CAUSE NO. COME NOW, Raymond Gilbert (REDACTED) and Daniela (REDACTED), Individually, and

Similar documents
For Preview Only - Please Do Not Copy

DC PLAINTIFFS' ORIGINAL PETITION COME NOW, PLAINTIFFS DEE VOIGT, INDIVIDUALLY AND AS

IN THE CIRCUIT COURT OF CLAY COUNTY, LIBERTY, MISSOURI. Case No. Division

CAUSE NUMBER DC H. DEBORAH BROCK AND IN THE DISTRICT COURT CHRIS BROCK Plaintiffs

CAUSE NO. v. FALLS COUNTY, TEXAS I. DISCOVERY CONTROL PLAN LEVEL

/ Court: 055

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF KING

CAUSE NO. JANE DOE IN THE DISTRICT COURT Plaintiff, JUDICIAL DISTRICT v.

D-1-GN Cause No. v. JUDICIAL DISTRICT

IN THE CIRCUIT COURT FIFTEENTH JUDICIAL CIRCUIT LEE COUNTY, ILLINOIS COMPLAINT

IN THE SUPERIOR COURT OF GREENE COUNTY STATE OF GEORGIA

IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA

IN THE CIRCUIT COURT OF SHANNON COUNTY, MISSOURI

COMPLAINT AND JURY DEMAND

Case 1:13-cv RJJ Doc #1 Filed 12/27/13 Page 1 of 7 Page ID#1 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

IN THE STATE COURT OF FULTON COUNTY STATE OF GEORGIA

CAUSE NO. V. JUDICIAL DISTRICT DEFENDANTS. TARRANT COUNTY, TEXAS PLAINTIFFS ORIGINAL PETITION NOW COMES SHERRY REYNOLDS, BRANDON REYNOLDS, KATY

YOU ARE HEREBY SUMMONED and required to Answer the Complaint, a copy of

Case 5:17-cv Document 2 Filed in TXSD on 01/17/17 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ROME DIVISION

PLAINTIFFS ORIGINAL PETITION & REQUESTS FOR DISCLOSURE

DC NO. PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR TEMPORARY RESTRAINING ORDER

THE CIRCUIT COURT FOR PRINCE GEORGE S COUNTY

CAUSE NO. MELANIE MENDOZA, IN THE DISTRICT COURT OF Plaintiff, VS. HARRIS COUNTY, TEXAS

IN THE COMMON PLEAS COURT OF LUCAS COUNTY, OHIO. Case No.: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR MANATEE COUNTY CIRCUIT CIVIL DIVISION

CAUSE NO. C J

Case 2:12-cv JRG-RSP Document 1 Filed 08/02/12 Page 1 of 6 PageID #: 1

CAUSE NO CV ANNA DRAKER IN THE DISTRICT COURT OF VS. MEDINA COUNTY, TEXAS

IN THE COMMON PLEAS COURT OF FULTON COUNTY, OHIO. Judge

CAUSE NO. SUSAN DAVIS and IN THE DISTRICT COURT PRASHANTH MAGADI

UnofficialCopyOfficeofChrisDanielDistrictClerk

Case 2:17-at Document 1 Filed 11/15/17 Page 1 of 9

Case 6:14-cv JDL Document 1 Filed 03/26/14 Page 1 of 11 PageID #: 1

PLAINTIFF S ORIGINAL PETITION, RULE 194 REQUEST FOR DISCLOSURES AND RULE NOTICE

Case 4:08-cv Document 1 Filed 01/04/2008 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

Case 2:16-at Document 1 Filed 08/04/16 Page 1 of 9

4. Plaintiff, Valerie Battle-Dugger, is an adult individual, residing at all times relevant

NO. V. JUDICIAL DISTRICT. CORRIE LONG, DAVID TANG AND MICHAEL P. FLEMING & ASSOCIATES, P.C. Defendants. OF HARRIS COUNTY, TEXAS

UnofficialCopyOfficeofChrisDanielDistrictClerk

DENISE CANTU, IN THE DISTRICT COURT. VS. JUDICIAL DISTRICT JP MORGAN CHASE & CO., LIONOR DE LA FUENTE and CARLOS I. URESTI

PLAINTIFFS FIRST AMENDED PETITION FOR DAMAGES

CAUSE NO. JANE DOE, Individually and as IN THE DISTRICT COURT Next Friend of JOHN DOE, a Minor Child, Plaintiffs,

CAUSE NO. MALCOMB THOMAS, KORRIE HICKS, IN THE DISTRICT COURT OF LA TASHA MORRIS, & ROSHUNDA JOHNSON, PLAINTIFFS VS. HARRISON COUNTY, TEXAS

Case 1:19-cv PAB Document 1 Filed 01/04/19 USDC Colorado Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Filing # E-Filed 12/22/ :53:20 PM

INDEX NO. UNASSIGNED NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/13/2018

Case 3:12-cv Document 1 Filed 03/01/12 Page 1 of 15

SUPERIOR COURT OF WASHINGTON FOR KING COUNTY. COMES NOW Plaintiff against the above-named defendants, and states and alleges

Case 3:07-cv JCS Document 1 Filed 09/27/2007 Page 1 of 5

E-FILED 2017 MAY 11 3:00 PM DELAWARE - CLERK OF DISTRICT COURT

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

FILED: BRONX COUNTY CLERK 09/15/ :36 PM INDEX NO /2016E NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 09/15/2016

FILED: BRONX COUNTY CLERK 01/26/ :43 AM INDEX NO /2018E NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/26/2018

9/29/2017 1:57:26 PM 17CV42542 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

In the Supreme Court of Florida

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA. Plaintiff, Number:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

PLAINTIFF S MOTION FOR ENTRY OF FINAL JUDGMENT. Plaintiff Jo N. Hopper ( Plaintiff ) asks the Court to enter a final judgment based on the

Case 2:14-cv MJP Document 1 Filed 03/24/14 Page 1 of 13

Case 2:10-cv ILRL-DEK Document 1 Filed 04/21/10 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ) ) ) ) ) ) COMPLAINT

STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE. vs.

MODEL MOTOR VEHICLE NEGLIGENCE CHARGE AND VERDICT SHEET. MOTOR VEHICLE VOLUME REPLACEMENT JUNE

No SHERBERT & CAMPBELL, P.C. IN THE DISTRICT COURT Plaintiff PLAINTIFF S FIRST AMENDED ORIGINAL PETITION AND REQUEST FOR DISCLOSURE

2013 WL (N.Y.Sup.) (Trial Pleading) Lillyan ROSENBERG and Gerald Rosenberg, Plaintiffs,

Case CSS Doc 1265 Filed 03/21/17 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ) ) ) ) ) ) ) ) )

19-CV-0222 CAUSE NO. Plaintiff, v. GALVESTON COUNTY, TEXAS

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO. Case No.

Case 8:11-cv PJM Document 1 Filed 05/05/11 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

CAUSE NO PLAINTIFFS AMENDED PETITION AND REQUEST FOR DISCLOSURE

IN THE CIRCUIT COURT OF GILES COUNTY, TENNESSEE

led FEB SUPERIOR COURl l.h '-.. irornia BY DEPUTY 1. GENERAL NEGLIGENCE 2. WILLFUL MISCONDUCT 3. WRONGFUL DEATH 4.

IN THE COURT OF APPEALS OF TENNESSEE AT JACKSON March 4, 2002 Session

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION V. CIVIL ACTION NO. PLAINTIFF S ORIGINAL COMPLAINT

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE UNLIMITED JURISDICTION

As Introduced. Regular Session H. B. No

FILED: NEW YORK COUNTY CLERK 03/21/ :25 PM INDEX NO /2016 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/21/2017 EXHIBIT E

Case 5:13-cv PSG-AJW Document 22 Filed 01/21/14 Page 1 of 20 Page ID #:256

FILED: KINGS COUNTY CLERK 05/25/ /09/ :37 12:27 PM INDEX NO /2016 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/25/2016

IN THE CIRCUIT COURT OF MONROE COUNTY, WEST VIRGINIA

Case 3:12-cv Document 1 Filed 08/02/12 Page 1 of 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO

Case 3:17-cv Document 1 Filed 12/19/17 Page 1 of 9

For Preview Only - Please Do Not Copy

CAUSE NO. DEFENDANTS. JUDICIAL DISTRICT PLAINTIFFS ORIGINAL PETITION I. SUMMARY AND KEY FACTS

No. PLAINTIFF S ORIGINAL PETITION, REQUEST FOR DISCLOSURE AND REQUEST FOR PRODUCTION OF DOCUMENTS. Plaintiff, MIKE complains of defendants STEPHEN and

PLAINTIFF S ORIGINAL PETITION

CASE NO. C O M P L A I N T. Attorney, and sues the Defendants, JUSTIN BIEBER ( BIEBER } and HUGO HESNY

ONTARIO SUPERIOR COURT OF JUSTICE JESSICA LOVEJOY. and

Case 3:18-cv SB Document 1 Filed 09/06/18 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION. Case No.

Case 5:16-cv RWS-CMC Document 1 Filed 01/29/16 Page 1 of 7 PageID #: 1

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE July 12, 2005 Session

CAUSE NUMBER PLAINTIFF S FIRST AMENDED ORIGNAL PETITION AND REQUEST FOR DISCOVERY AND REQUEST FOR TEMPORARY RESTRAINING ORDER

TYPE OF ACTION- RECORDS RETENTION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN THE CIRCUIT COURT OF SHELBY COUNTY, TENNESSEE FOR THE THIRTIETH JUDICIAL DISTRICT AT MEMPHIS

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

CAUSE NO. INTERNATIONAL CENTER IN THE DISTRICT COURT OF DEVELOPMENT, IX, LTD., VS DALLAS COUNTY, TEXAS. Defendant JUDICIAL DISTRICT

(Negligence, Negligence Per Se)

Transcription:

CAUSE NO. RAYMOND GILBERT (REDACTED) & DANIELA (REDACTED), Individually, and as next friends of RAYMOND (REDACTED), JR., RAYDEN RAY (REDACTED), RAYLYNN DANIELLE (REDACTED), RAYDER JAX (REDACTED), & JAVIEN (REDACTED) Plaintiffs, v. CARMEN (REDACTED) and WEST TEXAS (REDACTED), INC. Defendants IN THE DISTRICT COURT EL PASO COUNTY, TEXAS PLAINTIFFS ORIGINAL PETITION AND REQUESTS FOR DISCOVERY TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Raymond Gilbert (REDACTED) and Daniela (REDACTED), Individually, and as next friends of Raymond (REDACTED), Jr., Rayden Ray (REDACTED), Raylynn Danielle (REDACTED), Rayder Jax (REDACTED), and Javien (REDACTED) ( Plaintiffs ) and files this their Original Petition complaining of Carmen (REDACTED) and West Texas (REDACTED), Inc. ( Defendants ), and for cause of action would respectfully show the Court the following: 1.00 DISCOVERY CONTROL PLAN Pursuant to Texas Rule of Procedure 190.1, discovery is intended to be conducted under Level 2 of Rule 190.4 of the Texas Rules of Civil Procedure. 2.00 PARTIES 2.01 Plaintiff Raymond Gilbert (REDACTED) is an individual and a citizen of the State of Texas. PLAINTIFFS ORIGINAL PETITION AND REQUESTS FOR DISCOVERY PAGE 1

2.02 Plaintiff Daniela (REDACTED) is an individual and a citizen of the State of Texas. 2.03 Minor child Raymond (REDACTED), Jr. is an individual and a citizen of the State of Texas. 2.04 Minor child Rayden Ray (REDACTED) is an individual and a citizen of the State of Texas. 2.05 Minor child Raylynn Danielle (REDACTED) is an individual and a citizen of the State of Texas. 2.06 Minor child Rayder Jax (REDACTED) is an individual and a citizen of the State of Texas. 2.07 Minor child Javien (REDACTED) is an individual and a citizen of the State of Texas. 2.08 Defendant Carmen (REDACTED) is an individual and a citizen of the State of Texas. Defendant can be served with process by serving her at her home address, (REDACTED) Avenue, Apt. (REDACTED), El Paso, Texas (REDACTED) or wherever she may be found. 2.09 West Texas (REDACTED), Inc. is a company which can be served by serving its registered agent Jacob (REDACTED), (REDACTED) Avenue, Odessa, Texas (REDACTED) or wherever he may be found. 3.00 JURISDICTION & VENUE 3.01 The amount in controversy is within jurisdictional limits of this Court. Plaintiffs seek over $1,000,000 in damages. 3.02 El Paso County is the proper venue for this action pursuant to the Texas Civil Practice and Remedies Code, Section 15.001(a)(1), et seq., because Defendant Carmen (REDACTED) is a resident of El Paso County. PLAINTIFFS ORIGINAL PETITION AND REQUESTS FOR DISCOVERY PAGE 2

4.00 STATEMENT OF FACTS 4.01 On November 21, (REDACTED), Raymond Gilbert (REDACTED) was traveling northbound on US Highway 385 by car. As he approached an intersection, Carmen (REDACTED) unlawfully attempted to turn her 18-wheeler onto the southbound lane of the same highway Mr. (REDACTED) was on. As Ms. (REDACTED) crossed into the intersection, Mr. (REDACTED) crashed his car into the back of Carmen (REDACTED) s 18-wheeler s trailer. Police determined that Carmen (REDACTED) had failed to yield the right of way. 4.02 The crash caused extensive, permanent, and life-altering injuries to Mr. (REDACTED). 4.02 At the time of the collision, Carmen (REDACTED) was employed by or the agent acting on behalf of West Texas (REDACTED), Inc.; Carmen (REDACTED) was operating a motor vehicle in the course and scope of her employment and/or agency on behalf of Defendant West Texas (REDACTED), Inc. 5.00 CLAIMS AGAINST DEFENDANT CARMEN (REDACTED) 5.01 At all times relevant to the occurrence in question, Carmen (REDACTED) had a duty to act as a reasonable and prudent motorist would have acted under the same or similar circumstances. Carmen (REDACTED) breached this duty in one or more respects including, but not limited to: failing to maintain a proper lookout, failing to keep her vehicle under control, changing lanes when unsafe and/or failing to maintain a single lane of travel, failing to properly signal a lane change, failing to properly apply her brakes, driving at an excessive rate of speed given the road conditions, and failing to act as a reasonably prudent motorist would in the same or similar circumstances. PLAINTIFFS ORIGINAL PETITION AND REQUESTS FOR DISCOVERY PAGE 3

5.02 The above acts and/or omissions were a proximate cause of the collision in question and the resulting injuries and damages sustained by Plaintiffs. 6.00 CLAIM AGAINST DEFENDANT WEST TEXAS (REDACTED), INC. 6.01 Defendant West Texas (REDACTED), Inc. is vicariously liable for the damages proximately caused to Plaintiffs by virtue of the negligent conduct of its driver/employee/agent, Carmen (REDACTED). 6.02 At the time of the subject collision, Carmen (REDACTED) was an employee and/or agent of Defendant West Texas (REDACTED), Inc. Further, Carmen (REDACTED) was acting within the course and scope of her employment and/or agency relationship on behalf of Defendant West Texas (REDACTED), Inc. at the time of the subject incident. That is, Carmen (REDACTED) was acting in furtherance of the business of her employer and/or master. 6.03 Therefore, Defendant West Texas (REDACTED), Inc. is vicariously liable to Plaintiffs for the negligent acts and/or omissions of its employee/agent, Carmen (REDACTED), on the basis of respondeat superior and/or agency law. 7.00 PERSONAL INJURY CLAIMS: RAYMOND GILBERT (REDACTED) 7.01 As a direct and proximate result of the Defendants negligent acts and/or omissions, Plaintiff Raymond Gilbert (REDACTED) has suffered substantial damages for which he seeks recovery from Defendants: a. Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiff for the necessary care and treatment of injuries resulting from the PLAINTIFFS ORIGINAL PETITION AND REQUESTS FOR DISCOVERY PAGE 4

accident complained of herein, and such charges were reasonable and were usual and customary charges for such services; b. Reasonable and necessary medical care and expenses which will, in all reasonable probability, be incurred in the future; c. Physical pain and suffering in the past; d. Physical pain and suffering in the future; e. Physical impairment in the past; f. Physical impairment which, in all reasonable probability, will be suffered in the future; g. Loss of earnings in the past; h. Loss of earning capacity which will, in all reasonable probability, be incurred in the future; i. Disfigurement in the past; j. Disfigurement in the future; k. Mental anguish in the past; l. Mental anguish in the future; and m. Cost of monitoring and prevention in the future. 8.00 LOSS OF SERVICES: DANIELA (REDACTED) and CHILDREN 1 8.01 Prior to the accident, Raymond Gilbert (REDACTED) was industrious, affectionate, loving, compassionate, energetic, cooperative, patient, attentive, and a good husband and provider to Daniela (REDACTED). He gave guidance, advice, counsel, protection, comfort, 1 For sake of brevity, Plaintiffs refer to their natural offspring Raymond (REDACTED), Jr., Rayden Ray (REDACTED), Raylynn Danielle (REDACTED), Rayder Jax (REDACTED), and Javien (REDACTED)as Children. PLAINTIFFS ORIGINAL PETITION AND REQUESTS FOR DISCOVERY PAGE 5

services, care, and attention to her. His severe injuries have deprived Daniela (REDACTED) of the complete society of her husband, right to that affection, solace, comfort, companionship, and assistance. 8.02 In the future, Raymond Gilbert (REDACTED) would have been a good father and would have provided care, advice, maintenance, services, counsel, education, support and training for the Children. His severe injuries have caused the Children to suffer the loss of his care, advice, maintenance, services, counsel, education, support, and training. 8.03 As a result of the above-described negligence of Defendants, the Children have suffered certain losses for which they now bring suit. 8.04 The injuries to Raymond Gilbert (REDACTED) have caused Daniela (REDACTED) and their Children to suffer the loss of care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value in reasonable probability which they would have received from Raymond Gilbert (REDACTED) had he not been injured, loss of inheritance, loss of companionship and society, and mental anguish. 8.05 These damages have been suffered in the past, and, in reasonable probability, will continue to be suffered in the future. 9.00 COSTS Plaintiffs also seek recovery for all costs of court and prejudgment and post-judgment interest in the maximum amounts allowable by law. 10.00 PRAYER Plaintiffs respectfully pray that Defendants be cited to appear and answer herein, and that upon a final hearing hereof, Plaintiffs recover a judgment over and against the Defendants for the PLAINTIFFS ORIGINAL PETITION AND REQUESTS FOR DISCOVERY PAGE 6

damages as pled herein in amounts the jury determines to be fair and reasonable, and for such other and further relief, at law and in equity, to which the Plaintiffs may show themselves justly entitled. Respectfully submitted, GROSSMAN LAW OFFICES, P.C. Keith C. Purdue SBN 24058060 J. Cheves Ligon SBN 24070147 E. Michael Grossman SBN 08544500 12240 Inwood Rd., Suite 500 Dallas, Texas 75244 (214) 220-9191 (214) 220-9127 Fax KPurdue@Injuryrelief.com ATTORNEYS FOR PLAINTIFFS PLAINTIFFS ORIGINAL PETITION AND REQUESTS FOR DISCOVERY PAGE 7