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CAUSEN0.153 2 6 Q 71 Q 12
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JENNELLE CARRILLO
vs.
COWBOYS STADIUM, L.P., COWBOYS
STADIUM GP, LLC, BLUE & SILVER,
INC., JWJ CORPORATION, DALLAS
COWBOYS FOOTBALL CLUB, LTD,
and JERRAL "JERRY" WAYNE JONES
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IN THE DISTRICT COURT
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TARRANT COUNTY, TExl?f./;J,.s_.
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: \'00 JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION
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TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Jennelle Carrillo, plaintiffherein, and files Plaintiff's Original Petition,
complaining of Cowboys Stadium, L.P., Cowboys Stadium GP, LLC, Blue & Silver, Inc., JWJ
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Corporation, Dallas Cowboys Football Club, LTD, and Jerral "Jerry" Wayne Jones, defendants
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herein, and for cause of action would respectfully show the Court as follows:
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Discovery is intended to be conducted under Level3 ofT ex. R. Civ. P. 190.
I II.
Plaintiff is a resident ofClebume, Johnson County, Texas.
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Defendant Cowboys Stadium, L.P., is a Texas Domestic Limited Partnership which
is registered to conduct business in the State ofTexas and has its principal place ofbusiness at One
Cowboys Parkway, Irving, Texas 75063 in Dallas County, Texas. Defendant Cowboys Stadium,
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L.P. may be served with process on itJ registered agent, CT Corporation System, 350 N. St. Paul
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Street, Suite 2900, Dallas, Texas 75201.
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Defendant Cowboys Stadium GP, LLC is the general partner ofDefendant Cowboys
Stadium, L.P., and is a Texas Domestic Limited Company which is registered to conduct business
in the State ofTexas and has its place ofbusiness at One Cowboys Parkway, Irving, Texas
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75063 in Dallas County, Texas. Defendant Cowboys Stadium, GP, LLC may be served with process
Plaintitrs Original Petition
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on its registered agent, CT Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas, Texas
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75201.
Defendant Blue & Inc. is the managing member of Defendant Cowboys
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Stadium, L.P., and a Texas Corporation is registered to conduct business in the State ofTexas
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and has its principal place of business Jt One Cowboys Parkway, Irving, Texas 75063 in Dallas
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County, Texas. Defendant Blue & Silvclr, Inc. may be served with process on its registered agent,
CT Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas, Texas 75201.
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Defendant JWJ Corporation is a Texas Corporation which is registered to conduct
business in the State of Texas and has Its principal place of business at One Cowboys Parkway,
Irving, Texas 75063 in Dallas County, !Texas. Defendant JWJ Corporation may be served with
process on its registered agent, CT Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas,
Texas 75201.
Defendant Dallas Cowboys Football Club, LTD is a Texas Domestic Limited
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Partnership which is registered to condJct business in the State ofTexas and has its principal place
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of business at One Cowboys Parkway, Irving, Texas 75063 in Dallas County, Texas. Defendant
Dallas Cowboys Football Club, LTD may be served with process on its registered agent, CT
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Corporation System, 350 N. St. Paul Street, Suite 2900, Dallas, Texas 7520 I.
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Venue is proper in Tarrdnt County, Texas, under the provisions ofV.T.C.A., Civil
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Practice and Remedies Code, 15.0021(a) (1), because all or a substantial part of the events or
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omissions giving rise to plaintiff's claims occurred in Tarrant County, Texas.
IV.
Defendants were at all :times material to this lawsuit the managers, possessors,
operators or occupiers of the premises known as Dallas Cowboys Stadium located in Arlington,
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Tarrant County, Texas. Defendants invited the public, including plaintiff, to attend a Blue & Silver
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Debut scrimmage game at Cowboys Stadium on or about August I 0, 2010. At all times material to
Plaintitrs Original Petition
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plaintiff's lawsuit, the defendants maintained control over Cowboys Stadium. Defendants thus owed
plaintiff the duty to inspect the premiseS: and maintain them in a reasonably safe condition.
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At the invitation of defendants, plaintiff went to Cowboys Stadium on or about August 10,
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2010, to watch the Blue & Silver Debut scrimmage game. Prior to entering the seated area of
Cowboys Stadium, plaintiff sat down on a black, marble bench outside of and near entrance "E" to
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the stadmm. The bench was uncovered openly exposed to the extremely hot August sun. The
combination of the nature of the black, bench and hot sunlight caused the bench to become
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extremely hot and unreasonably dangerous. No signs were posted at or near the bench warning that
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it was too hot for persons to sit on nor was the bench roped off to prevent persons from sitting on
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it. As a result of sitting on the bench, plaintiff sustained severe third degree bums to her buttocks.
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These injuries required plaintiff to be admitted to a hospital and undergo skin grafts and other
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treatment for her bum injuries. Defendants retained control of the bench and surrounding area
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where plaintiff was injured.
v.
The condition of the premises an unreasonable risk ofharm because the bench, made
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of black marble, became extremely hot when exposed to the August sun . Defendants knew or
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reasonably should have known that the material used to construct the bench would become
unreasonably and dangerously hot when exposed to the August sun. In addition, the defendants
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knew or reasonably should have known that plaintiff or some other person would sit on the bench
at a time when it would be extremely hot. Defendants breached their duty of care by both failing
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to make the condition reasonably safe Jnd failing to adequately warn the plaintiff of the condition
of the bench when exposed to the hot Ajgust sun. Defendants' failure to use reasonable care further
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caused the injuries and damages suffered by plaintiff.
Plaintiffs bum injuries were caused by the unreasonably dangerous condition of the bench, and
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defendants, their agents, or employees, bew or should have known that the condition of the bench
posed an unreasonable risk of harm I to plaintiff. Nevertheless, defendants did not exercise
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Plaintiffs Original Petition 3

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reasonable care to eliminate the risk of harm to plaintiff posed by the bench, nor did defendants
adequately warn plaintiff ofthe risk posed by the bench. No warning signs were posted at
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or near the bench advising that is was dangerously hot when exposed to the August sun.
VI.
As a direct and proximate'result of defendants' negligent acts and omissions, plaintiff
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Jennelle Carrillo has suffered physical and mental anguish, reasonable and necessary medical
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expenses, loss of earning capacity, physical impairment, disfigurement, and, with reasonable
probability and certainty, will continJe to suffer the aforementioned damages in the future.
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Plaintiffs damages are within the jurisdictional limits of this Court.
VII.
Plaintiff is entitled to recovery of pre-judgment interest in accordance with law
and equity as part of her damages and sues specifically for the recovery of pre-judgment interest as
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provided by law and equity under the applicable Jaws of the State of Texas.
i VIII.
Plaintiff respectfully a trial by jury and tenders a jury fee.
IX.
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, plaintiff requests each
defendant to disclose, within fifty (50) days after service of this request, the information or material
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described in Rule 194.2 of the Texas Rules of Civil Procedure. Plaintiff specifically requests each
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defendant to produce responsive inforniation or material at the undersigned law offices within fifty
(50) days after service of this request. i
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WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that the defendants
be cited in terms of Jaw to appear and lmswer herein, that upon final trial and hearing hereof, she
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recover her damages in accordance with law and the evidence, that she recover interest, both pre-
judgment and post-judgment, to which! she is entitled by law and equity, that she recover costs of
court incurred herein, and that she have and recover such other and further relief, general and
Plaintitrs Original Petition
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special, legal and equitable, to which s h ~ may show herself justly entitled, and to which the court
and jury may believe her deserving.
Plaintiff's Original Petition
Respectfully submitted,
LAW OFFICES OF MICHAEL A. WASH
21" Floor, 30 I Congress Building
301 Congress Avenue
P.O. Box 2291
Austin, Texas 78768
(512) 480-9494 Telephone
(512) 480-9976 Facsimile
mawash@austin.rr.com
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State Bar No. 20897000
ATTORNEYS FOR PLAINTIFF
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Mia-IAEL A WASH
BOARD CERTIFIED
PERSONAL INJURY TRIAL LAW
TEXAS BOARD OF LEGAL SPEClALIZATION
LAW OFFICES OF MICHAEL A WASH
21ST FiooR, 301 O:lNGREss BUILDING
fOl O:lNGRESS AVENUE
I AvsnN, TEXAS 7870!
153 2 6 0 71 0 12
August 9, 2012
Mr. Thomas A. Wilder, District Clerk
Civil Division
Justice Center
40 I W. Belknap, Third Floor
Ft. Worth, Texas 76196
Re: Cause No. I
Jannelle C"'"o-w-b'o-ys Stadium, L.P.,
Cowboys Stadium GP, LLC, Blue & Silver,
Inc., JWJ Corporation, Dallas Cowboys
Football Club, LTD and Jerral "Jerry" Wayne
Jones
___ .District Court of Tarrant County, Texas
Dear Mr. Wilder: ,
MAluNGAoDRESS:
P.O.BOX2291
AusTIN, TEXAS 78768
TELEPHONE ISI2l4S0.9494
FACSIMILE 512 480-9976
TOLLFREE 866 480-9494
mawash@austin.rr.com
Enclosed are an original and six copibs of Plaintiff's Original Petition. Please file the original
pleading as a new case and use the copies for service upon the defendants' registered agents whose
names and addresses for service purposes appear in the petition. Attached to the original petition
is a completed Civil Case Information' Sheet.
Also enclosed is my Jaw firm check payable to you in the amount of$747.00 in payment of the
filing, issuance and service fees. I request that the defendants be served by certified mail.
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Finally, also enclosed are an additional copy of Plaintiffs Original Petition which I request be file
stamped and returned to me in the enclosed, self addressed, postage prepaid envelope.
Thank you for your assistance in this
MAW/mw
Enclosures
Sincerely,
Michael A. Wash