L.T., V. XTO Energy Inc.,

Posted on : April 3, 2018
L.T. V. XTO Energy Inc. Case

CAUSE NO. 048-298357-18

IN THE DISTRICT COURT
______ JUDICIAL DISTRICT

TARRANT COUNTY, TEXAS

L.T.,
Plaintiff,
v.
XTO Energy Inc.,
Defendant.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES L.T. (“Plaintiff”) in the above-numbered and styled cause, complaining of
XTO Energy Inc. (“Defendant”), and files this as her Original Petition and Request for Disclosure,
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 she sustained
as a direct and proximate result of Defendant’s failure to use ordinary care to protect her from
dangers which Defendant knew, or should have known, existed at the time of her injury.

II. PARTIES
2. Plaintiff is an individual residing in Fort Worth, Tarrant County, Texas. The last
three digits of Plaintiff’s social security number are 604.
3. Defendant XTO Energy, Inc. is a foreign for-profit corporation authorized to do
business in Texas. It may be served through its Registered Agent, Corporation Service Company d/b/a
CSC-Lawyers Incorporating Service Company, 211 E. 7th St., Suite 620, Austin, TX 78701, or where
ever it may be found.

III. VENUE AND JURISDICTION
7. 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.
8. Jurisdiction is proper in that the damages sought well exceed the minimum
jurisdictional limits of the Court.
9. Plaintiff seeks damages in excess of $1,000,000.

IV. DISCOVERY
10. Plaintiff intends 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. FACTS
11. On or about March 15, 2016 at around 8:20 p.m. L.T. was employed by Three Star
Daylighting. Plaintiff drove a commercial vehicle for the company, and worked in the capacity of a
“water-hauler.” Her duties were to load water from a well site onto a truck and to drive to a disposal
facility to dump the contents.
12. Plaintiff’s employer contracted with XTO Energy, Inc. at their Forest Park A Unit 1H
facility in Tarrant County. On this occasion, Plaintiff was tasked with loading her truck at the Forest
Park facility, which required her to hook a line from her truck to a water tank to export its contents.
After Plaintiff had finished loading her vehicle, she crossed a “containment wall” to unhook her hose.
However, when she crossed the wall, she stepped in an unseen hole that was not visible in the dark.
Stepping into the hole caused Plaintiff to lose her balance and she tripped and fell forward into a yellow
concrete pole. Plaintiff attempted to mitigate her injury by crossing her arms in front of her face, but
this caused her elbow to make direct contact with the pole.

13. Upon further inspection of the premises, it is apparent that several large and small holes
line the work area where employees and contractors are required to work. The entirety of the site is
made of dirt and lacks any concrete barriers which would provide a stable surface.

 

VI. CAUSES OF ACTION
COUNT 1: NEGLIGENCE
14. Plaintiff adopts and incorporates 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 Defendant in one or more of the
following respects:
a) In failing to keep, provide, and maintain a place of employment that
was reasonably safe;
b) In failing inspect the premises for foreseeable defects on the
property;
c) In failing to properly maintain the premise to ensure the property
would not develop holes;
d) In failing to fill or fix holes that had developed;
e) In failing to put in place a concrete surface for workers to step on
while loading tanker trucks; and
f) In failing to place adequate lighting to ensure workers could see and
avoid dangerous conditions.
16. 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 holes and ruts would
develop at the job site due to weather conditions and tanker trucks routinely driving through the
area. Defendant owed a duty to ensure their premises was in a suitable condition for workers, and

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
by failing to act or fix their premises, violated that duty which caused Plaintiff’s significant
injuries.

COUNT 2: PREMISES LIABILITY
17. Plaintiffs adopt and incorporate paragraphs 1-16 above and allege that Defendant
owed Plaintiff a duty of ordinary care to keep the areas it controlled in a reasonably safe condition.
18. Defendant breached the aforementioned duty in one or more of the following
respects:
a) In creating a hazard by failing to maintain a safe working environment;
b) In failing to inspect the premises to ensure that it was properly maintained;
c) In failing to cure the dangerous condition posed by the unsafe work environment,
which it knew or should have known posed an unreasonable risk of harm;
d) In failing to place warnings to alert Plaintiff of the risks imposed by using or
operating a tanker truck on their premises; and
e) In failing to notice or attempt to rectify or make safe the hazardous, unsafe
conditions imposed on workers who were required to work on Defendant’s premises.
19. Each of these acts and omissions, whether taken singularly or in combination, was
a breach of Defendant’s duties to Plaintiff and is the proximate cause of the incident made the
basis this suit and the injuries and damages sustained by Plaintiff.

VII. DAMAGES
20. As a direct and proximate cause of Defendant’s negligence, Plaintiff sustained
severe bodily injuries which included, but not limited to, a rotator cuff tear, wrist strain, back pain,
and other injuries which required surgical intervention. 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, loss of earning capacity, and in all responsible probability will continue to suffer in this manner into the future, if not for the balance of her natural life.
21. Plaintiff has also incurred past lost wages and will incur future impairment of earning
capacity due to the injuries she suffered in this incident.
22. 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

VIII. JURY DEMAND
23. Plaintiff hereby demands a trial by jury.

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

X. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully pray that Defendant be
cited to appear and answer herein, and upon final hearing, Plaintiff have and recover from
Defendant 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.

PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Respectfully Submitted,

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

Posted in : Gregory H. Bevel

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