9/18/2017 3:32 PM

Chris Daniel - District Clerk Harris County

Envelope No. 19501878
2017-61602 / Court: 152 By: Wanda Chambers
Filed: 9/18/2017 3:32 PM

Cause No. _____________

MARLENE SPENCER IN THE DISTRICT COURT OF

Plaintiff


v. HARRIS COUNTY, TEXAS

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RED LOBSTER HOSPITALITY LLC,

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RED LOBSTER OF TEXAS, INC. DBA ________JUDICIAL DISTRICT

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RED LOBSTEROF TEXAS INC. 356, and
RED LOBSTER MANAGEMENT LLC

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Defendants

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PLAINTIFFS ORIGINAL PETITION

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TO THE HONORABLE JUDGE OF SAID COURT: Da
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COMES NOW, MARLENE SPENCER, Plaintiff in the above numbered and entitled
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cause, and files this Original Petition against Defendants RED LOBSTER HOSPITALITY LLC,
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RED LOBSTER OF TEXAS, INC. DBA RED LOBSTER OF TEXAS INC. 356, and RED
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LOBSTER MANAGEMENT LLC and would respectfully show this honorable Court the
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following:
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I. DISCOVERY-CONTROL PLAN
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1. Plaintiff intends to conduct discovery under Level 2 of Texas Rule of Civil Procedure
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190.
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II. PARTIES

2. Plaintiff, Marlene Spencer, is a resident of Harris County, Texas.

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3. Defendant, Red Lobster Hospitality LLC, is a foreign limited liability company doing

business in Harris County, Texas and may be served with citation on its registered agent,

Corporate Creations Network Inc., at 2425 W Loop South #200 Houston, Texas 77027.

4. Defendant, Red Lobster of Texas, Inc. DBA Red Lobster of Texas Inc. 356, is a domestic

for-profit corporation doing business in Harris County, Texas and may be served with citation on

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its registered agent, Corporate Creations Network Inc., at 2425 W Loop South #200 Houston,

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Texas 77027.

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5. Defendant, Red Lobster Management LLC, is a foreign limited liability company doing

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business in Harris County, Texas and may be served with citation on its registered agent,

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Corporate Creations Network Inc., at 2425 W Loop South #200 Houston, Texas 77027.
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III. JURISDICTION AND VENUE
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6. This Court has jurisdiction over the controversy because the damages sought are within
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the jurisdictional limits of the Court. Venue for this action is properly maintained in Harris
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County, Texas, pursuant to Section 15.002 of the Texas Practice and Remedies Code because the
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incident giving rise to the claims in this suit occurred in Harris County.
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IV. FACTS
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7. This lawsuit became necessary as a result of an incident that occurred on or about the
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evening of March 27, 2017.

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8. On or about the evening of March 27, 2017 Marlene Spencer, an 82-year-old 113 pound

elderly woman walked from her residence at Brookdale Senior Living at Clear Lake to the bar at

nearby Red Lobster on Bay Area Boulevard in Webster, Texas.

9. Upon information and belief, Ms. Spencer was sold, served, and provided numerous

alcoholic beverages and became more than obviously intoxicated. Despite her obvious

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intoxication, Red Lobster continued to serve Ms. Spencer alcoholic beverages until she was more

than three and one half times the statutory blood alcohol level of intoxication.

10. After leaving Red Lobster, Ms. Spencer did not even make it out of the parking lot of

Red Lobster, but instead fell and broke her right hip and right arm and hit her head in the parking

lot before being taken by ambulance to Clear Lake Regional hospital. It was not until a few

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hours after the incident that Brookdale became aware of the situation, and it was only because

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the Red Lobster manager attempted to leave a message to let a companion of Ms. Spencers

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know that she had been taken to the hospital. Her blood alcohol level was a shocking .31, nearly

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four times the legal limit. Ms. Spencer was in the hospital for an extended period of time as she

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had to undergo a total hip replacement, detoxification, and tests on her head. She had to stay in
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the intensive care unit for six days. Following the extensive hospital stay, Ms. Spencer had to
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attend rehabilitation at Harborview for an extended period of time.

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11. In the months leading up to the incident at issue, Ms. Spencers daughter had multiple
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conversations with the Red Lobster bar manager, cautioning Red Lobster not to overserve her
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mother alcohol. This was an ongoing problem that Ms. Spencers daughter tried to quell, but to
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no avail.
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12. Upon information and belief, this has been a recurring problem with multiple Brookdale
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residents.
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V. CAUSE OF ACTION
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Violation of the Dram Shop Act

13. Defendants were negligent in serving and continuing to serve alcohol to Plaintiff Marlene

Spencer, an elderly woman, when it was apparent that she was obviously intoxicated to the

extent that she presented a clear danger to herself and others. This conduct violated TABC Sec.

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2.02. Plaintiffs intoxication proximately caused the accident resulting in the severe injuries she

sustained on or about the evening of March 27, 2017.

14. Defendants were negligent in serving and continuing to serve alcohol to Plaintiff when it

was apparent that she was obviously intoxicated to the extent she presented a clear danger to

herself and others.

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15. Each of the above and foregoing acts and omissions, taken singularly or collectively,

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constitute negligence and were a proximate cause of the injuries and damages sustained by the

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Plaintiff Marlene Spencer.

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VI. DAMAGES

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Conscious pain and suffering in the past and continuing in the future;
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b) Mental anguish in the past and continuing in the future; and
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b) Medical expenses in the past and continuing in the future.

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17. Plaintiff alleges damages far in excess of the minimum jurisdiction of the Court and
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specifically reserves the right to plea the damages with particularity when the damages are more
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fully known to her.

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VII. JURY DEMAND

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18. Plaintiff demands a jury trial and has or will pay the appropriate fee.
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VIII. REQUEST FOR DISCLOSURE

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19. Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendants disclose,

within 50 days of the service of this request, the information or material described in Rule 194.2.

IX. PRAYER

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 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to

appear and answer herein, and that upon final hearing or trial she be awarded damages,

prejudgment and postjudgment interest, costs of court in excess of the minimal jurisdictional

amounts of this Court, and for such further and additional relief to which Plaintiff may be justly

entitled to receive.

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Respectfully submitted,

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MARKLE DELACRUZ, LLP

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By:

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Spencer G. Markle
State Bar No. 12989200
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spencer@markledelacruz.com
Morgan R. Gullatt
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State Bar No. 24101839
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morgan@markledelacruz.com
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700 Gemini Avenue, Suite 240

Houston, Texas 77058
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Telephone: (281) 486-0677

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Facsimile: (281) 486-0694

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