DISTRICT CLERK OF
JEFFERSON CO TEXAS
12/4/2017 8:50 PM
CAUSE NO. __________________ JAMIE SMITH
DISTRICT CLERK
ARMANDO ESPINOZA and IN THE DISTRICT COURT OF
E-201026
ALTAGRACIA CORONADO ESPINOZA,
Individually and as Representatives of
the Estate of YESENIA ESPINOZA,
Deceased,
Plaintiffs,
VS. JEFFERSON COUNTY, TEXAS
EXXONMOBIL OIL CORPORATION,
BECHTEL OIL, GAS AND CHEMICALS,
INC. and ECHO MAINTENANCE, L.L.C.
Defendants. _______ JUDICIAL DISTRICT
above-styled and numbered cause, and file this their Original Petition, complaining of
EXXONMOBIL OIL CORPORATION, BECHTEL OIL, GAS AND CHEMICALS, INC. and
ECHO MAINTENANCE, L.L.C., Defendants, and for causes of action would respectfully show
I.
DISCOVERY PLAN
1. Pursuant to Rule 190.4 of the Texas Rules of Civil Procedure, this case is
governed by Discovery Control Plan, Level 3. The parties will file a Discovery Control Plan
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II.
REQUEST PURSUANT TO RULE 28 FOR SUBSTITUTION OF TRUE NAME
2. To the extent that any of the above named Defendants are conducting business
pursuant to a trade name or assumed name, then suit is brought against them pursuant to the
terms of Rule 28 of the Texas Rules of Civil Procedure, and Plaintiffs hereby demand upon
answering this suit, that the Defendants answer in their correct legal and assumed names.
III.
PARTIES
ESPINOZA (hereinafter Plaintiffs) are natural people and are also representatives of the Estate
EXXONMOBIL) is a corporation incorporated under the laws of New York with a main office
at 1735 Hughes Landing Blvd, #W04.N162, The Woodlands, Texas 77380 and doing business in
Jefferson County, Texas. It may be served with process through its registered agent for service
of process in the State of Texas, Prentice Hall Corp. System, 211 E. 7th Street, Suite 620, Austin,
Texas 78701.
Jefferson County, Texas. It may be served with process through its registered agent for service
of process in the State of Texas, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas,
Texas 75201.
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County, Texas. It may be served with process through its registered agent for service of process
in the State of Texas, Michael P. Roebuck at 6711 Twin City Highway, Port Arthur, Texas
77642.
IV.
VENUE AND JURISDICTION
Civil Practice and Remedies Code as all or a substantial part of the events or omissions giving
rise to the claim occurred in Jefferson County, Texas and because one or more Defendants reside
jurisdictional limits of this Court. This Court has personal jurisdiction over all parties as set out
in paragraph III.
V.
NATURE OF CASE
construction at the ExxonMobil Refinery in Beaumont, Texas. Deceased Plaintiff was employed
(collectively referred to as Defendants) when she was struck in the head by 24 piping that was
improperly rigged and handled by the Defendants. YESENIA ESPINOZA unfortunately passed
away due to this traumatic injury and Defendants negligence. Nothing that any Plaintiff did or
failed to do caused or contributed to the incident made basis of this suit or any Plaintiffs
and/or retained control over the worksite and the activities ongoing at the time of the fatal
incident. Moreover, Defendants EXXONMOBIL and/or BECHTEL had actual knowledge and
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privity of the particular hazardous condition s of the instrumentalities at the refinery that brought
about YESENIA ESPINOZA untimely death and failed to report those hazardous conditions to
VI.
NEGLIGENCE OF DEFENDANTS EXXONMOBIL AND BECHTEL
through their officers, employees, agents and representatives, committed acts or omissions,
which collectively and severally constituted negligence as that term is known in Texas,
concerning, among other things, the installation, rigging, inspection, construction and/or repair of
the system YESENIA ESPINOZA were performing work on. Further Defendants negligence
consisted of, but is not limited to, the following acts and/or omissions:
a. Failing to properly rig the 24 pipe that caused Deceased Plaintiffs death;
b. Failing to properly handle and/or move the 24 pipe that caused Deceased
Plaintiffs death;
e. Failing to properly inspect the 24 pipe and its rigging before attempting
to move it;
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j. Failing to implement and establish proper inspection procedures;
p. Failing to observe job site safety, which caused injuries and damages to
Deceased Plaintiff;
12. Each of the above referenced acts or omissions by Defendants directly and
proximately caused Plaintiffs injuries and damages. Nothing any Plaintiff did or failed to do
contributed to or proximately caused the incident in question or the resulting injuries and
damages.
VII.
GROSS NEGLIGENCE OF DEFENDANTS EXXONMOBIL AND BECHTEL
13. On information and belief, Plaintiffs now pray for the recovery of exemplary
BECHTELS employees, agents, ostensible agents, representatives and managers, acting in the
course and scope of their employment. When viewed objectively from DEFENDANTS
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EXXONMOBILS AND BECHTELS employees, agents, ostensible agents, representatives and
managers involved an extreme degree of risk, considering the probability and potential
magnitude of potential harm to Deceased Plaintiff and others similarly situated. DEFENDANTS
EXXONMOBIL AND BECHTEL had actual, subjective awareness of the risk involved, but
nonetheless proceeded with conscious indifference to the rights, safety, or welfare of Deceased
Plaintiff. The actions on the part of DEFENDANTS EXXONMOBIL AND BECHTEL stated
agents, ostensible agents, representatives and managers, constitute gross negligence and said
VIII.
GROSS NEGLIGENCE OF DEFENDANT ECHO MAINTENANCE
duties to Deceased Plaintiff and breached its continuous and non-delegable duty to provide a safe
workplace and whose gross negligence consisted of, but is not limited to, the following acts
and/or omissions:
15. Plaintiffs now pray for the recovery of exemplary damages arising from
DEFENDANT ECHO MAINTENANCES malice and/or gross negligence, by and through the
representatives and managers, acting in the course and scope of their employment. When viewed
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objectively from Defendant ECHO MAINTENANCES standpoint, the actions of Defendant
involved an extreme degree of risk, considering the probability and potential magnitude of
potential harm to Deceased Plaintiff and others similarly situated. Defendant ECHO
MAINTENANCE had actual, subjective awareness of the risk involved, but nonetheless
proceeded with conscious indifference to the rights, safety, or welfare of Deceased Plaintiff. The
actions on the part of DEFENDANT ECHO MAINTENANCE stated herein, by and through
and managers, constitute gross negligence and said conduct constitutes malice as that term is
IX.
WRONGFUL DEATH CLAIMS AND DAMAGES OF PLAINTIFFS ARMANDO
ESPINOZA AND ALTAGRACIA CORONADO ESPINOZA, INDIVIDUALLY AND AS
REPRESENTATIVESOF THE ESTATE OF YESENIA ESPINOZA, DECEASED
Deceased, sue in every capacity and for every element of damages to which they are entitled by
reason of the matters made the basis of this suit, including the damages under the Wrongful
Death Act (TEX. CIV. PRAC. & REM. CODE ANN. 71.002, et seq.) of the State of Texas. This suit
is brought under the applicable wrongful death statutes of the State of Texas by the designated
beneficiaries under the statute for the death of YESENIA ESPINOZA. Plaintiffs ARMANDO
ESPINOZA and ALTAGRACIA CORONADO ESPINOZA are the surviving natural parents of
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Deceased, suffered pecuniary loss as a result of the untimely and wrongful death of YESENIA
ESPINOZA, Deceased, including losses of care, maintenance, support, services, advice, counsel,
and contributions of a pecuniary value that they would, in reasonable probability, have received
18. Plaintiffs suffered additional losses by virtue of the destruction of the parent-child
relationship. This includes the loss of the positive benefits flowing from the love, affection,
solace, comfort, companionship, society, emotional support, and assistance that YESENIA
ESPINOZA would have provided them had she not so tragically died. Plaintiffs have been
deprived of these cherished experiences because of the death of YESENIA ESPINOZA and seek
19. Plaintiffs suffered grief and mental anguish over the loss of their daughter,
YESENIA ESPINOZA. They are entitled to be compensated for such grief, emotional pain,
torment, and suffering. Plaintiffs are likely to suffer from these emotional injuries for a long
20. Additionally, Plaintiffs are further entitled to the just and reasonable medical care
and cost of burial and funeral expenses necessary for the interment of YESENIA ESPINOZA.
21. This action is also maintained to recover punitive or exemplary damages as those
terms are understood in law because of the Defendants gross negligence and conscious
indifference to the rights, welfare and safety of YESENIA ESPINOZA. Plaintiffs here and now
pray for the recovery of exemplary damages arising from Defendants malice, by and through the
actions of their employees, directly and through the doctrine of respondeat superior.
Defendants acts and/or omissions, when viewed objectively from their standpoint, involved an
extreme degree of risk, considering the probability and potential magnitude of potential harm to
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Plaintiffs; Defendants had actual subjective awareness of the risk involved, but nonetheless
proceeded with conscious indifference to the rights, safety, or welfare of Plaintiffs; for which
Defendants are liable for exemplary damages and for which amount Plaintiffs now sue.
22. The amount of the Plaintiffs damages is substantial and in excess of the
jurisdictional minimums of this Court. Many elements of damage, including pain, suffering and
mental anguish in the past and future, cannot be determined with mathematical precision.
Furthermore, the determination of many of these elements of damage is within the jurys
province, and Plaintiffs seek the jurys evaluation. However, Plaintiffs are seeking monetary
relief over $1,000,000.00 at this time. Plaintiffs reserve the right to amend this damage
calculation as discovery progresses. Plaintiffs make this damage calculation at this time pursuant
to Texas Rules of Civil Procedure 47. Plaintiffs demand a jury trial and tenders the appropriate
X.
CLAIM FOR PRE-JUDGMENT AND POST-JUDGMENT INTEREST
23. Plaintiffs are entitled to recover pre- and post-judgment interest on all damages
that have accrued as of the date of judgment at the highest legal rate.
XI.
APPLICATION FOR TEMPORARY RESTRAINING ORDER AND
APPLICATION TO ENTER PREMISES TO INSPECT, FILM AND PHOTOGRAPH
24. Plaintiffs assert Defendants may change, alter or destroy documents or physical
evidence related or involved in the incident made the basis of this lawsuit, unless this court
enters a Temporary Restraining Order ("TRO") restraining Defendants from changing, altering,
or destroying any tangible evidence related to the incident, specifically the rigging, the 24 pipe
and instrumentalities used to do the work involved in this incident. Plaintiffs are willing to post
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bond. There is not enough time to serve notice on Defendants and to hold a hearing on this
application.
25. In order for Plaintiffs to properly investigate and pursue their claims and recover
their damages and see that justice is done, the Court should restrain Defendants, their agents,
corporate parents, servants, employees, contractors, independent contractors, and the like
including those acting in concert with Defendants from changing, altering, destroying and/or
XII.
REQUEST FOR TEMPORARY INJUNCTION
26. Plaintiffs ask the Court to set their application for temporary injunction for a
hearing and, after the hearing, issue a temporary injunction against Defendants EXXONMOBIL
OIL CORPORATION, BECHTEL OIL, GAS AND CHEMICALS, INC. and ECHO
MAINTENANCE, L.L.C.
XIII.
CONDITIONS PRECEDENT
27. All conditions precedent to Plaintiffs right to recover herein and to Defendants
XIV.
RULE 194 REQUESTS FOR DISCLOSURE
28. Pursuant to Rule 194 of the Texas Rules of Civil Procedure, all parties named
herein as Defendants are to disclose, within fifty (50) days of service of this request, the
information and material described in the Texas Rules of Civil Procedure 194.2(a)-(l).
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XV.
PRAYER
WHEREFORE, PREMISES CONSIDERED, ARMANDO ESPINOZA and
BECHTEL OIL, GAS AND CHEMICALS, INC. and ECHO MAINTENANCE, L.L.C. be cited
to appear and answer herein and, upon final hearing of this cause, Plaintiffs have judgment
against Defendants for damages described herein, for 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 Plaintiffs may show themselves justly entitled.
Respectfully submitted,
And
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CAUSE NO.
A F F I D AV I T
THE S AT E OF TEXAS
COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day personally appeared MYNOR E.
RODRIGUEZ, who being by me duly sworn upon his oath deposes and says;
"I am the attorney for Plaintiffs in the above cause. I have read the Original Petition,
Application for Temporary Restraining Order and Temporary Injunction which accurately
represents the facts and information known to me. Injunctive relief is necessary based upon
those facts known to me that material evidence is in danger of being destroyed. I am
authorized to make this affidavit and to apply for injunctive relief on behalf of Plaintiffs."
Mynor E. Rodriguez c
_,2017.
KACIE ADAMS
Notary ID 130926195