FILED

CIT PPS - SAC 2

9/7/2018 1:26 PM
Donna Kay McKinney W/ JD
Bexar County District Clerk
Accepted By: Victoria Angeles

2018CI17174
CAUSE NO. __________________

BRADY PASSANT § IN THE DISTRICT COURT OF

Plaintiff, §
§
VS. § BEXAR COUNTY, TEXAS
§
PASHA MEDITERRANEAN §
GRILL, LLC §
288th
Defendant. § TH JUDICIAL DISTRICT

PLAINTIFF’S ORIGINAL PETITION

AND REQUESTS FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff, Brady Passant (hereinafter referred to as “Mr. Passant” or

“Plaintiff”) files this Original Petition and Requests for Disclosure

complaining of Defendant, Pasha Mediterranean Grill, LLC (hereinafter

referred to as “Pasha” or “Defendant”), and would respectfully show the

Court as follows:

I.
DISCOVERY CONTROL PLAN

1.1 Plaintiff pleads that this case should be assigned to Discovery

Track Three pursuant to Rule 190.4 of the Texas Rules of Civil Procedure

and will seek an agreed Order or other Court Order to this effect.

Plaintiff’s Original Petition and Requests for Disclosure Page 1

 II.
PARTIES

2.1 Plaintiff Brady Passant is a citizen and resident of Bexar

County, Texas and was a citizen and resident of Bexar County, Texas at all

times relevant to this suit.

2.2 Pasha Mediterranean Grill, LLC, is a limited liability company

organized and existing under the laws of the State of Texas. Additionally,

Pasha Mediterranean Grill, LLC has an office in the State of Texas,

maintains a registered agent for service of process in Texas, actively

conducts business in Texas, and in fact, this action arises from Pasha

Mediterranean Grill’s conduct in Texas. At all times relevant hereto, Pasha

Mediterranean Grill was a manufacturer, distributor and seller of

contaminated food products in Texas. Pasha Mediterranean Grill, LLC may

be served with process by serving its Registered Agent, Daniel Ladere at

9339 Wurzbach Road, San Antonio, Texas 78240.

III.
JURISDICTION AND VENUE

3.1 Plaintiff seeks monetary relief of $200,000 but not exceeding

$1,000,000. The amount in controversy herein, exclusive of costs and

interest, exceeds the minimal jurisdictional limits of this Court.

3.2 Venue is proper in Bexar County, Texas, pursuant to Section

15.002(a)(1) of the Texas Civil Practice and Remedies Code because the acts

Plaintiff’s Original Petition and Requests for Disclosure Page 2

and omissions of the Defendant giving rise to the Plaintiff’s causes-of-

action occurred in Bexar County, Texas.

3.3 The Court has general and specific personal jurisdiction over

Defendant because they have sufficient contacts, generally and with regard

to this specific action, such that the exercise of jurisdiction over them is

proper and does not offend traditional notions of fair play and substantial

justice. Defendant’s conduct and solicit business in Texas, derive

substantial revenues and profits from their business in Texas, purposely

direct their activities towards Texas and its residents, and purposely avail

themselves of the privilege of conducting business in Texas.

3.4 Plaintiff expressly disavow any claims are being made

pursuant to federal law, treaties, or constitutions. Although the amount in

controversy exceeds $75,000, exclusive of costs and interest, there is a lack

of complete diversity because Plaintiff and Defendant are all citizens of

Texas. Any removal, or consent to removal, of this case to federal court

would be improper.

IV.
FACTUAL BACKGROUND

4.1 On or about August 30, 2018, Mr. Passant ate dinner at the

Pasha Mediterranean Grill location on Wurzbach Road in San Antonio.

Plaintiff’s Original Petition and Requests for Disclosure Page 3

 4.2 The following day he began to experience nausea, chills, and

vomiting. His symptoms progressed over the next two days with

increasing intensity.

4.3 On or about Saturday, September 1, 2018, Mr. Passant was in

such intense pain he decided to visit Baptist Emergency Hospital -

Hausman where he received treatment for food poisoning.

CAUSES OF ACTION

V.
STRICT LIABILITY

5.1 The food product at issue in this suit was designed,

manufactured, constructed, marketed and/or distributed by and through

Defendant.

5.2 The food product in question remained unchanged from the

time it was originally manufactured, distributed and sold by Defendant

until it reached the Plaintiff. The product in question was defective and in

an unreasonably dangerous condition when it left the hands of Defendant

and remained defective and unreasonably dangerous at all times thereafter

until it ultimately caused the Plaintiff’s illness and damages.

5.3 At the time the food product left control of the Defendant, it

was defective and unreasonably dangerous in that it was not adequately

manufactured or marketed to minimize the risk of injury or death.

Plaintiff’s Original Petition and Requests for Disclosure Page 4

 5.4 The above unreasonably dangerous defects, among others, in

the product in question were the proximate and producing cause of the

Plaintiff’s damages.

VI.
NEGLIGENCE

6.1 Defendant owed a duty to the Plaintiff to take reasonable care

to prevent the manufacture, distribution, and sale of food products

contaminated with Salmonella, E. Coli, or other foodborne pathogens.

6.2 Defendant owed a duty to the Plaintiff to maintain their

premises, equipment, and facilities, and supervise their employees, in a

reasonable manner to prevent the contamination of the food products that

they manufactured, distributed and/or sold by Salmonella, E. Coli, or other

pathogens.

6.3 Defendant breached these duties. The breach of these duties

was the proximate cause of the Plaintiff’s injuries.

VII.
NEGLIGENCE PER SE

7.1 Defendant owed a duty to the Plaintiff to comply with all

applicable laws and regulations relating to the manufacture, distribution,

and sale of food, requiring that such food be free of pathogens, and

unadulterated.

7.2 The Plaintiff was among the class of persons, namely

Plaintiff’s Original Petition and Requests for Disclosure Page 5

consumers, intended to be protected by laws related to the manufacture,

distribution, and sale of food that was free from pathogens and

unadulterated.

VIII.
DAMAGES

8.1 As a result his injuries, Plaintiff seeks monetary damages to

compensate him for the following elements of damage:

(a) Reasonable and necessary medical care and expenses in the

past;

(b) Reasonable and necessary medical care and expenses that will,

in reasonable probability, be incurred in the future;

(c) Physical pain and suffering in the past;

(d) Physical pain and suffering that will, in reasonable probability,

be incurred in the future;

(e) Physical impairment in the past;

(f) Physical impairment that will, in reasonable probability, be

suffered in the future;

(g) Mental anguish in the past;

(h) Mental anguish that will, in reasonable probability, be suffered

in the future;

(i) Loss of wage earning capacity in the past; and

Plaintiff’s Original Petition and Requests for Disclosure Page 6

 (j) Loss of wage earning capacity that will, in reasonable

probability, be incurred in the future.

IX.
REQUEST FOR DISCLOSURES
9.1 Pursuant to Rule 194 of the Texas Rules of Civil Procedure, all

parties named herein as Defendant 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).

X.
PRE-JUDGMENT AND POST-JUDGMENT INTEREST

10.1 Plaintiff seeks pre-judgment and post-judgment interest at the

highest rate provided by law.

XI.
RESERVATION OF RIGHTS

11.1 Plaintiff reserves the right to prove the amount of damages at

trial. Plaintiff reserves the right to amend this petition and add additional

counts and/or parties as discovery continues.

XII.
CONDITIONS PRECEDENT

12.1 Pursuant to Rule 54 of the Texas Rules of Civil Procedure, all

conditions precedent to Plaintiff’s rights to recover and Defendant’s

liability have been performed or have occurred.

Plaintiff’s Original Petition and Requests for Disclosure Page 7

 XIII.
JURY DEMAND

13.1 Plaintiff requests a trial by jury and have tendered the

applicable fee.

XIV.
PRAYER

14.1 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that

Defendant be cited to appear and answer herein, that this cause be set

down for trial before a jury, and that Plaintiff recover judgment of and

from Defendant for his actual damages, in such amount as the evidence

shows and the jury determines to be proper, together with pre-judgment

interest and post-judgment interest, costs of suit, and reasonable and

necessary attorney’s fees. Finally, Plaintiff seeks any and all other and

further relief to which they may show themselves to be entitled, whether at

law or in equity.

Dated this 7th day of September, 2018.

Plaintiff’s Original Petition and Requests for Disclosure Page 8

 Respectfully submitted,

HILL LAW FIRM

By: !
Justin A. Hill
State Bar No. 24057902
816 Camaron, Suite 2.22
San Antonio, Texas 78212
Phone: (210) 960-3939
Fax: (844) 404-4455
Email: justin@jahlawfirm.com

ATTORNEY FOR PLAINTIFF

Plaintiff’s Original Petition and Requests for Disclosure Page 9