9/13/2022 11:07 AM

Marilyn Burgess - District Clerk Harris County

Envelope No. 68196068
By: Maria Rodriguez
Filed: 9/12/2022 1:38 PM

CAUSE NO.
JERALDIN OSPINA, an individual, § IN THE DISTRICT COURT
JERALDIN OSPINA, as next friend of §
AH, a minor, and ANTHONY RAMOS, §
an individual, §
§
Plaintiffs, §
§
v. § _______ JUDICIAL DISTRICT
§
ALONNIEA FANTASIA FORD, an §
individual, §
JACK IN THE BOX, INC., a corporation, §
and A3H FOODS GENERAL PARTNER, §
LLC., a limited liability company. §
§
Defendants. § HARRIS COUNTY, TEXAS

PLAINTIFFS’ ORIGINAL PETITION

Plaintiffs Jeraldin Ospina, Jeraldin Ospina as next friend of AH, a minor,

and Anthony Ramos allege as follows:

I.
DISCOVERY CONTROL PLAN LEVEL 3
1. Under Texas Rule of Civil Procedure 190.4, plaintiffs declare that discovery in this
lawsuit is intended to be conducted under Level 3. Plaintiffs affirmatively plead this suit is not

governed by the expedited actions process in Texas Rule of Civil Procedure 169 because plaintiffs

seek monetary relief over $1,000,000.00.

II.
NATURE OF THE CASE
2. This is a cause of action in which plaintiffs seek to recover damages as a result of

an incident at Jack In the Box in Houston, Texas that occurred on March 3, 2021.

Plaintiffs’ Original Petition Page 1

 III.
THE PARTIES

3. At all times material hereto, plaintiff, Jeraldin Ospina was a resident of Miami-

Dade County, Florida. The last three digits of her social security number are 230. The last three

digits of her driver’s license are 88-1.

4. At all times material hereto, plaintiff, AH, a minor, is an individual and a citizen of

Miami-Dade County, Florida.

5. At all times material hereto, plaintiff, Anthony Ramos was a resident of Miami-

Dade County, Florida. The last three digits of his social security number are 611. The last three

digits of his driver’s license are 56-0.

6. Upon information and belief and at all times material hereto, defendant Alonniea

Fantasia Ford was a resident of Harris County, Texas. She may be served at 533 Coke, #26,

Houston, Texas 77020.

7. Upon information and belief and at all times material hereto, defendant Jack In

The Box, Inc. is a corporation authorized and doing business in the State of Texas with a registered

address of 9330 Balboa Avenue, San Diego, California 92123. Defendant Jack In The Box, Inc.

may be served with process by serving its registered agent, Corporation Service Company d/b/a

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

78701-3136.

8. Upon information and belief and at all times material hereto, defendant A3H

Foods General Partner, LLC. is a limited liability company doing business in the State of Texas

with a registered address of 2008 Champions Forest Drive, Suite 500, Spring, Texas 77379-8696.

Plaintiffs’ Original Petition Page 2

Defendant A3H Foods General Partner, LLC. may be served with process by serving its registered

agent Mark Holmes at 2008 Champions Forest Drive, Suite 500, Spring, Texas 77379-8696.

9. At all times material hereto, defendant Alonniea Fantasia Ford was acting within

the course of her employment with defendants Jack In The Box, Inc. and A3H Foods General

Partner, LLC.

IV.
JURISDICTION AND VENUE
10. This Court has jurisdiction over this matter because the damages are within the
jurisdictional limits of this Court.
11. This Court has personal jurisdiction over the defendants Alonniea Fantasia Ford
because the defendant is a resident of Harris County, Texas.

12. This Court has personal jurisdiction over the defendant Jack In The Box, Inc.

because the defendant has established minimum contacts with the forum state, and the exercise of

jurisdiction comports with traditional notions of fair play and substantial justice. In addition, the

defendant committed a tort in this state. Tex. Civ. Prac. & Rem. Code §17.042(2).

13. This Court has personal jurisdiction over the defendant A3H Foods General

Partner, LLC. because the defendant conducts business in the State of Texas. In addition, the

defendant committed a tort in this state.

14. Venue is proper in the District Court for the County of Harris, Texas under Texas

Civil Practice and Remedies Code §15.002(a)(1) because Harris County is the county in which all

or substantial part of the events or omissions giving rise to the claims in this Petition occurred.

Plaintiffs’ Original Petition Page 3

 V.

INCIDENT FACTS

15. On March 3, 2021, plaintiff Anthony Ramos had gone to George Bush

Intercontinental Airport to pick up his wife Jeraldin Ospina and her daughter AH who at the time

was 6 years old.

16. Plaintiff Anthony Ramos was currently in Houston, Texas to work on restoring

electricity after Hurricane Harvey hit the city. He was going to pick up his family who was

coming to meet him in Houston.

17. At around 11:30 p.m., plaintiffs decided to get something to eat and went to the

drive thru of Jack In The Box restaurant located at 15819 John F. Kennedy Boulevard, Houston,

Texas 77035.

18. Upon arrival, plaintiff Anthony Ramos ordered combo #2 and paid $12.99 for the

order. Upon receipt of his food by defendant Alonniea Fantasia Ford, plaintiff checked to verify

that his order was complete. The order was not complete. Plaintiffs were missing the “curly

fries''. Plaintiffs communicated the missing item to defendant Alonniea Fantasia Ford. Defendant

Alonniea Fantasia Ford refused to fulfill the order that plaintiffs had paid for already.

19. Plaintiffs requested to speak to the manager of the store. The manager did not

come to try to resolve the situation. Defendant Alonniea Fantasia Ford began cursing at plaintiffs

and yelling at them to “get the f*** outta here!!”. Plaintiffs started arguing with defendant

Alonniea Fantasia Ford. At some point during the argument, defendant Alonniea Fantasia Ford

threw ketchup, ice, and other items at plaintiffs inside their car.

Plaintiffs’ Original Petition Page 4

 20. Alonniea Fantasia Ford then pulled out a gun causing plaintiffs to pull forward

out of the drive thru window area and defendant Alonniea Fantasia Ford then shot at plaintiffs’

car. Plaintiff AH was in the back seat of the car. She was 6 years old at the time of the incident.

Also, plaintiff Jeraldin Ospina was pregnant at the time of this incident.

21. Plaintiffs were able to get away from the Jack In The Box location shaken. At that

time, they contacted 9-1-1 who dispatched officers to the scene.

22. After the police officers arrived, defendant Alonniea Fantasia Ford called Kevin

Theriot so he could come and retrieve the gun used to shoot at plaintiffs’ car. Both Alonniea

Fantasia Ford and Kevin Theriot were arrested at the scene. Alonniea Fantasia Ford was charged

with aggravated assault with a deadly weapon. Kevin Theriot was charged with carrying a

weapon.

23. Plaintiffs returned home to Florida after this incident. The incident shook the

family up so much that plaintiff Anthony Ramos quit his contract job in the Houston area and

returned to Florida as well.

24. At the time of the incident, defendant Alonniea Fantasia Ford was an employee

and acting within the course of her employment with defendants Jack In The Box, Inc. and A3H

Foods General Partner, LLC.

25. Plaintiffs suffered serious injuries and damages because of this accident.

VI.

FIRST CAUSE OF ACTION

(Negligence against defendant Alonniea Fantasia Ford)

26. Plaintiffs reallege and incorporate by reference the allegations in paragraphs 1

Plaintiffs’ Original Petition Page 5

through 25, inclusive.

27. Defendant owed a duty of ordinary care to plaintiffs.

28. Defendant owed a duty to exercise reasonable care to protect the patrons from

harm.

29. Defendant Alonniea Fantasia Ford owed a duty of care to not brandish a weapon

and put the safety of customers of the restaurant in jeopardy.

30. Defendant Alonniea Fantasia Ford owed a duty of care to not shoot a weapon

and put the safety of customers of the restaurant in jeopardy.

31. Defendant owed a duty to exercise reasonable care in the handling of complaints

and situations regarding its customers.

32. Defendant’s conduct was a breach of duty to use ordinary care.

33. The breach of these duties and negligence by defendant directly and proximately

caused damages to plaintiffs, including but not limited to: property damage, past medical expenses,

future medical expenses, physical pain, mental pain, anguish and suffering, quality of life, lost

earnings and earning capacity.

VII.

SECOND CAUSE OF ACTION

(Negligence against defendants Jack In The Box, Inc. and A3H Foods General Partner,
LLC.)

34. Plaintiffs reallege and incorporate by reference the allegations contained in

paragraphs 1 through 33, inclusive.

35. Defendants owed plaintiffs a duty of ordinary care to ensure the safety of

plaintiffs while at their premises and while conducting business at their premises.

Plaintiffs’ Original Petition Page 6

 36. Plaintiffs as patrons of defendants had a reasonable expectation that defendants

were employing competent personnel and providing quality customer care without being assaulted,

placed in danger, or placed in imminent threat by a weapon.

37. Defendants Jack In The Box, Inc. and A3H Foods General Partner, LLC also owed

the following duties to plaintiffs:

a. Conduct background checks and proper investigations of its employees so that

they only employ individuals that can provide a safe environment to customers.

b. Have comprehensive codes of conduct and employee manuals that prohibit the

carrying and bringing weapons to its restaurants so that they do not represent

any danger to the patrons.

c. Have competent supervisors that will assure that all of the restaurant’s

employees are complying with safety measures.

d. Have competent supervisors that will ensure no employee is carrying a weapon

that can represent danger or unsafe situations with the restaurant’s customers.

e. Have competent supervisors and employees that work diligently in ensuring

that complaints and situations involving customers get tended to in safe ways.

f. Provide security training and supervise their employees regarding the carrying

of weapons that can put the safety of the restaurant’s patrons in danger.

38. Defendants breached these duties owed to plaintiffs by employing an incompetent

defendant who had a criminal background, not conducting proper background checks and not

adequately training and supervising her considering the nature of the business that they own.

39. The breach of these duties and negligence of defendants directly and proximately

Plaintiffs’ Original Petition Page 7

caused damages to plaintiffs, including but not limited to: property damage, past medical expenses,

future medical expenses, physical pain, mental pain, anguish and suffering, quality of life, lost

earnings and earning capacity.

VIII.

THIRD CAUSE OF ACTION

(Gross Negligence against defendants Alonniea Fantasia Ford, Jack In The Box, Inc. and
A3H Foods General Partner, LLC.)

40. Plaintiffs reallege and incorporate by reference the allegations in Paragraphs 1

through 39, inclusive.)

41. The acts and omissions by defendants, when viewed objectively from the

standpoint of defendants at the time of the occurrence, involved an extreme risk, considering the

probability, magnitude, and potential harm to others.

42. Defendant Alonniea Fantasia Ford owed plaintiffs a duty to use care in her

capacity as an employee, representative and agent of defendants Jack In The Box, Inc. and A3H

Foods General Partner, LLC.

43. Defendant Alonniea Fantasia Ford had actual and subjective awareness of the

severe and dangerous risk involved when brandishing and shooting a weapon at plaintiffs, but

nevertheless the defendant proceeded with conscious indifference to the rights, safety, and welfare

of plaintiffs.

44. Gross negligence can be imputed to defendants Jack In The Box, Inc. and A3H

Foods General Partner, LLC because the grossly negligent acts were committed by defendants’

employee and/or agent and defendants were reckless in hiring and retaining incompetent and unfit

employees and/or agents.

Plaintiffs’ Original Petition Page 8

 45. The grossly negligent conduct of defendants directly and proximately caused

damages to plaintiffs, including but not limited to: property damage, past medical expenses, future

medical expenses, physical pain, mental pain, anguish and suffering, quality of life, lost earnings

and earning capacity.

IX.

FOURTH CAUSE OF ACTION

(Assault and battery against defendant Alonniea Fantasia Ford)

46. Plaintiffs reallege and incorporate by reference the allegations in paragraphs 1

through 45, inclusive.

47. The actions by defendant Alonniea Fantasia Ford described above constitute

assault and battery which are actionable under the laws of Texas.

48. Defendant Alonniea Fantasia Ford intentionally and knowingly threatened

plaintiffs with imminent bodily injury by shooting a weapon at them.

49. The actions by defendant Alonnia Fantasia Ford caused plaintiffs substantial

emotional distress, anxiety, nervousness, and fear.

50. The actions and negligence of defendant directly and proximately caused damages

to plaintiffs, including but not limited to: property damage, past medical expenses, future medical

expenses, physical pain, mental pain, anguish and suffering, quality of life, lost earnings and

earning capacity.

X.

FIFTH CAUSE OF ACTION

(Intentional Infliction of Emotional Distress against defendant Alonniea Fantasia Ford)

51. Plaintiffs reallege and incorporate by reference the allegations contained in

Plaintiffs’ Original Petition Page 9

paragraphs 1 through 50, inclusive.

52. The actions by defendant Alonniea Fantasia Ford constitute intentional infliction of

emotional distress.

53. Defendant Alonniea Fantasia Ford intentionally and recklessly shot a weapon at

plaintiffs with clear disregard for their safety. These actions are considered extreme and

outrageous.

54. A reasonable person would not expect to use the drive thru of a restaurant and get

assaulted, cursed at, and shot with a weapon. A reasonable person would have expected to pull up

through the drive thru of a restaurant, order his/her food and leave.

55. The actions of defendant Alonniea Fantasia Ford caused plaintiffs severe and

significant emotional and psychological distress, including but not limited to great pain of mind

and body.

56. The actions and negligence by defendant Alonniea Fantasia Ford directly and

proximately caused damages to plaintiffs, including but not limited to: property damage, past

medical expenses, future medical expenses, physical pain, mental pain, anguish and suffering,

quality of life, lost earnings and earning capacity.

XI.

SIXTH CAUSE OF ACTION

(Respondeat Superior against defendants Jack In The Box, Inc. and A3H General Partner,
LLC.)

57. Plaintiffs reallege and incorporate by reference the allegations contained in

paragraphs 1 through 56, inclusive.

Plaintiffs’ Original Petition Page 10

 58. At all times material hereto, defendant Alonniea Fantasia Ford was employed by

defendants. Defendant Alonniea Fantasia Ford was acting within the course of her employment

and engagement with defendants.

59. Defendants Jack In The Box, Inc. and A3H General Partner, LLC. are liable for the

negligence of their employees, including defendant Alonniea Fantasia Ford, during the course and

scope of her employment with them.

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

had a general duty to exercise reasonable care in performing their work. Defendant Alonniea

Fantasia Ford, however, failed to exercise reasonable care.

61. Therefore, defendants are liable for plaintiffs’ damages under the doctrine of

respondeat superior for the acts and omissions committed by its employees, managers,

representatives, agents, ostensible agents, and agents by estoppel.

XII.

SEVENTH CAUSE OF ACTION

(Negligent Hiring, Retention and Supervision against defendants Jack In The Box, Inc. and
A3H Foods General Partner, LLC.)

62. Plaintiffs reallege and incorporate by reference the allegations contained in

paragraphs 1 through 61, inclusive.

63. Defendants Jack In The Box, Inc. and A3H Foods General Partner, LLC. are liable

for the negligence of its employees, agents, and representatives.

64. Defendants Jack In The Box, Inc. and A3H Foods General Partner, LLC. did not

use ordinary care in hiring, supervising, training, and retaining employees, agents and

representatives and their supervisors.

65. A background check on defendant Alonniea Fantasia Ford would have revealed

Plaintiffs’ Original Petition Page 11

that defendant Alonniea Fantasia Ford had a criminal history involving violence and, therefore,

defendants should have taken measures to make sure that the safety of the customers and patrons

were ensured.

66. Defendants negligently hired and retained defendant Alonniea Fantasia Ford with

clear disregard for the safety of the customers they tend to. In addition to the negligent hiring and

retaining of defendant Ford, defendants negligently failed to supervise and properly train defendant

Ford to avoid incidents like the one that injured plaintiffs.

67. The breach of duties and negligence by defendants directly and proximately

caused damages to plaintiffs, including but not limited to: property damage, past medical expenses,

future medical expenses, physical pain, mental pain, anguish and suffering, quality of life, lost

earnings and earning capacity.

XIII.

REQUEST FOR DISCLOSURES

68. Under Texas Rule of Civil Procedure 194.2, plaintiffs request that defendants

disclose within 30 days after the filing of the answer, the information described in Rule 194.2(b).

XIV.

JURY DEMAND

69. Plaintiffs demand a jury trial and tender the appropriate fee with this petition.

XV.

PRAYER

Plaintiffs pray that defendants are duly cited to appear and answer this petition, and that on

final trial of the action, the plaintiffs have judgment of the court:

a. Damages for past and future physical and mental pain and suffering;

Plaintiffs’ Original Petition Page 12

 b. Damages for past and future medical bills;

c. Lost wages and loss of earning capacity;

d. Cost of this lawsuit and proved at the time of trial;

e. Pre and post judgment interest at the maximum legal rate;

f. Under Rule 47 of the Texas Rules of Civil Procedure, plaintiffs disclose that

their prayer seeks monetary judgment relief over $250,000.00 but not more than

$1,000,000.00;

g. Such other and further relief, at law or in equity, to which plaintiffs may be

justly entitled.

Respectfully Submitted,

UNDERWOOD LAW OFFICE, INC.

By: /s/Mark F. Underwood

Mark F. Underwood, SBN: 24059341
Email: [email protected]
/s/Melissa I. Munich-Droz
Melissa I. Munich-Droz, SBN: 24122762
Email: [email protected]
2530 W. White Avenue, Suite 200
McKinney, Texas 75071
Telephone: (972) 535-6377
Facsimile: (800) 991-4384

KALLINEN LAW PLLC.

By: /s/Randall L. Kallinen

Randall L. Kallinen, SBN: 00790995
511 Broadway Street
Houston, Texas 77012
Telephone: (713) 320-3785
Facsimile: (713) 893-6737
Email: [email protected]

ATTORNEYS FOR PLAINTIFFS

Plaintiffs’ Original Petition Page 13

 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.

Mark Underwood on behalf of Melissa Munich

Bar No. 24122762
[email protected]
Envelope ID: 68196068
Status as of 9/13/2022 12:56 PM CST
Associated Case Party: ospina, jeraldin (as next friend of a h)(a minor)
Name BarNumber Email TimestampSubmitted Status
Mark FUnderwood [email protected] 9/13/2022 11:07:36 AM SENT
Cynthia JUnderwood [email protected] 9/13/2022 11:07:36 AM SENT
Melissa Munich [email protected] 9/13/2022 11:07:36 AM SENT
Ana Mendoza [email protected] 9/13/2022 11:07:36 AM SENT
Randall L.Kallinen [email protected] 9/13/2022 11:07:36 AM SENT
Natalie Hall [email protected] 9/13/2022 11:07:36 AM SENT
 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.

Mark Underwood on behalf of Melissa Munich

Bar No. 24122762
[email protected]
Envelope ID: 68196068
Status as of 9/13/2022 12:56 PM CST
Associated Case Party: Jeraldine Ospina
Name BarNumber Email TimestampSubmitted Status
Mark FUnderwood [email protected] 9/13/2022 11:07:36 AM SENT
Cynthia JUnderwood [email protected] 9/13/2022 11:07:36 AM SENT
Melissa Munich [email protected] 9/13/2022 11:07:36 AM SENT
Ana Mendoza [email protected] 9/13/2022 11:07:36 AM SENT
Randall L.Kallinen [email protected] 9/13/2022 11:07:36 AM SENT
Natalie Hall [email protected] 9/13/2022 11:07:36 AM SENT
 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.

Mark Underwood on behalf of Melissa Munich

Bar No. 24122762
[email protected]
Envelope ID: 68196068
Status as of 9/13/2022 12:56 PM CST
Associated Case Party: Anthony Ramos
Name BarNumber Email TimestampSubmitted Status
Mark FUnderwood [email protected] 9/13/2022 11:07:36 AM SENT
Cynthia JUnderwood [email protected] 9/13/2022 11:07:36 AM SENT
Melissa Munich [email protected] 9/13/2022 11:07:36 AM SENT
Natalie Hall [email protected] 9/13/2022 11:07:36 AM SENT
Randall L.Kallinen [email protected] 9/13/2022 11:07:36 AM SENT
Ana Mendoza [email protected] 9/13/2022 11:07:36 AM SENT