Fed 972172016 10:14:04 AM Public tation: Oc: Publick Patt Flores Dievet Cenk Wtita Coury, Toxas Jamie Young CAUSE NO. 185,220-C Sharla Arredondo, individually and as §~—-IN THE DISTRICT COURT OF Personal Representative ofthe Estate § of Daniel Arredondo § § Plaintiff, § § v § WICHITA COUNTY, TEXAS § City of Wichita Falls, and Archer § ‘Western Construction, LLC, 8 8 Defendants. § — ggTH JUDICAL DISTRICT PLAINTIFF'S ORIGINAL PET! COMES NOW, Plaintiff Sharla Arredondo, individually and as the Personal Representative of the Estate of Daniel Arredondo, complaining of Defendant City of Wichita Falls (hereinafter “City”) and Defendant Archer Western Construction, LLC (hereinafter cher Western,” and collectively “Defendants”), and would respectfully show the Court the following: L Nature of the Action 1. This is a wrongful death and survival action against the City of Wichita Falls and Archer Western Construction, LLC, which, on current information and belief, are responsible for the death of Daniel Arredondo due to their negligence and gross negligence.Public staton: 0c Publier m nand Venue Jurisdict 2. Venue and Jurisdiction are proper in this County because Defendant City’ Water Treatment Plant is located in Wichita County, Texas. TEX Civ. PRAC. & REM. Cope $101.102(a). Discovery Level Discovery in this matter may be conducted under Level 2 of the Texas Rules of Civil Procedure. Vv. Parties 4. Sharla Arredondo is Daniel Arredondo’s surviving spouse. Decedent Daniel Arredondo (hereinafter “Decedent”) suffered severe injuries, ultimately causing his death, due to Defendants’ negligent and grossly negligent acts and omissions, more fully developed i the paragraphs below. Therefore, Sharla Arredondo is entitled to bring her wrongful death claims individually, and she is entitled to bring Daniel Arredondo’s survival claims as the personal representative of his estate pursuant to TEX CIV. PRAC. & REM. CODE §71.004. Defendant City of Wichita Falls is an incorporated city in Wichita County, Texas and may be served with process through the Wichita County Clerk, Lori Bohannon, at 900 7th Street, Suite 250, Wichita Falls, Texas 76301 6. Defendant Archer Western Construction, LLC is a foreign corporation doing a significant amount of business in Texas and may be served with process through its registeredPublic Station: BC- Publier agent, Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, at 211 E 7 Street, Suite 620 Austin, Texas 78701 Facts 7. On or about July 2, 2016, Decedent was working at the Wastewater Treatment facility located in Wichita Falls, Texas as a Pump Mechanic when he was exposed to the hazardous chemical hydrogen sulfide. Decedent was assigned to repair an area of the Wastewater Treatment facility, at which time he was severely injured, Specifically, Decedent ‘was injured when he was exposed to hazardous levels of hydrogen sulfide while attempting to make the repairs he was assigned to accomplish. On information and belief, Defendant Archer Western was working at the Wastewater Treatment facility on or about July 2, 2016 with chemicals, including but not limited to sulfate. After being found unconscious at the site of the requested repairs, Decedent was rushed to the emergency room. Unfortunately, doctors were unable to effectively treat Decedent, and he passed away on July 10, 2016 duc to the injuries he sustained in the course of his employment for Defendant City. VL Causes of Action A. Negligence and Gross Negligence 8. Plaintiff repeats and realleges each allegation contained above, 9. _Decedent sustained severe injuries, causing his death, because of Defendants’ negligence and gross negligence. Plaintiff alleges Defendants were negligent and grossly negligent in those acts and omissions described above, and additionally in the following ways: a, Improperly maintaining its equipment; 3Pattie station: BC Publier b. Failing to adequately train workers; Failing to maintain a safe facility; d. Failing to adequately advise of known risk: e. Failing to maintain a safe work environment; f Failing to supply proper equipment; Failing to give adequate waming; h. Failing to properly supervise; i, Failing to properly monitor chemicals in the area; i Failing to wan Plaintiffs of an unreasonably dangerous condition; j. Failing to eliminate known hazards; and k. Others acts deemed negligent and grossly negligent. 10. On balance, Defendants owed a duty consistent with the foregoing, and breached each of the foregoing duties. These breaches were both the cause in fact and proximate cause of Decedent's injuries and death 11. Plaintiff's damages were caused by an intentional act or omission of Defendants or Defendants’ gross negligence, entitling Plaintiff to exemplary damages, The conduct of Defendants, when viewed objectively from the standpoint of Defendants at the time of the occurrence in question, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Additionally, Defendants were subjectively aware of the risk involved, but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others. As a result, Plaintiff is entitled to recover exemplary damages in a sum within the jurisdictional limits of the Court. TEX Civ. PRAC. & REM. CODE §71.009.Public station: 06 Public B. Wrongful Death 13. Plaintiff repeats and realleges each allegation contained herein. 14. As a wrongful death beneficiary, Sharla Arredondo, individually and as representative of the estate of Daniel Arredondo, seeks to recover the damages available to her under Texas law. The Defendants had the above referenced duties. Defendants breached those duties and Defendants’ breaches were the cause in fact and the proximate cause of Decedent's death and the Plaintif?'s injuries. These acts of negligence and gross negligence also led to Plaintiff suffering severe injury. Plaintiff is now entitled to recover for her injuries, which give rise to both wrongful death and survival claims. CG Survivat 15. Plaintiff repeats and realleges each allegation contained herein, 16. As the personal representative of the Estate of Daniel Arredondo, Sharla Arredondo seeks to recover damages for the survival action she is entitled to bring under TEx Civ. PRAC. & REM. COvE §71.021. As a result of Defendants’ negligence and gross negligence, Decedent suffered severe physical injuries that ultimately led to his death. The Defendants had the above referenced duties. Defendants breached those duties and Defendants” breaches were the cause in fact and the proximate cause of Decedent's death. Furthermore, Defendants’ actions were done with reckless disregard to a substantial risk of severe bodily injury. As such, Plaintiff is entitled to exemplary damages on behalf of the estate of Decedent. vu. Exemplary Damages 17. Plaintiff repeats the allegations contained in the foregoing paragraphs.Public Station 0¢- Publier 18, Furthermore, Defendants’ actions were done with reckless disregard to a substantial risk of severe bodily injury. As such, Plaintiff is entitled to exemplary damages Plaintiff seeks exemplary damages against Defendants in an amount deemed appropriate by the jury because Decedent's death was caused by an intentional act or omission, or Defendants’ gross negligence, 1. Praver Plaintiff prays that this citation issue and be served upon Defendants in a form and manner prescribed by law, requiring that each Defendant appear and answer, and that upon final hearing, Plaintiff receive judgment against Defendants, both jointly and severally, in a total sum in excess of the minimum jurisdictional limits of this Coust, plus prejudgment and post-judgment interests, all costs of Court, exemplary damages, and all such other and further relief, to which she may show herself justly entitled. Including, but not limited to the following: + Past and future pecuniary loss; + Past and future loss of companionship and society; + Medical expenses; + Past and future loss of e ing capacity; + Past and future pain and mental anguish; + Pre-death physical pain and suffering of Decedent; + Pre-death mental pain, suffering, and anguish of Decedent; + Loss of inheritance; + Funeral and burial expenses; + Exemplary damages;Pubic Staton: Dc: Pact + Interest on damages (pre- and post-judgment) in accordance with law; + Plaintiffs’ reasonable attomeys” fees; + Costs of court; + Expert witness fees; + Costs of copies of depositions; and + Allother damages recoverable under the law, and all such other and further relief, to which she may show herself justly entitled IX. Jury Trial Demanded Plaintiff respectfully demands a trial by jury. Respectfully submitted, ARNOLD & ITKIN LLP 45) Kurt Arnold KurtB, Amold SBN: 24036150 kamold@amolditkin.com Caj D. Boatright SBN: 24036237 cboatright@arnolditkin.com Kala F. Sellers SBN: 24087519 ksellers@amolditkin,com 6009 Memorial Drive Houston, Texas 77007 Tel: 713.222.3800 Fax: 713.222.3850 e-service@arnolditkin.com ATTORNEYS FOR PLAINTIFF