RESPONSE:
REQUEST FOR PRODUCTION NO. 13: Produce any action plan, special assessment, or
documentation generated in response to the Incident.

RESPONSE:
REQUEST FOR PRODUCTION NO. 14: Produce all diaries, calendars, or other lists or notes
kept by you regarding or related in any way to the incident in question and/or related events that
occurred on the Premises.

RESPONSE:
REQUEST FOR PRODUCTION NO. 15: Produce all documents you have obtained concerning
the Plaintiff’s physical and/or mental condition existing either before or after the incident,
including but not limited to all records obtained from doctors, physicians, medical practitioners,
chiropractors, psychologists, therapists, hospitals, clinics, nursing care or treatment centers, or
other health care providers or facilities, other than those provided to Defendant by Plaintiff.

RESPONSE:
REQUEST FOR PRODUCTION NO. 16: Produce any other active petitions for other lawsuits
in which Plaintiff’s claim personal injury on the Premises.

RESPONSE:
REQUEST FOR PRODUCTION NO. 17: Produce all employment records you have collected
related to Plaintiff.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY

RESPONSE:
REQUEST FOR PRODUCTION NO. 18: Produce any and all recorded or written statements
made by or on behalf of any party, expert, and factual witness relating to the incident in question.

RESPONSE:
REQUEST FOR PRODUCTION NO. 19: Produce the complete and entire claims file that your
insurance company maintains regarding the incident in question.

RESPONSE:
REQUEST FOR PRODUCTION NO. 20: Produce any complaints or witness reports generated
by any person or entity which relate to the safety or integrity of the Grate or its component parts.

RESPONSE:
REQUEST FOR PRODUCTION NO. 21: Produce any and all audits or reports generated by
any person or entity which were hired by you to inspect or maintain the Grate.

RESPONSE:
REQUEST FOR PRODUCTION NO. 22: Produce any and all documents which reflect the
substances or chemicals which are disposed into the Grate or the tank located immediately beneath.

RESPONSE:
REQUEST FOR PRODUCTION NO. 23: Produce any and all documents which reflect your
awareness of the dangers presented by the Grate or its subsequent parts.

RESPONSE:
REQUEST FOR PRODUCTION NO. 24: Produce any manuals or documentation which were
supplied by the manufacturer of the Grate.

RESPONSE:
REQUEST FOR PRODUCTION NO. 25: Produce any contract between you and maintenance
companies who were/are in charge of providing service to the grate or its component parts.

RESPONSE:

XIII. PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully pray that Defendants
be cited to appear and answer herein, and upon final hearing, Plaintiff have and recover from
Defendants compensation for past medical expenses, future medical expenses, past pain and
suffering, future pain and suffering, past emotional distress, future emotional distress, and past
mental anguish, future mental anguish, costs of court, pre-judgment and post-judgment interest in
the highest lawful rate, and any further relief both at law and in equity to which Plaintiff may be
justly entitled.

Respectfully Submitted,

ROCHELLE MCCULLOUGH, L.L.P.
By: /s/ Wesley H. M. Gould
Wesley H. M. Gould
State Bar No. 24095214
wgould@romclawyers.com
Gregory H. Bevel
State Bar No. 02275800
greg.bevel@romclawyers.com
325 N. St. Paul Street, Suite 4500
Dallas, Texas 75201
(214) 953-0182 Telephone
(214) 953-0185 Facsimile
ATTORNEYS FOR PLAINTIFFS

 

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