FILED

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

ORIGINAL PETITION, APPLICATION FOR

TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION

COME NOW, ARMANDO ESPINOZA and ALTAGRACIA CORONADO ESPINOZA,

Individually and as Representatives of the Estate of YESENIA ESPINOZA, Deceased in the

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

unto this Honorable Court the following:

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

pursuant to Rule 190.4 of the Texas Rules of Civil Procedure.

ORIGINAL PETITION, APPLICATION FOR

TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION
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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

3. Plaintiffs ARMANDO ESPINOZA and ALTAGRACIA CORONADO

ESPINOZA (hereinafter Plaintiffs) are natural people and are also representatives of the Estate

of YESENIA ESPINOZA (hereinafter Deceased Plaintiff). Plaintiffs reside in Baytown,

Harris County, Texas.

4. Defendant EXXONMOBIL OIL CORPORATION (hereinafter

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.

5. Defendant BECHTEL OIL, GAS AND CHEMICALS, INC. (hereinafter

BECHTEL) is a corporation incorporated under the laws of Delaware 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, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas,

Texas 75201.

6. Defendant ECHO MAINTENANCE, L.L.C. (hereinafter ECHO

MAINTENANCE) is a Texas corporation with its principal place of business in Jefferson

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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

7. Venue is proper in Jefferson County, Texas, pursuant to 15.002 of the Texas

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

in Jefferson County, Texas.

8. Jurisdiction is proper because the amount in controversy exceeds the minimum

jurisdictional limits of this Court. This Court has personal jurisdiction over all parties as set out

in paragraph III.

V.
NATURE OF CASE

9. On or about December 1, 2017, YESENIA ESPINOZA was working on a new

construction at the ExxonMobil Refinery in Beaumont, Texas. Deceased Plaintiff was employed

by ECHO MAINTENANCE and doing work for EXXONMOBIL and/or BECHETL

(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

resulting injuries and damages.

10. At all relevant times, Defendants EXXONMOBIL and/or BECHTEL exercised

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

ORIGINAL PETITION, APPLICATION FOR

TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION
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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

its contractors or their employees working at and near those instrumentalities.

VI.
NEGLIGENCE OF DEFENDANTS EXXONMOBIL AND BECHTEL

11. On the occasion in question, Defendant EXXONMOBIL and BECHTEL, by and

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;

c. Failing to enact or follow proper safety procedures to properly rig 24

piping;

d. Failing to enact or follow proper safety procedures to properly move the

24 piping;

e. Failing to properly inspect the 24 pipe and its rigging before attempting
to move it;

f. Failing to utilize equipment essential to the safe performance of the work

being performed at the work site;

g. Failing to establish and implement a comprehensive safety inspection

program for the work site in question;

h. Failing to correct a known dangerous condition that had the potential to

harm and kill workers at the work site;

i. Allowing a known dangerous condition to exist and threaten the safety,

rights and welfare of Deceased Plaintiff;

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 j. Failing to implement and establish proper inspection procedures;

k. Failing to establish and follow safe procedures by deviating from Standard

Operating Procedures;

l. Failing to provide Deceased Plaintiff with a safe place to work;

m. Requiring Deceased Plaintiff to work in unsafe conditions;

n. Failing to properly follow proper safety monitoring and control practices;

o. Failing to exercise due care and caution;

p. Failing to observe job site safety, which caused injuries and damages to
Deceased Plaintiff;

q. Failing to properly train its employees/personnel to avoid causing injuries

to others on a job site, including Deceased Plaintiff;

r. Failing to warn Deceased Plaintiff of the dangers that Defendants knew

or should have known associated with Deceased Plaintiff working on the
construction site; and

s. Failing to avoid this incident.

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

damages arising from DEFENDANTS EXXONMOBILS AND BECHTELS malice and/or

gross negligence, by and through the actions of DEFENDANTS EXXONMOBILS AND

BECHTELS employees, agents, ostensible agents, representatives and managers, acting in the

course and scope of their employment. When viewed objectively from DEFENDANTS

EXXONMOBILS AND BECHTELS standpoint, the actions of 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

herein, by and through DEFENDANTS EXXONMOBILS AND BECHTELS employees,

agents, ostensible agents, representatives and managers, constitute gross negligence and said

conduct constitutes malice as that term is defined under Texas law.

VIII.
GROSS NEGLIGENCE OF DEFENDANT ECHO MAINTENANCE

14. On the occasion in question, Defendant ECHO MAINTENANCE owed certain

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:

a. Failing to provide adequate tools and equipment to safely perform their

job in a manner that would not expose them to known risks of serious
injury or damages;

b. Instructing workers to perform activities at a location known to be unsafe;

and

c. Failing to prevent its employees from performing activities known to be

unsafe.

15. Plaintiffs now pray for the recovery of exemplary damages arising from

DEFENDANT ECHO MAINTENANCES malice and/or gross negligence, by and through the

actions of DEFENDANT ECHO MAINTENANCES employees, agents, ostensible agents,

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

ECHO MAINTENANCES 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. 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

DEFENDANT ECHO MAINTENANCES employees, agents, ostensible agents, representatives

and managers, constitute gross negligence and said conduct constitutes malice as that term is

defined under Texas law.

IX.
WRONGFUL DEATH CLAIMS AND DAMAGES OF PLAINTIFFS ARMANDO
ESPINOZA AND ALTAGRACIA CORONADO ESPINOZA, INDIVIDUALLY AND AS
REPRESENTATIVESOF THE ESTATE OF YESENIA ESPINOZA, DECEASED

16. Plaintiffs ARMANDO ESPINOZA and ALTAGRACIA CORONADO

ESPINOZA, Individually and as Representatives of the Estate of YESENIA ESPINOZA,

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

YESENIA ESPINOZA, DECEASED.

17. Plaintiffs ARMANDO ESPINOZA and ALTAGRACIA CORONADO

ESPINOZA, Individually and as Representatives of the Estate of YESENIA ESPINOZA,

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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

from YESENIA ESPINOZA during her lifetime had she lived.

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

damages for this injury.

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

time into the future.

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.

For these losses, Plaintiffs seek additional damages.

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

fee with this petition.

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

moving evidence of any kind.

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

liability have been performed or have occurred.

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

ALTAGRACIA CORONADO ESPINOZA, Individually and as Representatives of the Estate of

YESENIA ESPINOZA, Deceased pray that Defendants EXXONMOBIL OIL CORPORATION,

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,

LAW OFFICE OF MYNOR E. RODRIGUEZ P.C.

/s/ Mynor Eddie Rodriguez

Mynor Eddie Rodriguez
SBN: 24037381
1300 McGowen, Ste. 280
Houston, Texas 77004
Telephone: (832) 779-1081
Facsimile: (832) 553-7420
Email: mrodriguez@rodrigueztrialfirm.com

And

WEEMS LAW FIRM, P.C.

/s/ Christine Vinh Weems

Christine Vinh Weems
SBN: 24028099
1300 McGowen Street, Suite 290
Houston, Texas 77004
Telephone: (713) 489-1977
Facsimile: (832) 218-6750
Email: cweems@weemstriallaw.com

ATTORNEYS FOR PLAINTIFFS

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 CAUSE NO.

ARMANDO ESPINOZA and IN THE DISTRICT COURT OF

A LTA G A R C I A C O R O N A D O E S P I N O Z A ,
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

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."

Further Affiant sayeth not.

SIGNED this H day of ,2017.

Mynor E. Rodriguez c

SUBSCRIBED AND SWORN TO BEFORE ME on this day of

_,2017.

KACIE ADAMS

A Notary Public, State of Texas

Comm. Expires 12-08-2020
NOTAR'H'UBLIC in and for the State of TEXAS

Notary ID 130926195