Beruflich Dokumente
Kultur Dokumente
k
RED LOBSTER HOSPITALITY LLC,
ler
RED LOBSTER OF TEXAS, INC. DBA ________JUDICIAL DISTRICT
tC
RED LOBSTEROF TEXAS INC. 356, and
RED LOBSTER MANAGEMENT LLC
ric
Defendants
ist
lD
PLAINTIFFS ORIGINAL PETITION
nie
TO THE HONORABLE JUDGE OF SAID COURT: Da
is
hr
COMES NOW, MARLENE SPENCER, Plaintiff in the above numbered and entitled
C
cause, and files this Original Petition against Defendants RED LOBSTER HOSPITALITY LLC,
of
e
RED LOBSTER OF TEXAS, INC. DBA RED LOBSTER OF TEXAS INC. 356, and RED
ffic
LOBSTER MANAGEMENT LLC and would respectfully show this honorable Court the
y O
following:
op
C
I. DISCOVERY-CONTROL PLAN
ial
fic
1. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure
of
190.
Un
II. PARTIES
1
3. Defendant, Red Lobster Hospitality LLC, is a foreign limited liability company doing
business in Harris County, Texas and may be served with citation on its registered agent,
Corporate Creations Network Inc., at 2425 W Loop South #200 Houston, Texas 77027.
4. Defendant, Red Lobster of Texas, Inc. DBA Red Lobster of Texas Inc. 356, is a domestic
for-profit corporation doing business in Harris County, Texas and may be served with citation on
k
ler
its registered agent, Corporate Creations Network Inc., at 2425 W Loop South #200 Houston,
tC
Texas 77027.
ric
ist
5. Defendant, Red Lobster Management LLC, is a foreign limited liability company doing
lD
business in Harris County, Texas and may be served with citation on its registered agent,
nie
Corporate Creations Network Inc., at 2425 W Loop South #200 Houston, Texas 77027.
Da
is
III. JURISDICTION AND VENUE
hr
C
6. This Court has jurisdiction over the controversy because the damages sought are within
of
the jurisdictional limits of the Court. Venue for this action is properly maintained in Harris
e
ffic
County, Texas, pursuant to Section 15.002 of the Texas Practice and Remedies Code because the
O
incident giving rise to the claims in this suit occurred in Harris County.
y
op
IV. FACTS
C
ial
7. This lawsuit became necessary as a result of an incident that occurred on or about the
fic
8. On or about the evening of March 27, 2017 Marlene Spencer, an 82-year-old 113 pound
elderly woman walked from her residence at Brookdale Senior Living at Clear Lake to the bar at
9. Upon information and belief, Ms. Spencer was sold, served, and provided numerous
alcoholic beverages and became more than obviously intoxicated. Despite her obvious
2
intoxication, Red Lobster continued to serve Ms. Spencer alcoholic beverages until she was more
than three and one half times the statutory blood alcohol level of intoxication.
10. After leaving Red Lobster, Ms. Spencer did not even make it out of the parking lot of
Red Lobster, but instead fell and broke her right hip and right arm and hit her head in the parking
lot before being taken by ambulance to Clear Lake Regional hospital. It was not until a few
k
ler
hours after the incident that Brookdale became aware of the situation, and it was only because
tC
the Red Lobster manager attempted to leave a message to let a companion of Ms. Spencers
ric
ist
know that she had been taken to the hospital. Her blood alcohol level was a shocking .31, nearly
lD
four times the legal limit. Ms. Spencer was in the hospital for an extended period of time as she
nie
had to undergo a total hip replacement, detoxification, and tests on her head. She had to stay in
Da
the intensive care unit for six days. Following the extensive hospital stay, Ms. Spencer had to
is
hr
11. In the months leading up to the incident at issue, Ms. Spencers daughter had multiple
of
e
conversations with the Red Lobster bar manager, cautioning Red Lobster not to overserve her
ffic
mother alcohol. This was an ongoing problem that Ms. Spencers daughter tried to quell, but to
y O
no avail.
op
C
12. Upon information and belief, this has been a recurring problem with multiple Brookdale
ial
residents.
fic
V. CAUSE OF ACTION
of
Un
13. Defendants were negligent in serving and continuing to serve alcohol to Plaintiff Marlene
Spencer, an elderly woman, when it was apparent that she was obviously intoxicated to the
extent that she presented a clear danger to herself and others. This conduct violated TABC Sec.
3
2.02. Plaintiffs intoxication proximately caused the accident resulting in the severe injuries she
14. Defendants were negligent in serving and continuing to serve alcohol to Plaintiff when it
was apparent that she was obviously intoxicated to the extent she presented a clear danger to
k
ler
15. Each of the above and foregoing acts and omissions, taken singularly or collectively,
tC
constitute negligence and were a proximate cause of the injuries and damages sustained by the
ric
ist
Plaintiff Marlene Spencer.
lD
nie
VI. DAMAGES
16. a) Da
Conscious pain and suffering in the past and continuing in the future;
is
b) Mental anguish in the past and continuing in the future; and
hr
17. Plaintiff alleges damages far in excess of the minimum jurisdiction of the Court and
e
ffic
specifically reserves the right to plea the damages with particularity when the damages are more
O
18. Plaintiff demands a jury trial and has or will pay the appropriate fee.
fic
of
19. 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.
IX. PRAYER
4
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to
appear and answer herein, and that upon final hearing or trial she be awarded damages,
prejudgment and postjudgment interest, costs of court in excess of the minimal jurisdictional
amounts of this Court, and for such further and additional relief to which Plaintiff may be justly
entitled to receive.
k
ler
tC
Respectfully submitted,
ric
MARKLE DELACRUZ, LLP
ist
lD
By:
nie
Spencer G. Markle
State Bar No. 12989200
Da
spencer@markledelacruz.com
Morgan R. Gullatt
is
State Bar No. 24101839
hr
morgan@markledelacruz.com
C