CAUSE NO. 236-292232-17
IN THE DISTRICT COURT
______ JUDICIAL DISTRICT
QUALITY CARRIERS, INC., QC
ENERGY RESOURCES, INC.,
CHESAPEAKE OPERATING, LLC,
AND LUCKY COUSINS TRUCKING,
TARRANT COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES M.B. (“Plaintiff”) in the above-numbered and styled cause, complaining of
Quality Carriers, Inc, QC Energy Resources, Inc., Chesapeake Operating, LLC., Lucky Cousins
Trucking, Inc. (collectively, “Defendants”), and files this as his Original Petition and Request for
Disclosure, for cause of action would respectfully show the Court as follows:
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
2. Plaintiff is an individual residing in Fort Worth, Tarrant County, Texas.
3. Defendant Quality Carriers, Inc. is a 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, at 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218, or where ever it may be found.
4. Defendant QC Energy Resources, Inc. is a corporation authorized to do business in Texas. It may be served through its Registered Agent, Corporation Service Company d/b/a CSCLawyers Incorporating Service Company, at 211 E. 7th Street, Suite 620, Austin, Texas 78701-3218, or where ever it may be found.
5. Defendant Chesapeake Operating, LLC is a company authorized to do business in Texas. It may be served through its Registered Agent, CT Corporation System, at 350 N. Saint Paul Street, Suite 2900, Dallas, Texas 75201, or wherever it may be found.
6. Defendant Lucky Cousins Trucking, LLC is a company authorized to do business in Texas. It may be served through its Registered Agent, Persis Wahba, at 129 W. 50th Street, Apt. 1F, Bayonne, New Jersey 07002, or wherever he 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 $200,000 but not more than $1,000,000.
10. 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.
11. On or about August 15, 2015, M.B. was gainfully employed by Quality Carriers, Inc. doing business as QC Energy Resources, Inc. During the scope of his employment with Quality Carriers, Plaintiff routinely drove to various oil sites in order to deliver goods and materials. One of Quality Carrier’s clients is Chesapeake Energy, Inc.
12. On or about August 15, 2015, Plaintiff drove, at the request of his employer, to a job site located in the proximity of the Mary’s Creek B 5H oil and gas well, Tarrant County, TX. This site was owned and operated by Chesapeake Operating, LLC. In order to complete his job, Plaintiff was tasked with climbing a ladder to get to the opposite end of a salt water tank. The ladder in question had two ends of stairs connected by a horizontal platform which acted as a crosswalk over the water tank barrier. The ladder was not fastened or bolted to the ground in any way.
13. The ladder had maintained heavy use, and by all accounts, was poorly maintained. Nevertheless, Plaintiff was required to use the ladder platform at the behest of his employer for safety purposes. Plaintiff climbed over the forward side of the ladder without issue. However, when he reached the top of the platform, Plaintiff’s weight and the uneven surface upon which the ladder was
placed, caused the ladder to rock forward. The inertia and forward momentum due to the sudden shift in the ladder, caused plaintiff’s body to fly forward. Despite his attempts to keep balance, Plaintiff was unable to maintain his balance and his body tumbled off the structure.
14. Plaintiff braced for impact and attempted to mitigate damage to his face by placing his hands in front of his body. Unfortunately, due to the height of the structure, Plaintiff suffered significant damage to his wrists which ultimately required surgical intervention.
VI. CAUSES OF ACTION
COUNT 1: NEGLIGENCE
15. Plaintiff adopt and incorporate each and every allegation of the aforementioned paragraphs as if set forth herein verbatim.
16. 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 keep, provide, and maintain a place of employment that was reasonably safe and healthful form.M.B.;
b) In failing inspect the premises for foreseeable defects in company equipment;
c) In failing to properly secure or fasten the ladder to the ground;
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 a metal structure not bolted or fastened to the ground in any fashion would have the tendency to shift and teeter during the course of its regular, intended use. 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
1. 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.
2. Defendants 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 ladder to ensure that it was properly secured;
c) In failing to cure the dangerous condition posed by the unfastened ladder, which it
knew or should have known posed an unreasonable risk of harm;
d) In failing to place warnings to alert Plaintiff of the hazardous structure; and
e) In failing to notice or attempt to rectify or make safe the hazardous, unsafe
conditions imposed on workers who were required to use the unfastened ladder.
18. 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.
19. As a direct and proximate cause of Defendants’ negligence, M.B. sustained severe bodily injuries which included, but not limited to: carpal tunnel (requiring surgery), neck pain, headache, lumbago, myofascial pain, and muscle spasms. The injuries mentioned have had an adverse effect on M.B.’s health and wellbeing, and as further result of the nature and consequences of her injures, M.B. 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.
20. M.B. has also incurred past lost wages and will incur future impairment of earning capacity due to the injuries she suffered in this incident.
21. M.B. 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
22. Plaintiff hereby demands a trial by jury.
IX. REQUEST FOR DISCLOSURE
23. 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.
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.
ROCHELLE MCCULLOUGH, L.L.P.
By: /s/ Wesley H. M. Gould
Wesley H. M. Gould
State Bar No. 24095214
Gregory H. Bevel
State Bar No. 02275800
325 N. St. Paul Street, Suite 4500
Dallas, Texas 75201
(214) 953-0182 Telephone
(214) 953-0185 Facsimile
ATTORNEYS FOR PLAINTIFFS