CAUSE NO.

2020-CI02447

RAQUEL HATCH and JAMES § IN THE DISTRICT COURT OF

MCCOWAN, JR., AS NEXT FRIENDS §
OF TAYLOR MCCOWAN, §
Plaintiffs, §
§
VS. § BEXAR COUNTY, TEXAS
§
JONATHAN P. JONES, §
AND THE BLOCK SA, LLC §
d/b/a THE BLOCK §
Defendants. § 408TH JUDICIAL DISTRICT

PLAINTIFFS’ SECOND AMENDED PETITION AND

REQUESTS FOR DISCLOSURE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, RAQUEL HATCH AND JAMES MCCOWAN, Individually and

As Representatives of the Estate of Taylor McCowan, Plaintiffs (hereinafter

“Plaintiffs”), in the above-captioned case and files this their First Amended Petition

and Request for Disclosure, complaining of and against JONATHAN PAUL JONES

and THE BLOCK SA LLC d/b/a THE BLOCK, and as grounds therefore would

respectfully show unto this Honorable Court and Jury the following:

I.
DISCOVERY CONTROL PLAN

1.1 Pursuant to Rule 190.3 of the Texas Rules of Civil Procedure, Plaintiff

requests that discovery in this case be conducted under Level 2 of this Rule.

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 II.
REQUEST FOR DISCLOSURE

2.1 Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Defendants

are requested to disclose the information and material described in Rule 194.2 within

fifty (50) days of the service of this request at the office of Plaintiff’s counsel.

III.
PARTIES

3.1 Plaintiff Raquel Hatch, Individually and As a Representative of the Estate

of Taylor McCowan, is an individual that resides in Houston, Harris County, Texas.

3.2 Plaintiff James McCowan, Jr., Individually and As a Representative of the

Estate of Taylor McCowan, is an individual that resides in Houston, Harris County,

Texas.

3.3 Defendant JONATHAN PAUL JONES is an individual residing in San

Antonio, Bexar County, Texas. This Defendant may be served at 11923 Camp Real

Lane, San Antonio, Texas 78253, or wherever he may be found. This Defendant has

made an appearance and filed an Answer herein.

3.4 Defendant LAURA FLOYD is an individual residing in San Antonio,

Bexar County, Texas. This Defendant may be served wherever she may be found.

3.5 Defendant THE BLOCK SA, LLC D/B/A THE BLOCK (“The Block”) is a

Domestic Limited Liability Company conducting business in San Antonio, Bexar

County, Texas. This Defendant may be served with process by serving its Registered

Agent, Jon Pierre Onstead, at 11511 Katy Freeway, Suite 605, Houston, Texas 77079, or

wherever he may be found.

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 3.6 Plaintiffs specifically invoke their right to institute this suit against

whatever entity was conducting business using the assumed or common name of “The

Block” with regards to the events described in this Petition. Plaintiffs expressly invoke

their right under Texas Rule of Civil Procedure 28 to have the true name of this party

substituted at a later time upon motion or of the Court.

IV.
JURISDICTION AND VENUE

4.1 Venue for this case is proper in Bexar County, Texas, pursuant to

§15.002(a)(2) of the Texas Civil Practice and Remedies Code in that Bexar County is the

county in which Defendants Jones resides. The Court has subject matter jurisdiction

over this civil action because Plaintiffs seek damages in an amount exceeding the

Court’s minimum jurisdictional limits.

V.
FACTS

5.1 On January 31, 2020, Defendant Jones was a patron at Defendant The

Block’s establishment where he became severely intoxicated. Defendant The Block’s

bartender, Defendant Floyd, while under the course and scope of her employment with

Defendant The Block, knew Defendant Jones was intoxicated and continued to serve

alcoholic beverages to Defendant Jones. On his way home in his Ford F150, Defendant

Jones, while intoxicated by more than twice the legal alcohol limits of this State, drove

the wrong way up an exit ramp on N. Loop 1604 and collided head-on with Ms. Taylor

McCowan’s, deceased, vehicle. As a direct and proximate result of Defendants’

negligent and grossly negligent conduct, Plaintiff Taylor McCowan suffered extensive

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conscious pain and suffering ultimately leading to death after two weeks in a coma.

Further, Plaintiff Taylor McCowan has sustained funeral expenses and medical

expenses. Plaintiffs McCowan and Hatch have suffered extensive mental anguish,

including physical manifestations of the mental anguish, arising from the Occurrence.

Further, Plaintiffs McCowan and Hatch have sustained significant loss of consortium

resulting from the negligence and gross negligence of the Defendants.

VI.
CAUSES OF ACTION

A. Dram Shop Violations

6.1 Plaintiffs fully incorporate Paragraphs 5.1 by reference. Defendants The

Block, its agents, servants, employees, security personnel and management and Floyd

violated the Dram Shop Act codified as V.T.C.A. Alcohol Beverage Code Section 2.02.

Defendant The Block is a negligent provider under the Act, in that it served, sold, or

provided alcoholic beverages to Defendant Jones, a person who was obviously

intoxicated to the extent that he presented a clear danger to himself and others. This

conduct by Defendant The Block contributed to Defendant Jones’ state of intoxication

and as thus a proximate cause of the injuries sustained by Plaintiffs. The bartenders,

wait staff, and employees who served alcohol to Defendant Jones were all acting in the

course and scope of their employment with Defendant The Block. Defendant The Block

is responsible for the actions of their management, bartenders, wait staff, security

personnel, and all other employees under the legal theory of respondeat superior.

6.2 To the extent Defendant seeks to shield themselves from liability by

claiming protection under the safe harbor provisions of the Dram Shop Act, Defendants

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directly and/or indirectly encouraged its servers to violate the Dram Shop Act by

continuing to serve intoxicated persons, such as Defendant Jones. Thus, Defendant The

Block is not entitled to claim safe harbor protections.

B. Negligence and Gross Negligence

6.3 Plaintiffs fully incorporate Paragraphs 5.1-6.2 by reference. Defendants

had a duty to act reasonably as any reasonable person would in the same or similar

circumstances. Defendants failed to act with reasonable prudence when they decided

to continue to serve Defendant Jones; allowed Defendant Jones to drive away

intoxicated; and Defendant Jones made the reckless decision to operate his vehicle on

the public roads of Texas while intoxicated. Further, Mr. Jones failed to exercise

ordinary prudence in failing to control his vehicle, failing to control his speed, failing to

keep a proper lookout, and failing to drive in the proper lane of traffic leading to this

horrific automobile collision.

6.4 Further, Defendants’ conduct, as described above, constitutes gross

negligence as that term is defined in Texas. Specifically, the Defendants’ acts and

omissions, when viewed objectively from the standpoint of the Defendants at the time

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

magnitude of the potential harm to others; and which the Defendants had actual,

subjective awareness of the risks involved, but nevertheless proceeded with conscious

indifference to the rights, safety and welfare of others, including the Plaintiff.

C. Wrongful Death

6.5 Plaintiffs fully incorporate Paragraph 5.1-6.4 by reference. The

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 Defendants are liable under the Texas Wrongful Death Act, TEX. CIV. PRAC. & REM.

CODE Sections 71.001 et. seq.

6.6 Defendants’ wrongful acts, neglect, carelessness, unskillfulness,

recklessness and gross negligence are proximate causes of the damages to the Plaintiffs

and their decedent. Further, Defendants are liable for damages because they are the

owners, principals, or employers of the bartenders, wait staff, and employees who

served alcohol to Defendant Jones.

D. Survival Statute

6.7 Plaintiffs fully incorporate Paragraph 5.1-6.6 by reference. Defendants are

liable under the Texas Survival Statute, TEX. CIV. PRAC. & REM. CODE §71.021.

6.8 The Plaintiffs are the legal representatives of the Decedent’s estate and are

statutory beneficiaries entitled to bring this suit;

6.9 The Decedent had a cause of action for bodily injury before she died;

6.10 The Decedent would have been entitled to bring an action for her injuries

had she lived;

6.11 The Defendants’ wrongful acts and omissions caused the Decedent’s

injuries.

VII.
DAMAGES

7.1 As a result of the accident that forms the basis of this lawsuit, as stated

above, and as a direct and proximate result of Defendants’ negligence, Plaintiffs have

suffered serious injuries, will likely sustain additional damages in the future, and are

entitled to recover:

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 a. Past medical bills and expenses incurred as a proximate result of
the occurrence that forms the basis of this suit;

b. Future medical bills and expenses that in all reasonable probability

will be incurred as a proximate result of the occurrence that forms
the basis of this lawsuit;

c. Mental anguish, conscious pain and suffering, physical

manifestations of mental anguish, and loss of enjoyment of life in
the past and in the future;

d. Exemplary damages;

e. Pre-judgment and post-judgment interest; and

f. Such other and further items of damages as may be supplemented

as a result of the discovery performed in this suit.

7.2 Pursuant to Tex. R. Civ. P. 47(c), Plaintiff pleads that she seeks monetary

relief in excess of $100,000,000.00.

VIII.
JURY DEMAND

8.1 Plaintiff demands a trial by jury. The requisite jury fee has been tendered.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendants be

cited to appear and answer herein, that upon final trial and other hearing of this cause,

that Plaintiffs recover damages from Defendants in accordance with the evidence, and

as the jury deems them deserving, that Plaintiffs recover costs of court herein expended;

that Plaintiffs recover interest to which Plaintiffs are justly entitled under the law, both

prejudgment and post-judgment, and for such other further relief, both general and

special, both in law and in equity, to which Plaintiff may be justly entitled.

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 Respectfully submitted,

ROBERTS MARKLAND LLP

By: /s/ Sean A. Roberts

Sean A. Roberts
State Bar No. 00797328
Clive Markland
State Bar No. 24027475
Rob O. Cantu
State Bar No. 24094580
2555 N. MacGregor Way
Houston, Texas 77004
713-630-0900 (Telephone)
713-630-0991 (Fax)
sr@robertsmarkland.com
cm@robertsmarkland.com
rc@robertsmarkland.com
eservice@robertsmarkland.com

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing
instrument has been served on all counsel of record, on this 26th day of April, 2021.

Via Electronic Filing

/s/ R. O. Cantu
Rob Cantu