6/6/2022 1:45 AM

Marilyn Burgess - District Clerk Harris County

Envelope No. 65136153
By: Joshua Hall
Filed: 6/6/2022 1:45 AM
2022-33408
Cause No._____________

AMANEH SANAA ISPAHANY, Individually § IN THE DISTRICT COURT OF

and as Next Friend of A.J. (Minor) §
§
§
v. § HARRIS COUNTY, TEXAS
§
§
SUGAR LAND URBAN AIR, LLC, §
PEARLAND URBAN AIR, LLC, §
UATP MANAGEMENT, LLC, §
UATP HOLDINGS, LLC, & §
ROCKWOOD ALLIANCES, INC. d/b/a §
190th
ROCKWOOD BUILDERS § ______ JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff, AMANEH SANAA ISPAHANY, Individually and as Next Friend of A.J.

(Minor) brings this lawsuit complaining of Defendants, SUGAR LAND URBAN AIR, LLC,

PEARLAND URBAN AIR, LLC, UATP MANAGEMENT, LLC, UATP HOLDINGS, LLC and

ROCKWOOD ALLIANCES, INC. d/b/a ROCKWOOD BUILDERS, would respectfully show:

I.
DISCOVERY LEVEL

1. Plaintiff requests discovery be conducted under Level 3 in accordance with Rule

190.4 of the Texas Rules of Civil Procedure and this case is not subject to Texas Rule of

Civil Procedure 169. Pursuant to Texas Rule of Civil Procedure 47, Plaintiff seeks damages

exceeding $1,000,000.00.

II.
PARTIES

2. Plaintiff, Amaneh Sanaa Ispahany, Individually and as Next Friend of A.J. (Minor)

is a resident of Fort Bend County, Texas. Plaintiff, Amaneh Sanaa Ispahany, is the

biological mother and legal guardian of A.J. (Minor).

3. Defendant, Sugar Land Urban Air, LLC, is a domestic limited liability company

organized and existing under the laws of the state of Texas. This Defendant is authorized

to do business in Texas and may be served through its registered agent InCorp Services,

Inc., 815 Brazos St, Ste 500, Austin, TX 78701.

4. Defendant, Pearland Urban Air, LLC, is a domestic limited liability company

organized and existing under the laws of the state of Texas. This Defendant is authorized

to do business in Texas and may be served through its registered agent InCorp Services,

Inc., 815 Brazos St, Ste 500, Austin, TX 78701.

5. Defendant, UATP Management, LLC, is a domestic limited liability company

organized and existing under the laws of the state of Texas. This Defendant is authorized

to do business in Texas and may be served through its registered agent Stephen Polozola,

2350 Airport Freeway, Suite 505, Bedford, TX 76022.

6. Defendant, UATP Holdings, LLC, is a domestic limited liability company organized

and existing under the laws of the state of Texas. This Defendant is authorized to do

business in Texas and may be served through its registered agent Stephen Polozola, 2350

Airport Freeway, Suite 505, Bedford, TX 76022.

7. Defendant, Rockwood Alliances, Inc. d/b/a Rockwood Builders (“Rockwood

Builders”), is a domestic corporation organized and existing under the laws of the state of

Texas. This Defendant is authorized to do business in Texas and may be served through

its registered agent Saleem Fernandez, 2012 Emancipation Ave, Houston, Texas 77003.

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 III.
JURISDICTION

8. This Court has jurisdiction over Defendants because Defendants have done

business in Texas, committed a tort in Texas and have had continuous contacts with

Texas. In addition, the damages for which Plaintiff brings suit exceed the minimum

jurisdictional limits of the court.

IV.
VENUE

9. Venue is proper in Harris County, Texas because Defendants Pearland Urban Air,

LLC and Rockwood Builders have principal offices in Harris County, Texas.

V.
FACTS

10. On June 4, 2022, fourteen (14) year old A.J. (Minor) was severely injured in a thirty

foot (30') fall at the Urban Air Trampoline Park located at 9848 US-90 ALT, Sugar Land, TX

77478. Defendants Sugar Land Urban Air, LLC, Pearland Urban Air, LLC, UATP

Management, LLC and UATP Holdings, LLC (collectively, “Urban Air Defendants”) own,

operate, manage, market, direct and control the Sugar Land Urban Air facility and

Defendant Rockwood Builders constructed the Sugar Land facility and attractions.

11. Urban Air is a self proclaimed children’s indoor adventure park. It features,

trampolines, ball pits, obstacle courses and climbing walls for children of all ages. Urban

Air Defendants promote the Sugar Land, Texas facility as “adventurous and safe” and

encourage parents to bring their children and “let ‘em climb” and “let ‘em loose.”

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 Urban Air Sugar Land Website

12. Urban Air Defendants advertise safety harnesses as protection for climbers and

encourage children with little to no climbing experience to climb to the very top of the

climbing wall, promising the climb to be a rewarding experience for all children “even after

a couple of falls.”

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13. On the date of the incident, A.J. approached one of several climbing walls at the

Sugar Land Urban Air facility. An attendee placed a harness around A.J.’s waist and

directed her to climb the wall.

14. After climbing approximately thirty feet (30'), A.J. fell backward expecting the safety

harness and auto-belay safety line to slowly lower her approximately 1 meter/second back

down to safety. However, unknown to A.J., the attendant never connected A.J.’s harness

to the safety line.

15. A.J. dropped thirty feet (30') completely unprotected, slamming feet first into the hard

ground. There were no pads or mats beneath the wall where she fell. After striking the

ground, A.J. could not stand and laid on the floor screaming in agony. Paramedics

transported A.J. by ambulance to a local emergency room before she was transferred to

Children’s Memorial Hermann Hospital for a higher level of care.

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16. A.J. suffered multiple severe injuries to her legs and back, including right leg

fractures, left leg fractures and vertebral compression fractures. A.J. currently has casts on

both legs and remains in hospital where her pain and nerve damage continues to be

treated and monitored.

VI.
NEGLIGENCE -
Urban Air Defendants

17. Defendants owed various duties to Plaintiff, A.J. Defendants breached these duties

and were negligent in one or more of the following ways:

a. Failing to fall provide fall protection to Plaintiff;

b. Failing to secure the auto-belay line to Plaintiff’s harness;

c. Failing to provide safe climbing equipment;

d. Failing to warn Plaintiff of the risk of falling unprotected;

e. Failing to implement policies and procedures to protect Plaintiff from

falling unprotected, including failing to have ‘checks and balances’ or
redundant procedures to ensure more than one employee confirms
each harness is attached to the safety line;

f. Failing to train employees on how to properly secure climbing

harness;

g. Failing to train employees on how to inspect climbing harness;

h. Failing to train employees on how to operate the climbing wall and

safety equipment;

i. Failing to use ordinary care in operating the climbing wall and safety
equipment;

j. Failing to supervise employees; and

k. Failing to provide a reasonably safe environment for Plaintiffs.

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18. Defendants’ acts and omissions proximately caused Plaintiff’s injuries.

VII.
NEGLIGENCE -
Rockwood Builders

19. Defendant owed various duties to Plaintiff A.J. Defendants breached these duties

and were negligent in one or more of the following ways:

a. Failing to construct a facility safe for its intended purpose;

b. Failing to use reasonable care in constructing and designing a

climbing attraction;

c. Failing to design and install safe climbing equipment; and

d. Failing to install or construct safety mats beneath a climbing wall.

20. Defendants’ acts and omissions proximately caused Plaintiff’s injuries.

VIII.
PREMISES LIABILITY -
Urban Air Defendants

21. Defendants owned or controlled the premises, owed various duties to Plaintiff A.J.

as an invitee and had actual or constructive knowledge of an unreasonably dangerous

condition on the premises. Defendants breached their duties and were negligent in one or

more of the following ways:

a. Failing to provide mats or crash pads beneath the climbing wall;

and

b. Failing to warn of the extreme risk injury due to the lack of mats or crash
pads beneath the climbing wall.

22. Defendants’ acts and omissions proximately caused Plaintiff’s injuries.

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 IX.
NEGLIGENCE PER SE -
Urban Air Defendants

23. Defendants’ negligence violated the Texas Penal Code § 22.04. Specifically,

Defendants violated:

§ 22.04. Duty not to knowingly or recklessly by omission cause bodily

injury to a child 14 years of age or younger.

24. The above provisions of the Texas Penal Code are designed to protect a class of

persons to which A.J. belongs. Violations of the above Texas Penal Code impose tort

liability. Defendants’ violations of the above Texas Penal Code sections were done without

a legal excuse. Defendants’ breach of various duties imposed on them by the above Texas

Penal Code section proximately caused Plaintiff's injuries, resulting in the damages

itemized below.

X.
RESPONDEAT SUPERIOR

25. Employers are liable for torts committed by their employees in the course and scope

of their employment. Defendants’ employees while acting within the course and scope of

their employment with Defendants and in furtherance Defendants’ business, had a duty to

exercise reasonable care in performing their work. Defendants’ employees failed to

exercise reasonable care in performing their work and caused Plaintiff's injuries. As a

result, Defendants are liable for Plaintiff's injuries.

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 XI.
ASSUMPTION OF DUTY LIABILITY -
UATP Management, LLC and UATP Holdings, LLC

26. Defendants are liable for negligence in this case. The Defendants assumed

responsibility and undertook a duty to provide a safe climbing experience for Plaintiff.

27. Defendants rendered safety, operational, financial and managerial advice and

services to franchisee, Sugar Land Urban Air, LLC. Sugar Land Urban Air, LLC relied on

Defendants for safety, operational, financial and managerial advice and services and

Plaintiff suffered harm because Sugar Land Urban Air, LLC relied on Defendants.

28. Defendants failed to exercise reasonable care in their rendition of advice and

services. Accordingly, the following provisions of the Restatement (Second) of Torts apply

to this case:

§ 323 Negligent Performance of Undertaking to Render Services

One who undertakes, gratuitously or for consideration, to render services to

another which he should recognize as necessary for the protection of the
other's person or things, is subject to liability to the other for physical harm
resulting from his failure to exercise reasonable care to perform his
undertaking, if

(a) his failure to exercise such care increases the risk of such harm, or

(b) the harm is suffered because of the other's reliance upon the
undertaking.

§ 324A Liability to a Third Person for Negligent Performance of Undertaking

One who undertakes, gratuitously or for consideration, to render services to

another which he should recognize as necessary for the protection of a third
person or his things, is subject to liability to the third person for physical harm
resulting from his failure to exercise reasonable care to protect his
undertaking, if

(a) his failure to exercise reasonable care increases the risk of such
harm, or

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 (b) he has undertaken to perform a duty owed by the other to the third
person, or

(c) the harm is suffered because of reliance of the other or the third
person upon the undertaking.

29. Defendants' assumption of these duties and their failures to exercise reasonable

care in the performance of such duties proximately caused Plaintiff's injuries and damages.

XII.
NEGLIGENT MISREPRESENTATION -
Urban Air Defendants

30. Defendants made misrepresentations to Plaintiff regarding safety. Defendants failed

to exercise reasonable care or competence in obtaining or communicating information.

Specifically, Defendants claimed the climbing was a safe activity and safety equipment

would be provided. Plaintiff and other patrons justifiably relied on misrepresentations made

by Defendants. Defendants' negligent misrepresentations, specifically, Defendants failure

to disclose the risk of falls and injuries and inadequate protection, proximately caused

Plaintiff's damages.

XIII.
DAMAGES

31. Plaintiff requests the following damages to be considered separately and individually

for the purpose of determining the sum of money that will fairly and reasonably compensate

him:

a. The physical pain and suffering Plaintiff suffered in the past and will
continue to suffer in the future;

b. The physical impairment Plaintiff suffered in the past and will

continue to suffer in the future;

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 c. The physical disfigurement Plaintiff suffered in the past and will
continue to suffer in the future;

d. The mental anguish Plaintiff suffered in the past and will continue to
suffer in the future;

e. Loss of enjoyment of life Plaintiff suffered in the past and will

continue to suffer in the future; and

f. The amount of reasonable medical expenses necessarily incurred

by Plaintiff in the past and will be reasonably incurred in the future.

XIV.
EXEMPLARY DAMAGES

32. Defendants’ conduct, when viewed from the standpoint of the actors at the time of

the occurrence, involved an extreme degree of risk, considering the probability and

magnitude of the potential harm to others. Furthermore, Defendants’ conduct illustrates not

only an attitude of conscious indifference for the rights, safety and welfare of others, but

also shows Defendants’ actual and subjective awareness of the dangers of such conduct.

33. Nevertheless, Defendants proceeded with a conscious indifference to the rights,

safety or welfare of others, including Plaintiff. Therefore, Defendants are liable for

exemplary/punitive damages. There are no limitations on the amount of recovery of

exemplary damages because Defendants knowingly violated Texas Penal Code § 22.04.

XV.
JURY DEMAND

34. Plaintiff DEMANDS A TRIAL BY JURY and submits the appropriate fee.

XVI.
CONDITIONS PRECEDENT

35. All conditions precedent have been performed or have occurred as required by

TEXAS RULE OF CIVIL PROCEDURE 54.

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 XVII.
PRAYER

36. For the above reasons, Plaintiff prays he has judgment against Defendants, with

interest on the judgment at the legal rate, pre-judgment interest, costs of court and for such

other further relief, both in law and equity, to which Plaintiff may show himself justly entitled.

Respectfully Submitted,

THE GIBSON LAW FIRM

_________________________________
Jason A. Gibson
State Bar No. 24000606
jag@jag-lawfirm.com
Casey L. Gibson
State Bar No. 24090599
cgibson@jag-lawfirm.com
3701 Kirby Drive, Suite 101
Houston, Texas 77098
Ph: (713) 650-1010
Fax: (713) 650-1011

e-Service: efile@jag-lawfirm.com
ATTORNEYS FOR PLAINTIFF

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 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Jason Gibson on behalf of Jason Gibson

Bar No. 24000606
efile@jag-lawfirm.com
Envelope ID: 65136153
Status as of 6/6/2022 10:30 AM CST

Associated Case Party: Amaneh Sascha Jamani

Name BarNumber Email TimestampSubmitted Status

Casey Gibson cgibson@jag-lawfirm.com 6/6/2022 1:45:27 AM SENT

JAG E-File efile@jag-lawfirm.com 6/6/2022 1:45:27 AM SENT

Associated Case Party: Amaneh Sanaa Ispahany

Name BarNumber Email TimestampSubmitted Status

Casey Gibson cgibson@jag-lawfirm.com 6/6/2022 1:45:27 AM SENT

JAG E-File efile@jag-lawfirm.com 6/6/2022 1:45:27 AM SENT