FILED 6/22/2015 9:29:37 AM JOHN F. WARREN COUNTY CLERK DALLAS COUNTY CAUSE No. CC-15-03102-B MARCO ANTONIO NAVARRO, Plaintiffi IN THE COUNTI COURT § § § § § § § § § § vs. MILLERCOORS LLC D/B/A STEEL BREWING COMPANY, AND7-ELEVEN, INC., d/b/a 7-ELEVEN STORE 1611-25758, Defendants. ATuwNo. DALLAS COUNTI, TEXAS PLAINTIFF'S ORIGINAL PETITION To THE HONORABLE JUDGE OF SAID COURT: COMES Now, MARCO ANTONIO NAVARRO ("Plaintiff') , Plaintiff in the aboveentitled cause of action, to complain of and against MILLERCOORS LLC D/B/A STEEL BREWING COMPANY, and 7-ELEVEN, INC., d/b/a 7-ELEVEN STORE 1611-25758, (collectively "Defendants"), and in support thereof would respectfully show the Court as follows: I. JURISDICTION AND VENUE The incident that is the subject of this suit occurred in Dallas County, Texas; therefore, venue is proper pursuant to C.P.R.C. § 15.002(a)(1). Plaintiff submits this action under Discovery Control Plan Level II, per Rule 190.3 of the Texas Rules of Civil Procedure. II. Defendant MILLERCOORS LLC SERVICE D/B/A STEEL BREWING COMPANY ("MILLERCOORS") is an out-of-state entity that conducts business in the State of Texas, and through such business committed a tort within the State of Texas. Defendant MILLERCOORS is a non-resident company formed under the laws of the State of Delaware, who may be served by serving their registered agent C T Corporation System at 350 N. St. Paul Street, Suite 2900, Dallas, Texas, 75201. Issuance of citation is requested at this time. Defendant, 7-ELEVEN, INC., d/b/a 7-ELEVEN STORE 1611-25758 ("7-ELEVEN") is an incorporated entity operating in the State of Texas, and who may be served through its registered agent CORPORATE CREATIONS NETWORK, INC., 4265 San Felipe 1100, Houston, Texas 77027. Issuance of citation is requested at this time. III. JURY DEMAND Plaintiff respectfully requests that a jury be convened to try the factual issues of this case. IV. RULE 193.7 NOTICE Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives notice that all documents produced by any party to this case will be used at any pretrial proceeding or at the trial of this matter. V. FACTS On or about August 4, 2013, Plaintiff purchased a 24-ounce can of Steel Reserve beer from the 7-Eleven store on Highway 356 in Irving, Texas. While at home, Plaintiff began drinking one of the cans when, about halfway through the can, he felt a tingle on his lips and noticed the liquid was not flowing out properly. Plaintiff's sister, using her camera phone, took a photograph of the inside of the beer can to determine what was obstructing the flow of the beer. It was at this point that the Plaintiff realized, to his horror, that he had been drinking beer with a dead rat marinating in it. Plaintiff immediately vomited, then continued to suffer from abdominal pain, vomiting, l'LAINTIFF'S ORIGINAL PETITION PAGE20F5 diarrhea, allergies, and back pain, amongst other pain and injuries. Plaintiff received reasonable and necessary medical treatment that resulted in substantial medical bills. Plaintiff also suffered mentally from this terrifying incident, having to attend therapeutic sessions and struggle with eating, drinking, and personal relationships. VI. NEGLIGENCE OF DEFENDANTS The conduct of Defendants proximately caused Plaintiffs personal injuries and damages. Defendants are liable to the Plaintiff because, at all relevant times, Defendants' acts or omissions constituted negligence, negligent activity, negligence per se, gross negligence, and premises liability, in following respects, to wit: a. By negligently manufacturing, packaging, and distributing the Steel Reserve beer with a health and medical hazard inside of it; b. By negligently offering for sale a beer, which was negligently made and distributed; c. By negligently selling to Plaintiff a canned health hazard under the guise that it was a potable malt beverage; and, As a direct and proximate result of these and other acts and omissions, whether taken singularly or in any combination, Plaintiff sustained serious injuries and endured excruciating pain. Each of the above acts and omissions, singularly or in combination with each other, was a proximate cause of Plaintiffs' injuries and damages that are described below. VII. PLAINTIFF'S CLAIMS AGAINST DEFENDANTS FOR ExEMPLARY DAMAGES The conduct of Defendants involved such an entire want of care as could have resulted only from a conscious indifference to the rights, safety, or welfare of others. Plaintiff hereby sues for PLAINTIFF's ORIGINAL PETITION PAGE30F5 exemplary damages in an amount as to be determined by the trier of fact. VIII. DAMAGES As a result of the negligent conduct of the Defendants, Plaintiff suffered serious physical and mental injuries. Further, as a result of the injuries, Plaintiff sought medial treatment from various medical providers and incurred debts for the medical treatment he received. The treatment he received was reasonable and necessary for the injuries he sustained. Plaintiff has experienced, and will continue to experience, physical pain and suffering, mental anguish, impairment, depression, loss of enjoyment of life, lost earnings, and loss of future earning capacity. By reason of the foregoing injuries and damages, Plaintiff sustained damages far in excess of the minimum jurisdictional limits of the Court. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests that the Defendants be cited to appear and answer, and that on final trial, Plaintiff be awarded judgment against Defendants for the following: a. Actual medical bills in the amount of $49,114.85 for medical expenses incurred on behalf of Plaintiff; b. Monetary damages for future medical expenses to be incurred by Plaintiff; c. Monetary damages for past and future physical pain and suffering and mental anguish found to be reasonable and just by the trier of fact; d. Monetary damages for past and future impairment suffered by Plaintiff, as determined by a jury; e. Monetary damages for past and future loss of earning capacity, to be determined by the trier of fact; PLAINTIFF'S ORIGINAL PETITION PAGE40F5 f. Pre- and post-judgment interest at the maximum legal rate; g. Costs of Court; and, h. Exemplary damages, as found to be reasonable and just by the trier of fact; and for such other and further relief, at law or in equity, to which Plaintiff may be justly entitled. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiff hereby understands that the jury has the sole power to award damages, but Plaintiff seeks no more than three-hundred thousand dollars ($300,000.00) for Plaintiff's damages. Respectfully submitted, LAw OFFICE OF GARCIA, DUBOVE & TRUJILLO, P.C. By: PLAINTIFF'S ORIGINAL PETITION /s/ James D. Trujillo James D. Trujillo State Bar No. 24056453 510 SSW Loop 323, Suite 330 Tyler, Texas 75702 Telephone: (903) 593-4545 (903) 593-3474 Facsimile: Email: james@dgley.com ATTORNEYS FOR PLAlNTIFF PAGE50F5