FILED

10/5/2021 6:19 PM
Mary Angie Garcia
Bexar County District Clerk
Accepted By: Maria Jackson
wjd

2021CI21156
NO. ___________________

JORGE CHAIRES ON BEHALF OF § IN THE DISTRICT COURT

THE ESTATE OF EVANGELINA §
CHAIRES §
Plaintiff, § Bexar County - 408th District Court
§
§
V. § _____ JUDICIAL DISTRICT
§
POTRANCO AND 1604 CORP. and §
ACOSTA, INC., and §
McDONALD’S USA, LLC §
Defendants. § BEXAR COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES Jorge Chaires on behalf of The Estate of Evangelina Chaires, hereinafter

called Plaintiff, complaining of and about Potranco and 1604 Corp., Acosta, Inc., and

McDonald’s USA, hereinafter called Defendants, and for cause of action would show unto the

Court the following:

DISCOVERY CONTROL PLAN LEVEL

1. Plaintiff intends that discovery be conducted under Discovery Level 3.

PARTIES AND SERVICE

2. Plaintiff, Jorge Chaires on behalf of The Estate of Evangelina Chaires, whose address is

10418 Alpine Village, San Antonio, Texas 78245, brings this action as surviving spouse

of Evangelina Charies, an Individual.

3. Defendant Potranco and 1604 Corp., a Corporation based in Texas, is organized under the

laws of the State of Texas, and service of process on the Defendant may be effected

pursuant to sections 5.201 and 5.255 of the Texas Business Organizations Code, by
 serving the registered agent of the corporation, Concannon, Miller and Co., at 5815

Callaghan Road, Ste. 100, San Antonio, Texas 78228, its registered office. Service of

said Defendant as described above can be effected by personal delivery.

4. Defendant Acosta, Inc., a Corporation based in Texas, is organized under the laws of the

State of Texas, and service of process on the Defendant may be effected pursuant to

sections 5.201 and 5.255 of the Texas Business Organizations Code, by serving the

registered agent of the corporation, Richard Acosta, at 5815 Callaghan Road, number

100, San Antonio, Texas 78228, his registered office. Service of said Defendant as

described above can be effected by personal delivery.

5. McDonald’s USA, LLC, a foreign limited liability company, is organized under the laws

of the State of Delaware, and service of process on the Defendant may be effected

pursuant to sections 5.201 and 5.255 of the Texas Business Organizations Code, by

serving the registered agent of the corporation, Corporation Service Company dba

CSC-Lawyers Incorporating Service Company, at 211 E. 7th Street, Ste. 620, Austin,

Texas 78701-3218. Service of said Defendant as described above can be effected by

personal delivery.

Misnomer, Alter-Ego, Assumed Name

6. In the event any parties are misnamed or not included herein, it is Plaintiff’s contention

that such was a “misnomer” and/or such parties are/were “alter egos” of parties named

herein.

JURISDICTION AND VENUE

7. The subject matter in controversy is within the jurisdictional limits of this court.

8. Plaintiff seeks:
 a. only monetary relief of $250,000 or statutory or punitive damages

and penalties, and attorney fees and costs.

9. This court has jurisdiction over the parties because Defendants conduct business in the

state of Texas and have sufficient minimum contact within the state of Texas.

10. Venue in Bexar County is proper in this cause under Section 15.002(a)(1) of the Texas

Civil Practice and Remedies Code because all or a substantial part of the events or

omissions giving rise to this lawsuit occurred in this county.

FACTS

10. On or about October 5, 2019, Evangelina Charies was an Invitee on property controlled

by the Defendants, and was injured under the following circumstances: On or about

October 5, 2019, Evangelina Chaires was an invitee at McDonald’s Restaurant number

31788 located at Potranco and 1604 in San Antonio, Bexar County Texas. This location

is a McDonald’s USA, LLC franchise owned by POTRANCO AND 1604 CORP and

ACOSTA, INC. The employee at the drive-through was handing Ms. Chaires a

dangerously hot cup of coffee when the cup fell on Ms. Chaires’ lap causing the incident

in question. As a proximate result of the aforementioned collision, Ms. Chaires was

caused to suffer serious and permanent injuries and damages as hereinafter described.

LIABILITY OF DEFENDANT POTRANCO AND 1604 CORP. ACOSTA, INC., and

McDONALD’S USA, LLC

11. At all times mentioned herein, Defendants Potranco and 1604 Corp., Acosta, Inc., and

McDonald’s USA, LLC had such control over the premises in question that Defendants

Potranco and 1604 Corp., Acosta, Inc. and McDonald’s USA, LLC owed certain duties to

Plaintiff, the breach of which proximately caused the injuries set forth herein.

12. On or about October 5, 2019, Evangelina Charies was an Invitee on the premises owned
 by the Defendants when Evangelina Charies was injured as a result of the acts and

omissions of the Defendants.

13. Defendants owed Evangelina Charies and others similarly situated the duty to warn of

dangers associated with the temperature of the coffee served at their establishment.

14. Defendants breached said duty and Plaintiff's accidental injuries were caused by

defendants’ negligence, consisting, among other things, of the following:

a. Failure to warn by stating on the menu and/or cup, the danger to be encountered

if the coffee ever fell over;

b. Failure to warn that the coffee lid was not firmly secured to the cup and, as a

result, would easily come off if the coffee tipped over; and

c. Failure to warn that the coffee would become a lethal instrument, causing death

or permanent and disabling injury, should the contents fall and spill on the

consumer.

PROXIMATE CAUSE

15. Each and every, all and singular of the foregoing acts and omissions, on the part of

Defendants, taken separately and/or collectively, constitute a direct and proximate cause

of the injuries and damages set forth below.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the

Defendants be cited to appear and answer herein, and that upon a final hearing of the cause,

judgment be entered for the Plaintiff against Defendants for damages in an amount within the

jurisdictional limits of the Court; together with pre-judgment interest (from the date of injury

through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the
legal rate, costs of court; and such other and further relief to which the Plaintiff may be entitled

at law or in equity.

Respectfully submitted,

WAYNE WRIGHT, L.L.P.

5707 Interstate Ten West
San Antonio, Texas 78201
Tel. (210) 734-7077
Fax. (210) 735-3928
Email for Service: service@waynewright.com

By:
LeeAnn De La Garza
Texas Bar No. 24078405
Email: ldelagarza@waynewright.com

Donald Crook
Texas Bar No. 783901
Email: dcrook@waynewright.com

ATTORNEYS FOR PLAINTIFF

PLAINTIFF HEREBY DEMANDS TRIAL BY JURY