20-dcv-272624 cause no. jahalyia chambers § in the … · 2020-03-28 · 6. plaintiff, jahalyia...

Plaintiff’s Original Petition and Discovery to Defendant Tuscany Village Salons Due, LLC of 6

CAUSE NO. ______________ JAHALYIA CHAMBERS § IN THE DISTRICT COURT OF

§ Plaintiff, §

§ VS. § FORT BEND COUNTY, TEXAS § TUSCANY VILLAGE SALONS DUE, LLC § §

Defendant. § ________ JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION AND PLAINTIFF’S DISCOVERY TO DEFENDANT

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff, Jahalyia Chambers, hereby files this Original Petition and complains of Tuscany

Village Salons Due LLC, Defendant herein, and for causes of action would respectfully show

unto this Honorable Court and Jury as follows:

I. DISCOVERY PLAN

1. Discovery in this case is to be conducted under Level 3 of Rule 190.4 of the

Texas Rules of Civil Procedure.

II. PARTIES

2. Plaintiff, Jahalyia Chambers, is a natural person residing in Fort Bend County,

Texas.

3. Defendant Tuscany Village Salons Due LLC, (hereinafter “Defendant” or

“Tuscany”) is a Texas corporation and may be served with process by serving its registered agent

for service of process, Charles M. Thorp, Jr., located at 3355 Bee Cave Rd., Suite 101, Austin,

Texas 78746.

District ClerkFort Bend County, Texas

Beverley McGrew Walker

Filed 3/25/2020 5:04 PM

20-DCV-272624Ashley Alaniz

Fort Bend County - 458th Judicial District Court


III. VENUE AND JURISDICTION

4. Venue is proper in Fort Bend County, Texas, pursuant to §15.002(a)(1) of the

Texas Civil Practice and Remedies Code as all or a substantial part of the events or omissions

giving rise to the claim occurred in Fort Bend County, Texas.

5. Jurisdiction is proper because the amount in controversy exceeds the minimum

jurisdictional limits of this Court. This Court has personal jurisdiction over all parties as set out

in paragraph II.

IV. FACTS

6. Plaintiff, Jahalyia Chambers, is an aesthetician who leased space on Defendant

Tuscany’s premises, located at 4807 Highway 6, Missouri City, Texas 77459 until June 6, 2019.

Based upon information and belief, the Defendant owned the premises and/or Defendant

maintained control of the premises where the incident occurred. The Plaintiff used this space to

conduct business with her clientele, which included manicures and pedicures. As such, the

Plaintiff was a business invitee to whom Defendant owed the duty to use ordinary care in making

its premises reasonably safe and/or warning the Plaintiff of any dangerous conditions and/or

activities existing upon said premises. The Defendant also has a duty to remedy any dangerous

conditions that are brought to its attention.

7. Beginning as early as November 8, 2018, the Plaintiff noticed that the ceiling

panels in her rented space were stained and sagging. She assumed it to be a water leak and

informed the Defendant’s management team at Tuscany. After close to a month, the ceiling tiles

were replaced, though the problem continued to persist. The roof continued to intermittently

change color, stain, and sag from the weight of water. The Plaintiff continually had to inform


management of the issue. The Plaintiff asked the Defendant, on multiple occasions, to move her

to a different rental space within its facility because she feared the roof may collapse. The

Defendant responded on May 12, 2019 that there were no other available spaces, but that they

would fix the air conditioner and even put a pan on a shelf in her space to act as a water catcher.

8. The Plaintiff’s worst fears were realized on June 6, 2019, when the roof in her

rental space suddenly and violently collapsed. After the debris fell on and all around her, the

Plaintiff attempted to move, thereby slipping on the fallen debris, injuring her neck and back.

This incident would not have occurred had the Defendant remedied the situation after Plaintiff’s

multiple attempts to notify it. The Plaintiff’s injuries discussed above proximately cause the

injuries and damages more specifically described herein.

V. NEGLIGENCE

9. On the occasion in question, the Defendant, acting through its agents, servants,

and/or employees who were at all times acting within the course and scope of their employment

committed acts and/or omissions that constituted negligence which proximately cause the

incident in question:

a. Failing to maintain the premises in question in a reasonably safe condition and

free of hazards to Plaintiff and other invitees entering the premises;

b. Failing to correct the unreasonably dangerous condition which was created by the

fallen roof of the premises in question;

c. Failing to properly inspect the premises in question to discover the unreasonably

dangerous condition created by the roof caving in;

d. Failing to properly train its agents, servants, and/or employees regarding the

proper manner in which to make the premises reasonably safe;


e. Failing to implement proper policies, rules, and/or procedures to make its

premises reasonably safe; and

f. Creating the condition through its inaction.

10. Each and all of the above and foregoing acts, both of omission and commission,

singularly or in combination with others, constituted negligence which proximately cause the

occurrence made the basis of this suite, and the Plaintiff’s injuries and damages pled herein.

VI.

DAMAGES

11. As a proximate cause of the Defendant’s negligence, Plaintiff has sustained the

following damages:

a. Medical and hospital charges and expenses in the past;

b. Medical, hospital, and pharmaceutical charges and expenses that, in reasonable

medical probability, will be incurred in the future;

c. Pain and suffering in the past;

d. Pain and suffering that, in reasonable probability, will be suffered in the future;

e. Mental anguish suffered in the past;

f. Mental anguish that, in reasonable probability, will be suffered in the future;

g. Disability and impairment in the past;

h. Disability and impairment that, in reasonable probability, will occur in the future;

i. The loss and/or reduction of earnings and/or earning capacity sustained by the

Plaintiff from the date of the occurrence in question up to the time of trial and will

suffer in the future due to her injuries, as well as the loss of her rental space used

for her business;


j. Physical disfigurement in the past and future; and

k. Loss of enjoyment of life in the past and future.

12. Based on the above enumerated injuries and damages which were caused by the

negligent acts and/or omissions of the Defendant, the Plaintiff pleads for actual damages in an

amount that the jury deems reasonable under the circumstances which exceed the minimum

jurisdictional limit of the Court.

VII. DICOVERY TO DEFENDANT

13. DISCOVERY TO TUSCANY VILLAGE SALONS DUE LLC: Pursuant to

the Texas Rules of Civil Procedure, Plaintiff hereby serves the following discovery requests,

attached hereto as Exhibits 1 – 4, upon Defendant, Tuscany Village Salons Due LLC, which

must be answered by Defendant within 50 days of service of these requests. The discovery

requests are as follows:

a. Exhibit 1: Plaintiff’s Request for Disclosure to Defendant Tuscany.

b. Exhibit 2: Plaintiff’s First Set of Interrogatories to Defendant Tuscany.

c. Exhibit 3: Plaintiff’s First Request for Production to Defendant Tuscany.

d. Exhibit 4: Plaintiff’s First Request for Admissions to Defendant Tuscany.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff, Jahalyia Chambers, prays that

Defendant, Tuscany Village Salons Due, LLC, be cited to appear and answer herein. Plaintiff

also prays that upon final hearing of this cause, that Plaintiff is awarded a judgment against the

Defendant for all damages described herein, including actual damages, costs of suit, pre- and


post-judgment interest at the highest legal rate, and for such other and further relief, both general

and special, at equity and in law, to which Plaintiff may show herself justly entitled.

Respectfully submitted,

KWOK DANIEL LTD., L.L.P.

/s/ Winfield S. Williams Robert S. Kwok SBN: 00789430 Winfield S. Williams SBN: 24090848 Email: [email protected]

9805 Katy Freeway, Suite 850 Houston, Texas 77024 Telephone: 713.773.3380 Facsimile: 713.773.3960 ATTORNEYS FOR PLAINTIFF

Exhibit 1 Page 1 of 3

Plaintiff’s First Request for Disclosure to Defendant Tuscany Village Salons Due, LLC

EXHIBIT 1

CAUSE NO. ______________ JAHALYIA CHAMBERS § IN THE DISTRICT COURT OF

§ Plaintiff, §

§ VS. § FORT BEND COUNTY, TEXAS § TUSCANY VILLAGE SALONS DUE, LLC § §


PLAINTIFF’S REQUEST FOR DISCLOSURE TO DEFENDANT

TO: TUSCANY VILLAGE SALONS DUE, LLC, Defendant herein, may be served with process by serving its registered agent for service of process, Charles M. Thorp, Jr., located at 3355 Bee Cave Rd., Suite 101, Austin, Texas 78746, along with Plaintiff’s Original Petition.

Please take notice that: Pursuant to Rule 194 of the Texas Rules of Civil Procedure, you

are hereby requested to disclose, within fifty (50) days of service of this Request, the information

or material described below:

(a) The correct names of the parties to this lawsuit;

(b) The name, address and telephone number of any potential parties;

(c) The legal theories and, in general, the factual bases of the responding party’s claims or defenses;

(d) The amount and any method of calculating economic damages;

(e) The name, address and telephone number of persons having knowledge of relevant facts, along with a brief statement of each identified person in connection with the case;

(f) For all testifying experts:

(1) The expert’s name, address and telephone number;

(2) The subject matter on which the expert will testify;



(3) The general substance of the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, or otherwise subject to your control, the documents reflecting such information;

(4) If the expert is retained by, employed by, or otherwise subject to your

control:

(A) All documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by or prepared by or for the expert in anticipation of the expert’s testimony; and

(B) The expert’s current resume and bibliography;

(g) Any discoverable indemnity and insuring agreements;

(h) Any discoverable settlement agreements;

(i) Any discoverable witness statements;

(j) All medical records and bills that are reasonably related to the injuries or damages asserted or, in lieu thereof, an authorization permitting the disclosure of such records and bills;

(k) All medical records and bills obtained by you (responding party) by virtue of an

authorization furnished by this (requesting) party. (l) The name, address, and telephone number of any person who may be designated as

a responsible third party. Pursuant to Texas Rule of Civil Procedure 194.4, copies of requested documents and

tangible things must be produced with your response.

Pursuant to Texas Rule of Civil Procedure 194.5, no objections or assertions of work

product are permitted in response to this request.

[signature on next page]







CERTIFICATE OF SERVICE

A true and correct copy of the foregoing document was served on TUSCANY VILLAGE SALONS DUE, LLC, Defendant herein, through its registered agent for service of process, Charles M. Thorp, Jr., located at 3355 Bee Cave Rd., Suite 101, Austin, Texas 78746, along with Plaintiff’s Original Petition, by personal delivery by constable, sheriff, or private process server, by certified mail, or in any other matter authorized by the Court or the Texas Rules of Civil Procedure.

Signed on March 17, 2020.

/s/ Winfield S. Williams Winfield S. Williams


Plaintiff’s First Set of Interrogatories to Defendant Tuscany Village Salons Due, LLC

EXHIBIT 2

CAUSE NO. ______________

JAHALYIA CHAMBERS § IN THE DISTRICT COURT OF §

Plaintiff, § § VS. § FORT BEND COUNTY, TEXAS § TUSCANY VILLAGE SALONS DUE, LLC § §


PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT TUSCANY VILLAGE SALONS DUE, LLC

TO: TUSCANY VILLAGE SALONS DUE, LLC, Defendant herein, may be served with

process by serving its registered agent for service of process, Charles M. Thorp, Jr., located at 3355 Bee Cave Rd., Suite 101, Austin, Texas 78746, along with Plaintiff’s Original Petition.

Plaintiff, JAHALYIA CHAMBERS, hereby serves these Interrogatories pursuant to Rule

192, 193 and 197 of the Texas Rules of Civil Procedure. You are required to serve written

responses under oath within 50 days after service of these Interrogatories.

Pursuant to Rule 193.5 of the Texas Rules of Civil Procedure, you are under an affirmative

duty to reasonably promptly supplement your responses to all discovery requests if you learn that

the responses to written discovery were incomplete or incorrect when made, or are no longer

complete and correct.

As used herein, the following terms shall have the meaning indicated below:



1. “You” or “Your” refers to Defendant, TUSCANY VILLAGE SALONS DUE, LLC (hereinafter “TUSCANY”), and all persons acting on behalf of Defendant in this suit including, but not limited to, Defendant's attorneys, agents, officers, servants, employees, investigators, experts, consultants, informants, or other persons acting or purporting to act on your behalf.

2. “And/or” shall not be interpreted to limit or to create an election whereby the

Defendant may choose one or more alternatives, but shall be interpreted to add to, continue or further the subjects expressed, and to encompass all matters therein.

3. “Defendant” refers to TUSCANY, its agents, servants, employees, members,

subsidiaries, and/or divisions.

4. “Communication” means any contact or act by which information is transmitted or conveyed between two or more persons and includes, without limitation, written contact, whether by letter, memoranda, telegram, telex, facsimile or other document, electronic communication such as e-mail, text message, social media, instant messenger or other type of website messaging, and oral contacts, whether by face-to-face meetings, telephone conversations, electronic communications or otherwise.

5. “Relating” or “relates” means, in addition to its customary and usual meaning,

discussing, referring to, pertaining to, reflecting, evidencing, showing, or recording.

6. “Evidencing” or “evidences” means tending to show, in any probative manner, the existence or nonexistence of any matter.

7. “Person” means natural persons, corporations, partnerships, sole proprietorships,

unions, associations, federations, or any other kind of entity.

8. “Document” means any printed, typewritten, handwritten, mechanically or otherwise recorded matter of whatever character, kind or description including but without limitation, letters, e-mails, purchase orders, records, complaints, manuals, instructions, rules, bulletins, memoranda, telegrams, notes, catalogs, brochures, diaries, reports, calendars, inter or intra office communications, statements, investigative reports, announcements, depositions, newspaper articles, photographs, tape recordings, motion pictures, and any carbon or photographic copies of any such material.

9. “Petition” refers to the Plaintiffs’ Original Petition and any and all amended or

supplemental petitions that Plaintiffs filed in this lawsuit.

10. “Plaintiff” refers to JAHALYIA CHAMBERS. 11. “Lawsuit” refers to all of the claims, whether now asserted or asserted hereafter by

amendment, supplement or otherwise, of any party in the above-styled and numbered cause.



12. The “incident” or “occurrence” is the incident that occurred on or about June 6, 2019, when the ceiling of Defendant’s property collapsed on the Plaintiff.

13. “The premises” shall mean 4807 Highway 6, Missouri City, Texas 77459; and/or

the property at which Plaintiff was present on the date of the incident which forms the basis of this suit; and/or the property known as Tuscany Village Salons where Plaintiff was present on the date of the incident.

14. “Identify” has the following meanings:

(a) When used in reference to a natural person, it means to state the person’s

full name, business affiliation, and title, and the person’s current telephone number, residence address, and business address.

(b) When used in reference to a person other than a natural person, it means to state its full name, form of organization, agent for service of process, address of its principal office, and each of its present business addresses and telephone numbers.

(c) When used in reference to a document, it means to state: (i) the type of

document (letter, memorandum, telegram, chart, etc.); (ii) the name, address, business affiliation, and title of the author or signer thereof; (iii) its date; (iv) the name, address, business affiliation, and title of all addresses and recipients; (v) its present location; and (vi) the name, present address, business affiliation, and title of the person having present custody thereof.

(d) When used in reference to a communication, it means: (i) to state the

manner in which the communication occurred (by document, telephone, text message, social media, meeting, or otherwise); (ii) if the communication was by document, to identify each person who sent and received the document and state the date on which and place to which the document was sent and received; (iii) if the communication was by telephone, to state the date and place of the communication, to identify each natural person who was present during all or part of the communication, and to describe in detail the information communicated by each natural person; (iv) if the communication was by meeting, to state the date and place of the meeting, to identify each natural person who attended the meeting, and to describe in detail the information communicated by each natural person; and (v) if by means other than those described above, to identify each person who received the information communicated, to identify the method in which the communication was sent, to identify each natural person who provided the information communicated, to state the date on which the communication was sent and received, and to describe in detail the information communicated.

If any document requested to be identified was but is no longer in your possession or

control or is no longer in existence, state whether it is:

1. Missing or lost,



2. Destroyed, 3. Transferred voluntarily or involuntarily to others, and if so, to whom, or 4. Otherwise disposed of; and in each instance explain the circumstances

surrounding an authorization of such disposition thereof, state the approximate date thereof, and describe its contents.











PLAINTIFF’S FIRST SET OF

INTERROGATORIES TO DEFENDANT TUSCANY VILLAGE SALONS DUE, LLC INTERROGATORY NO. 1:

Identify the full name, last known address and telephone number, and job title of each person responsible for safety, maintenance, and/or inspection of the real property owned or leased by TUSCANY, where the incident giving rise to this suit occurred, as of the date where the incident occurred that forms the basis of this lawsuit, and for the two years preceding the date of the incident. ANSWER: INTERROGATORY NO. 2:

Identify the full name, last known address and telephone number, if known, of any person who has claimed any personal injury which occurred on Defendant’s premises which forms the basis of this lawsuit within the last 5 years and identify with reasonable particularity any written record of each claim made. ANSWER: INTERROGATORY NO. 3:

Identify the full name, last known address and telephone number, if known, of all persons who have served as a manager of the Defendant’s premises which forms the basis of this lawsuit, within the past 5 years, stating the time period said person was a manager. ANSWER: INTERROGATORY NO. 4:

Identify the full name, last known address and telephone number, if known, of any and all persons who have complained of any dangerous conditions, designs or defects, including but not limited to roof defects, existing at Defendant’s premises (where the incident occurred which forms the basis of this lawsuit) within the past 5 years and identify with reasonable particularity any



written record made of the complaint(s), and the result of any action subsequently taken by your company to remedy, alter, prevent, settle or otherwise react to such complaint(s). ANSWER:



INTERROGATORY NO. 5:

Identify the full name, last known address and telephone number, if known, of any person who witnessed the incident mad ethe basis of this lawsuit and who madea report or investigation of the incident in question in the ordinary course of business at or near the time the Defendant became aware of the incident at issue and identify with reasonable particularity any written record of the report or investigation. ANSWER: INTERROGATORY NO. 6:

Identify every person interviewed or contacted in any manner with regard to any Investigation identified in Interrogatory No. 5. If these persons gave a written or recorded statement, identify the current custodian(s) of the statement or recording. If the communication inquired about was oral, please state the date and substance of the communication fully and in detail. ANSWER: INTERROGATORY NO. 7:

Identify the full name, last known address and telephone number, if known, of any person who made a report or investigation of the nature and extent of any injuries alleged by the Plaintiff in the ordinary course of business at or near the time the Defendant became aware of any injuries and identify with reasonable particularity any written record of the report or investigation. ANSWER: INTERROGATORY NO. 8:

Identify every person interviewed or contacted in any manner with regard to any investigation identified in Interrogatory No. 7. If these persons gave a written or recorded statement, identify the current custodian(s) of the statement or recording. If the communication inqured about was oral, please state the date and substance o the communication fully and in detail. ANSWER: INTERROGATORY NO. 9:

State the date and time Defendant became aware of an alleged dangerous condition or defect existing where the roof caved in on the Plaintiff, and identify with reasonable particularity any statements or writings related to when Defendant became aware of same.

ANSWER:



INTERROGATORY NO. 10:

State the date and time Defendant inspected the site where the roof and/or ceiling collapsed, if any, and identify with reasonable particularity any writings, photographs, and/or electronic entries which evidence, reflect, refer to, and/or otherwise document the inspection, if any. ANSWER: INTERROGATORY NO. 11: Idetnify any statements, handbooks, procedure manuals, or written policies of the Defendant relating to safety, inspection, maintenance, or repair of anypart of Defendant’s premises which was in existence at the time of the incident in question, or which ahs been subsequently issued. ANSWER: INTERROGATORY NO. 12:

Identify the corporate representative(s) who will testify on behalf of TUSCANY in trial in this matter. ANSWER:


Plaintiff’s First Request for Production to Defendant Tuscany Village Salons Due, LLC

EXHIBIT 3

CAUSE NO. ______________




PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT TUSCANY VILLAGE SALONS DUE, LLC



Plaintiff, JAHALYIA CHAMBERS, hereby serves these Requests for Production pursuant

to Tex. R. Civ. P. 192, 193, and 196. You are required to respond within fifty (50) days after

service of these Requests.

Pursuant to Rule 193.5 of the Texas Rules of Civil Procedure, you are under an affirmative

duty to reasonably promptly supplement your responses to all discovery requests if you learn that

the responses to written discovery were incomplete or incorrect when made, or are no longer

complete and correct.




1. “You” or “Your” refers to Defendant, TUSCANY VILLAGE SALONS DUE, LLC (hereinafter “TUSCANY”), and all persons acting on behalf of Defendant in this suit including, but not limited to, Defendant's attorneys, agents, officers, servants, employees, investigators, experts, consultants, informants, or other persons acting or purporting to act on your behalf.


Defendant may choose one or more alternatives, but shall be interpreted to add to, continue or further the subjects expressed, and to encompass all matters therein.

3. “Defendant” refers to TUSCANY, its agents, servants, employees, members,

subsidiaries, and/or divisions.

4. “Communication” means any contact or act by which information is transmitted or conveyed between two or more persons and includes, without limitation, written contact, whether by letter, memoranda, telegram, telex, facsimile or other document, electronic communication such as e-mail, text message, social media, instant messenger or other type of website messaging, and oral contacts, whether by face-to-face meetings, telephone conversations, electronic communications or otherwise.



6. “Evidencing” or “evidences” means tending to show, in any probative manner, the existence or nonexistence of any matter.

7. “Person” means natural persons, corporations, partnerships, sole proprietorships,

unions, associations, federations, or any other kind of entity.

8. “Document” means any printed, typewritten, handwritten, mechanically or otherwise recorded matter of whatever character, kind or description including but without limitation, letters, e-mails, purchase orders, records, complaints, manuals, instructions, rules, bulletins, memoranda, telegrams, notes, catalogs, brochures, diaries, reports, calendars, inter or intra office communications, statements, investigative reports, announcements, depositions, newspaper articles, photographs, tape recordings, motion pictures, and any carbon or photographic copies of any such material.

9. “Petition” refers to the Plaintiffs’ Original Petition and any and all amended or

supplemental petitions that Plaintiffs filed in this lawsuit.

10. “Plaintiff” refers to JAHALYIA CHAMBERS.



11. “Lawsuit” refers to all of the claims, whether now asserted or asserted hereafter by

amendment, supplement or otherwise, of any party in the above-styled and numbered cause.

12. The “incident” or “occurrence” is the incident that occurred on or about June 6,

2019, when the ceiling of Defendant’s property collapsed on the Plaintiff.

13. “The premises” shall mean 4807 Highway 6, Missouri City, Texas 77459; and/or the property at which Plaintiff was present on the date of the incident which forms the basis of this suit; and/or the property known as Tuscany Village Salons where Plaintiff was present on the date of the incident.




(b) When used in reference to a person other than a natural person, it means to

state its full name, form of organization, agent for service of process, address of its principal office, and each of its present business addresses and telephone numbers.




manner in which the communication occurred (by document, telephone, text message, social media, meeting, or otherwise); (ii) if the communication was by document, to identify each person who sent and received the document and state the date on which and place to which the document was sent and received; (iii) if the communication was by telephone, to state the date and place of the communication, to identify each natural person who was present during all or part of the communication, and to describe in detail the information communicated by each natural person; (iv) if the communication was by meeting, to state the date and place of the meeting, to identify each natural person who attended the meeting, and to describe in detail the information communicated by each natural person; and (v) if by means other than those described above, to identify each person who received the information communicated, to identify the method in



which the communication was sent, to identify each natural person who provided the information communicated, to state the date on which the communication was sent and received, and to describe in detail the information communicated.



1. Missing or lost, 2. Destroyed, 3. Transferred voluntarily or involuntarily to others, and if so, to whom, or 4. Otherwise disposed of; and in each instance explain the circumstances


Respectfully submitted, KWOK DANIEL LTD., L.L.P.









PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT TUSCANY VILLAGE SALONS DUE, LLC

REQUEST FOR PRODUCTION NO. 1:

All policies of liability insurance, both primary and excess, relating to insurance coverage for any defendant (both named and unnamed) insofar as it has any interest or involvement with the premises which were in effect at the time of the occurrence in question or which are now available to satisfy a settlement or judgment in this case. RESPONSE: REQUEST FOR PRODUCTION NO. 2:

All documents relating to a reservation of rights (if any) from any insurance carrier related to this claim. RESPONSE: REQUEST FOR PRODUCTION NO. 3:

All contracts, agreements and/or documents between any owners and management company(ies) of the premises between 01/01/2018 and up to the present. RESPONSE: REQUEST FOR PRODUCTION NO. 4:

All contracts, agreements and/or documents between any owners and maintenance company(ies) of the premises between 01/01/2018 and up to the present. RESPONSE: REQUEST FOR PRODUCTION NO. 5:

All company policy and procedure manual(s), in effect for Defendant between 01/01/2018 and up to the present.

RESPONSE: REQUEST FOR PRODUCTION NO. 6:

All documents in your possession regarding Jahalyia Chambers’ past work history, income, or taxes not previously produced. RESPONSE:



REQUEST FOR PRODUCTION NO. 7: All medical reports in your possession concerning the medical history or condition of

Jahalyia Chambers not previously produced.

RESPONSE:


All budgets prepared relating to TUSCANY, located at 4807 Highway 6, Missouri City, Texas 77459 for the period between 01/01/2018 up until the present. RESPONSE:


All budgets relating to TUSCANY, located at 4807 Highway 6, Missouri City, Texas 77459 for the 24-month period prior to and including the occurrence in question relevant to maintenance, improvement, and repairs of the roof and interior roof tiles. RESPONSE: REQUEST FOR PRODUCTION NO. 10: All investigations, studies, surveys, audits and or research that was conducted by or on behalf of the defendant in the ordinary course of business, prior to the occurrence in question, relevant to identifying and/or quantifying the risk of an occurrence of the general nature claimed in this instance occurring at and/or immediately within the vicitiny of the incident giving rise to this suit. RESPONSE: REQUEST FOR PRODUCTION NO. 11:

Any and all contracts of any sort, including but not limited to contracts pespecting the payments of management fees or any other type of fees, performance of management services and/or consultation, lending of funds, or the providing of services between Defendant any any other entity, including through its subsidiary or affilitate, which were in effect at any time from 01/01/2018 to the present. RESPONSE: REQUEST FOR PRODUCTION NO. 12:



Any and all records necessary to show the amount of any and all management fees and/or

fees of any designation, passing between any Defendant and/or any other parent, subsidiary, or affiliate entity or corporation of Defendant at any time from 01/01/2018 to the present.

RESPONSE:


A list of the approved vendors/repair personnel for the property commonly known as TUSCANY, located at 4807 Highway 6, Missouri City, Texas 77459. RESPONSE: REQUEST FOR PRODUCTION NO. 14:

All contracts, agreements, job description, and/or other documents between the owners and/or management company, and the manager(s), assistant manager(s), leasing agent, and maintenance personnel of the premises between 01/01/2018 to the present. RESPONSE: REQUEST FOR PRODUCTION NO. 15:

All investigative reports, incident reports, statements, and/or other documentation of the incident involving Jahalyia Chambers on or about June 6, 2019, including any statement taken from Jahalyia Chambers. RESPONSE: REQUEST FOR PRODUCTION NO. 16:

All personnel files for all personnel providing management and/or maintenance services at the premises commonly known as TUSCANY, located at 4807 Highway 6, Missouri City, Texas 77459 from 01/01/2018 to the present. RESPONSE: REQUEST FOR PRODUCTION NO. 17: All requests or complaints from anyone regarding maintenance, including but not limited to leaks from the roof.



RESPONSE: REQUEST FOR PRODUCTION NO. 18: All incident reports filed or prepared by management personnel at TUSCANY, located at 4807 Highway 6, Missouri City, Texas 77459 from 01/01/2018 to the present.

RESPONSE:


All notes, memoranda, treatises, correspondence, and reports prepared by or for any expert witness whom you expect to call to testify at trial.


All surveillance reports, investigative notes, photographs, movies, or videotapes taken during an investigation of Jahalyia Chmabers at any time prior to trial of the case.


All indemnity agreements between Defendant and any other party, including but not

limited to any subsidiary or parent company. RESPONSE:


Copies of any and all accident reports file regarding similar incidents that occurred at TUSCANY, located at 4807 Highway 6, Missouri City, Texas 77459 for the period 01/01/2018 to the present.

RESPONSE:


All documents, handbooks, procedure manuals, training manuals, or written policies of the defendant relating to maintenance employees.



RESPONSE:


A copy of all requests for repairs, notices, correspondence, text messages, or complaints regarding the roof that caused the incident giving rise to this suit, including but not limited to, letters, correspondence, emails, facsimiles, text messages, or any other form of communication to any party, person or entity.


A copy of all requests for repair, notices or complaints regarding roof leaks, including but not limited to letters, correspondence, emails, facsimiles, messages or any other form of communication to any party, person or entity.

RESPONSE:


A copy of all repair estimates, invoices, bills or jobs regarding the roof that caused the incident made the basis of this lawsuit, from 01/01/2018 to the present. RESPONSE: REQUEST FOR PRODUCTION NO. 27:

A copy of all correspondence, emails, letters, messages or other communications between defendant an/dor any of its agents or employees from 01/01/2018 to the present, regarding this incident or incidents which in the vicinity. RESPONSE: REQUEST FOR PRODUCTION NO. 28:

A copy of all correspondence, emails, etters, message or other communications between defendant and any repair or maintenance company and/or any of its agents or employees form 01/01/2018 to the present, regarding this incident or incidents which occurred in a similar fashion, arising from issues with water leaks in the roof. RESPONSE: REQUEST FOR PRODUCTION NO. 29:



All contracts, agreements, and/or documents between any owners and lessees of the premises between 01/01/2018 to the present. RESPONSE: REQUEST FOR PRODUCTION NO. 30: The incident reports associated with the incident giving rise to this suit. RESPONSE: REQUEST FOR PRODUCTION NO. 31:

Please produce any and all factul observations, texts, supporting data, calculations, reports, photographs, and/or opinions prepared by, relied on, or reviewed by your retained experts in connection with Plaintiff’s claims. If no such factual observations, tests, supporting data, calculations, reports, photographs and/or opinions have not been reduced to tangible form, please do so and produce same as soon as possible. RESPONSE: REQUEST FOR PRODUCTION NO. 32:

All documents that reflect any investigations that you or any other party or potential party has made into the facts and circumstances surrounding the incident made the basis of this lawsuit, excluding attorney/client privileged communications or attorney work product. RESPONSE: REQUEST FOR PRODUCTION NO. 33:

True and correct copies of any and all documents, phtogoraphs, drawings, diagrams, or other documents or materials relevant to the claims set forth in this lawsuit obtained by you through deposition by written questions, or subpoena as a result of this lawsuit. RESPONSE:

Exhibit 2 Plaintiff’s First Set of Interrogatories to Defendant Tuscany Village Salons Due, LLC.

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EXHIBIT 4

CAUSE NO. ______________




PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT TUSCANY VILLAGE SALONS DUE, LLC



Plaintiff, JAHALYIA CHAMBERS, hereby serves this Request for Admissions pursuant

to Rule 192, 193 and 197 of the Texas Rules of Civil Procedure. You are required to serve

written responses under oath within 50 days after service of this Request.

Pursuant to Rule 193.5 of the Texas Rules of Civil Procedure, you are under an

affirmative duty to reasonably promptly supplement your responses to all discovery requests if

you learn that the responses to written discovery were incomplete or incorrect when made, or are

no longer complete and correct.


1. “You” or “Your” refers to Defendant, TUSCANY VILLAGE SALONS DUE, LLC (hereinafter “ TUSCANY”), and all persons acting on behalf of Defendant in this suit including, but not limited to, Defendant's attorneys, agents, officers, servants, employees, investigators, experts, consultants, informants, or other persons acting or purporting to act on your behalf.


Defendant may choose one or more alternatives, but shall be interpreted to add to,

Exhibit 4 Plaintiff’s First Request for Admission to Defendant Tuscany Village Salons Due, LLC.

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continue or further the subjects expressed, and to encompass all matters therein.

3. “Defendant” refers to TUSCANY, its agents, servants, employees, members, subsidiaries, and/or divisions, and when applicable, the other defendants in this case.

4. “Communication” means any contact or act by which information is transmitted

or conveyed between two or more persons and includes, without limitation, written contact, whether by letter, memoranda, telegram, telex, facsimile or other document, electronic communication such as e-mail, text message, social media, instant messenger or other type of website messaging, and oral contacts, whether by face-to-face meetings, telephone conversations, electronic communications or otherwise.



6. “Evidencing” or “evidences” means tending to show, in any probative manner,

the existence or nonexistence of any matter.

7. “Person” means natural persons, corporations, partnerships, sole proprietorships, unions, associations, federations, or any other kind of entity.

8. “Document” means any printed, typewritten, handwritten, mechanically or

otherwise recorded matter of whatever character, kind or description including but without limitation, letters, e-mails, purchase orders, records, complaints, manuals, instructions, rules, bulletins, memoranda, telegrams, notes, catalogs, brochures, diaries, reports, calendars, inter or intra office communications, statements, investigative reports, announcements, depositions, newspaper articles, photographs, tape recordings, motion pictures, and any carbon or photographic copies of any such material.

9. “Petition” refers to the Plaintiff’s/Plaintiffs’ Original Petition and any and all

amended or supplemental petitions that Plaintiff(s) filed in this lawsuit.

10. “Plaintiff” refers to JAHALYIA CHAMBERS. 11. “Lawsuit” refers to all of the claims, whether now asserted or asserted hereafter

by amendment, supplement or otherwise, of any party in the above-styled and numbered cause.

12. The “incident” or “occurrence” is the incident that occurred on or about June 6,

2019, when the ceiling of Defendant’s property collapsed on the Plaintiff. 13. “The premises” shall mean 4807 Highway 6, Missouri City, Texas 77459; and/or


Page 3 of 7

the property at which Plaintiff was present on the date of the incident which forms the basis of this suit; and/or the property known as Tuscany Village Salons where Plaintiff was present on the date of the incident.




(b) When used in reference to a person other than a natural person, it means to

state its full name, form of organization, agent for service of process, address of its principal office, and each of its present business addresses and telephone numbers.




manner in which the communication occurred (by document, telephone, text message, social media, meeting, or otherwise); (ii) if the communication was by document, to identify each person who sent and received the document and state the date on which and place to which the document was sent and received; (iii) if the communication was by telephone, to state the date and place of the communication, to identify each natural person who was present during all or part of the communication, and to describe in detail the information communicated by each natural person; (iv) if the communication was by meeting, to state the date and place of the meeting, to identify each natural person who attended the meeting, and to describe in detail the information communicated by each natural person; and (v) if by means other than those described above, to identify each person who received the information communicated, to identify the method in which the communication was sent, to identify each natural person who provided the information communicated, to state the date on which the communication was sent and received, and to describe in detail the information communicated.




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1. Missing or lost, 2. Destroyed, 3. Transferred voluntarily or involuntarily to others, and if so, to whom, or 4. Otherwise disposed of; and in each instance explain the circumstances


Respectfully submitted, KWOK DANIEL LTD., L.L.P.

/s/ Winfield S. Williams Robert S. Kwok SBN: 00789430 Winfield S. Williams SBN: 24090848 Email: [email protected] 9805 Katy Freeway, Suite 850 Houston, Texas 77024 Telephone: 713.773.3380 Facsimile: 713.773.3960 ATTORNEYS FOR PLAINTIFF






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PLAINTIFF’S FIRST REQUEST FOR ADMISSION TO DEFENDANT TUSCANY VILLAGE SALONS DUE, LLC

REQUEST FOR ADMISSION NO. 1:

Admit that you have been sued in the proper capacity. RESPONSE:


Admit or deny that Plaintiff was present at your premises on June 6, 2019. RESPONSE:


Admit or deny that Plaintiff was present at 4807 Highway 6, Missouri City, Texas 77459 on June 6, 2019. RESPONSE:


Admit or deny that Plaintiff was injured at 4807 Highway 6, Missouri City, Texas 77459 on June 6, 2019. RESPONSE: REQUEST FOR ADMISSION NO. 5: Admit or deny that Plaintiff leased space at the premises on June 6, 2019. RESPONSE: REQUEST FOR ADMISSION NO. 6: Admit or deny that TUSCANY has policies pertaining to maintenance of lessee space. RESPONSE: REQUEST FOR ADMISSION NO. 7: Admit or deny that prior to June 6, 2019, individuals other than Plaintiff had reported injuries alleged to have occurred at the premises.


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RESPONSE: REQUEST FOR ADMISSION NO. 8:

Admit or deny that debris from the collapsed ceiling on the floor of the premises caused Plaintiff injuries. RESPONSE:


Admit or deny that Plaintiff did nothing to cause the ceiling collapse and her subsequent fall from the resulting debris. RESPONSE:


Admit or deny that the ceiling in the space Plaintiff leased from the Defendant collapsed. RESPONSE:


Admit or deny that footage pertaining to the incident exists. RESPONSE:


Admit or deny that video footage of the incident is in your possession. RESPONSE:


Admit or deny that on June 6, 2019, you were the owner of the premises. RESPONSE:


Admit or deny that before June 6, 2019, Plaintiff told an agent of TUSCANY about the ceiling.


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RESPONSE:


Admit or deny that before June 6, 2019, Plaintiff was present at your premises for business purposes. RESPONSE:


Admit or deny that before June 6, 2019, TUSCANY did nothing to repair the ceiling. RESPONSE:


Admit or deny that at the time of the incident, you owned the premises. RESPONSE:

20-dcv-272624 cause no. jahalyia chambers § in the … · 2020-03-28 · 6. plaintiff, jahalyia...

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