PLAINTIFFS’ ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Plaintiffs, Jane Doe and John Doe, file this Original Petition complaining of Defendants, Massage Heights Franchising, LLC. (“Massage Heights”), AH&A Deli, LLC. d/b/a Massage Heights Vanderbilt (“Massage Vanderbilt”), and Asif Hafiz (“Defendant Owner”), collectively as “Defendants”, and would show as follows:
I. DISCOVERY CONTROL PLAN
1.1 Pursuant to Tex. R. Civ. P. 190.1, Plaintiffs intend to conduct discovery under Level 3 and requests that a Discovery Control Plan be entered by the Court pursuant to Rule 190.4.
Plaintiffs, Jane Doe and John Doe, are individuals residing in Harris County,
Defendant, Massage Heights Franchising, LLC., is a business organization organized under the laws of the state of Texas with its principal place of business in San Antonio, Texas which may be served with citation herein by delivering a copy of this petition with citation
to its Registered Agent, Suzanne Lozano, 13750 US Highway 281 North, Ste. 230, San Antonio, TX 778232, or wherever she may be found.
Defendant AH&A Deli, LLC. d/b/a Massage Heights Vanderbilt is a business organization organized under the laws of the state of Texas with its principal place of business in Houston, Harris County, Texas which may be served with citation herein by delivering a copy of this petition with citation to its Registered Agent, Hera Khaliq, 10011 Hazel Woods Richmond, TX 77407, or wherever she may be found.
Defendant Asif Hafiz is a resident of Fort Bend County and may be served with citation herein by delivering a copy of this petition with citation at his place of residence 10011 Hazel Woods Ct. Richmond, TX 77407, or wherever she may be
Pursuant to R. Civ. P. 28, Plaintiffs expressly invokes the right to have the true name(s) of the parties substituted at a later time upon the motion of any party or of the Court.
III. JURISDICTION AND VENUE
This Court has subject matter jurisdiction over this case under its general jurisdiction as conferred by the Texas Constitution and because the amount in controversy exceeds this Court’s minimum jurisdictional
Venue is proper in Harris County, Texas, pursuant to Tex. R. Civ. P. Prac. &
Code Ann. §15.002(a)(l) because all or substantial part of the events or omissions giving rise to the claim occurred in Harris county.
On or about August 19, 2019 Jane Doe went to a massage facility owned and operated by the Defendants called “Massage Heights Vanderbilt” located at 3003 West Holcombe Boulevard, Suite A Houston, TX
Jane Doe was recommended Defendants’ employee masseur James Jefferson, a/k/a Wenjin Zhu “James Jefferson”, by the
While giving a hot rock massage, the James Jefferson burned Jane Doe by placing extremely hot rocks on her
Additionally, during the course of massage, James Jefferson also sexually assaulted Jane
Jane Doe complained to the authorities and upon her outcry, the authorities sent an undercover female officer to the establishment to get a massage from Mr.
After a report by the undercover officer, James Jefferson was arrested for sexual
Defendants have duties to exercise ordinary care in carrymg out their responsibilities as owners, franchisee, and franchisors of Massage
Defendants breached that duty of care in numerous ways including, but not limited to the following:
Failing to create a safe environment on the premises;
Failing to make safe condition on Defendants’ premises which Defendants knew or should have known posed unreasonable risk of harm to individuals;
Failing to conduct adequate background check prior to James Jefferson;
Failing to hire, train and retain professional massage therapists;
Failing to supervise their employees, including James Jefferson;
Failing to train James Jefferson in safety rules, policies, and procedures governing massage therapists’ conduct during a massage;
Failing to adequately train James Jefferson in the use of hot rocks for massage;
Failing to provide training to James Jefferson in safety procedures and sexual misconduct; and
Failure to enforce a zero-tolerance policy related to inappropriate behavior.
Defendants’ breach proximately caused the injuries and damages sustained by Plaintiffs.
VI. GROSS NEGLIGENCE
All allegations herein are incorporated by
Each and all of the foregoing negligent acts and omissions, taken singularly or in combination, constitute grossly negligent conduct on the part of the Defendants in that such a conduct when viewed objectively from the standpoint of Defendants at the time of its occurrence involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and which Defendants had actual, or subjective awareness of the risk involved, but nevertheless, proceeded with conscious indifference to the rights, safety and welfare of
As a direct and proximate result of the gross negligence of Defendants, Plaintiffs suffered harm, injuries, losses, and damages and they are further entitled to exemplary damages in an amount within the jurisdictional limits of this Court, for which Plaintiffs also bring suit.
Plaintiffs, in the exercise of reasonable diligence, did not discover and could not have discovered the negligence, false, misleading or deceptive acts or practices, or the unconscionable actions or causes of action, by Massage Heights, Massage Vanderbilt, and Defendant Owner, until the date of the incident, August 19th, 2019, in which Jane Doe was assaulted,.
As a direct and proximate result of Defendants’ acts and omissions, Plaintiffs sustained injuries and bring this suit for the following damages which resulted from the assault:
Past and future physical pain and suffering;
Past and future mental anguish;
Past and future medical expenses;
Past loss of earnings; and
Loss of consortium and
Based on the above enumerated damages caused by Defendants’ negligent acts and omissions, the amount of Plaintiffs’ damages is substantial and exceed the jurisdictional minimums of this Court. The amount of damages that would fairly and reasonably compensate Plaintiffs for their injuries is to be properly determined by a jury after consideration of all the evidence presented at trial. However, in satisfaction of the requirements of Rule 47(c), Plaintiffs states that he seeks monetary relief over $1,000,000.00. Plaintiffs makes this damage calculation pursuant to Tex. R. Civ. P. 47. This statement is made solely for the purpose of providing information on the nature
of this case, does not affect Plaintiffs’ substantive right, and is made subject to Plaintiffs’ right to amend.
VIII. CONDITIONS PRECEDENT
8.1 All conditions precedent to Plaintiffs’ claims for relief have been performed or have occurred.
IX. REQUEST FOR DISCLOSURE
9.1 Pursuant to Tex. R. Civ. P. 194, Plaintiffs request that Defendants disclose, within
fifty (50) days of service of this request, the information or material described in Rule 194.2.
X. RULE 193.7 NOTICE
10.1 Pursuant to Tex. R. Civ. P. 193.7, Plaintiffs hereby give actual notice to Defendants that any documents produced in response to written discovery will be used in pretrial proceedings and/or at trial without the necessity of authenticating the documents, unless Defendants object pursuant to Rule 193.7.
For the reasons stated herein, Plaintiffs, Jane Doe and John Doe, respectfully request that the Court issue citation commanding Defendants, Massage Heights Franchising, LLC., AH&A Deli, LLC. d/b/a Massage Heights Vanderbilt, and Asif Hafiz to appear and answer, and that Plaintiffs have judgment against Defendants, jointly and severally, for actual damages; pre judgment and post-judgment interest; costs of court; and any further relief to which Plaintiffs may be entitled.