D-1-GN-16-000986 Cause No. 3/7/2016 9:41:36 AM Velva L. Price District Clerk Travis County D-1-GN-16-000986 Ruben Tamez CHRISTOPHER IRA JACKSON, Individually, As Representative of the Estate of BLAKE JACKSON, Deceased, As Representative of the Estate of DEBORAH JACKSON, Deceased, and As Next Friend of CHRISTOPHER JACKSON II, Minor IN THE DISTRICT COURT Plaintiff 353RD v. JUDICIAL DISTRICT TITAN FACTORY DIRECT HOMES, INC., LECHUGA CONSTRUCTION MOBILE HOME SERVICES, and SEGOVIA TRUCKING Defendants. TRAVIS COUNTY, TEXAS PLAINTIFF S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintiff, Christopher Ira Jackson, Individually, as Representative of the Estate of Blake Jackson, Deceased, as Representative of the Estate of Deborah Jackson, Deceased, and as Next Friend of Christopher Jackson II, Minor, complaining of Defendants, Titan Factory Direct Homes, Inc. ( Titan ), Lechuga Construction Mobile Home Services ( Lechuga ), and Segovia Trucking ( Segovia ), and would respectfully show: I. DISCOVERY CONTROL PLAN 1.1 Pursuant to Rules 190.1 and 190.4 of the Texas Rules of Civil Procedure, discovery is intended to be conducted under a Level Three (3) discovery control plan. II. PARTIES AND SERVICE OF PROCESS 2.1 Plaintiff, Christopher Ira Jackson is the surviving father of Blake Jackson, Deceased, and surviving spouse of Deborah Jackson, Deceased. He brings this suit Individually; Plf s Original Petition 1
as Representative of the Estate of Blake Jackson, Deceased; as Next Friend of Christopher Ira Jackson II, Minor; and as Representative of the Estate of Deborah Jackson, Deceased. Plaintiff resides in Waelder, Bastrop County, Texas. 2.2 Defendant, Titan Factory Direct Homes, Inc. is a foreign corporation organized and existing under the laws of Michigan, whose principal office is located at 755 West Big Beaver Road, Suite 1000, Troy, Michigan, 48084, is authorized to do business in Texas, and may be served with process by serving its registered agent for service of process, CT Corporation System, 1999 Bryan St., Suite 900, Dallas, Texas, 75201-3136. Citation is requested. 2.3 Defendant, Lechuga Mobile Home Construction Service, is an alias of Alejandro Guerrero Lechuga, who may be served with process at his place of residence, 1452 FM 812, Cedar Creek, Texas, 78612. Citation is requested. 2.4 Defendant, Segovia Trucking, is an alias of George Collazo Segovia, a/k/a George Segovia Collazo, an individual who may be served with process at his place of residence, 130 Cedar Creek Cir., Cedar Creek, Texas, 78612. Citation is requested. III. JURISDICTION AND VENUE 3.1 Monetary relief of over one million dollars ($1,000,000.00) is being sought, which is more than the minimum jurisdictional limits of the Court. 3.2 Pursuant to Texas Civ. Prac. & Rem. Code 15.002(a)(1), venue is proper in Travis County, Texas. IV. FACTS 4.1 Defendant Titan Factory Direct Homes, Inc. was at all times material to this lawsuit a widely advertised multi-state manufactured home retailer which owns and operates a Plf s Original Petition 2
retail outlet located at 6511 E. Ben White Boulevard, Austin, Travis County, Texas. Defendant Titan markets itself as an experienced full service mobile home retailer providing turnkey sales with all phases arranged for and directed by Titan professionals from, the home sale to its installation and utility hookups at the buyer s chosen site. 4.2 In January 2016, a Titan customer visited Titan s Ben White retail outlet and agreed to purchase a mobile home. In the weeks following, the customer discussed the mobile home s features several times with Titan sales personnel at the Ben White location. These discussions culminated in a sales representative s convincing the customer to change the existing purchase to an upgraded floor model that was located at the Titan sales outlet at 1400 W. Overland Trail, Abilene, Texas, 79601. 4.3 A sales representative at the Ben White location arranged for the floor model mobile home to be transported in two halves from Abilene to the customer s home site in Smithville, Texas. Defendants Lechuga Construction and Mobile Home Services and Segovia Trucking, who had both been separately hired for prior transport jobs by Titan, thereafter engaged in a joint enterprise to transport the two halves to the customer s Smithville home site. Defendant Lechuga obtained the necessary oversized permit from the Texas Department of Motor Vehicles. 4.4 While in route to deliver the mobile home to Smithville on February 9, 2016, the mobile home buyer received a telephone call from one of the transporters saying that the two mobile home sections had reached Austin, and that the expected arrival at the Smithville site would be approximately 5:00 p.m. that evening. Unbeknownst to the buyer, this expected delivery time was physically impossible, given the transporters location in Austin and time Plf s Original Petition 3
remaining in the day, for the delivery route Segovia and Lechuga were supposed to take as filed with the Texas Department of Motor Vehicles. Instead of following the prescribed route, Segovia and Lechuga devised a plan to take a short cut to deliver the mobile home to the Smithville buyer on an accelerated schedule by the time promised. With conscious indifference to the safety of other motorists, as part of this plan Segovia traveled east through rural Bastrop County on FM 535, a two lane curving roadway without improved shoulders. Both Segovia and Lechuga had great personal knowledge of the roads and terrain in this part of Bastrop County, and therefore knew that the mobile home was dangerously wide and unfit for travel on FM 535. Along his course of travel down FM 535, Defendant Segovia experienced at least one near miss with an oncoming motorist, who had to swerve off of the roadway to avoid a catastrophic collision. Segovia nonetheless continued on with the planned short cut. 4.5 Deborah Jackson was the driver of a 2004 Dodge Durango, traveling west on FM 535. Deborah s son Blake sat behind her in the back seat on the driver s side of the vehicle. Deborah s other son, Christopher Jackson II, sat in the front passenger seat, and Deborah s nephew Jamarius Mosley sat in the back seat on the passenger side of the vehicle. The sun was setting in Deborah s field of view, and because of the lighting conditions and geography she was unaware of Defendant Segovia s vehicle and the oversized mobile home extending across the center stripe into her lane of travel. 4.6 The Dodge Durango violently collided with the portion of the oncoming mobile home towed by Segovia that extended into Deborah Jackson s lawful lane of travel, which catastrophically destroyed the driver s side of the vehicle. Deborah Jackson and Blake Jackson were fatally injured, and Christopher Jackson II and Jamarious Mosley were transported by Starflight to Dell Children s Plf s Original Petition 4
Hospital in Austin. 4.7 Each of the Defendant(s) acts and omissions listed herein constitute negligence and/or negligence per se which singularly or in combination with others proximately caused the occurrence made the basis of this action and the injuries and damages sought. V. NEGLIGENCE AND GROSS NEGLIGENCE OF SEGOVIA TRUCKING 5.1 Segovia breached his duty of due care through his acts and omissions, in: a. Driving his vehicle on a roadway when it was not safe; b. Obstructing a lane of travel being used for conveyance of other motor vehicles; c. Disregarding and consciously deviating from the permitted trip route; and d. Proceeding on the roadway when oncoming traffic would not have adequate sight distances or warning to avoid colliding with the mobile home. 5.2 Each of the above acts and omissions, separately and in combination, constitute negligence and/or negligence per se, and each was a proximate cause of the ensuing collision and resulting fatalities and the damages sustained by their surviving family members. 5.3 Defendant Segovia was grossly negligent through his acts: when viewed objectively from Segovia s standpoint at the time of the collision, his acts and omissions posed an extreme degree of risk and potential harm to others, and he had actual, subjective awareness of the risk involved but proceeded with conscious indifference to the safety and welfare of motorists in the oncoming lane of travel on FM 535. VI. NEGLIGENCE OF LECHUGA MOBILE HOME CONSTRUCTION SERVICES 6.1 Defendant Lechuga Mobile Home Construction Services was negligent in its hiring, training, screening, safety review, retention, and supervision of Segovia Trucking in its capacity as a Plf s Original Petition 5
mobile home transporter. 6.2 Defendant Segovia Trucking s conduct was within the course and scope of its employment with Defendant Lechuga Construction Mobile Home Services, and/or it was transporting the mobile home with the express and/or implied consent of Defendant Lechuga Mobile Home Construction Services, and/or it was engaged in a joint enterprise with the other Defendant(s), and/or Defendant Segovia Trucking was an agent of Defendant Lechuga Mobile Home Construction Services at the time of the collision, and thus the doctrine of respondeat superior applies so as to impute the negligence against Defendant Lechuga Construction Mobile Home Services. VII. NEGLIGENCE OF TITAN DIRECT HOME SALES, INC. 7.1 Defendant Titan Direct Home Sales, Inc. was negligent and negligent per se in its hiring, training, screening, safety review, retention, and supervision of Lechuga in its capacity as a mobile home transporter. 7.2 Defendant Titan was negligent and negligent per se in its hiring, training, screening, safety review, retention, and supervision of Segovia Trucking in its capacity in its capacity as a mobile home transporter. 7.3 Defendant Segovia Trucking s conduct was within the course and scope of its employment by Titan Direct Home Sales, Inc., and/or, it was transporting the mobile home with the express and/or implied consent of Defendant Titan Direct Home Sales, Inc., and/or was engaged in a joint enterprise with the other Defendant(s), and/or Defendant Segovia Trucking was an agent of Defendant Titan Direct Home Sales, Inc. at the time of the collision, and thus the doctrine of respondeat superior applies so as to impute the negligence of each and both Plf s Original Petition 6
other Defendant(s) onto Titan Direct Home Sales, Inc. 7.4 Defendant Titan Direct Home Sales, Inc. s duty of care to the public in contracting and arranging for the transport of the oversized mobile home along public roads to its customers is non-delegable in that such an activity involves a per se dangerous instrumentality and/or creation of dangerous conditions. VIII. JUDICIAL NOTICE 8.1 Plaintiff respectfully requests the Court to take judicial notice of the Life Tables promulgated by the United States Government. IX. WRONGFUL DEATH CLAIMS 9.1 Plaintiff Christopher Ira Jackson seeks damages for the loss of his wife Deborah Jackson, pursuant to the Texas Wrongful Death Act, codified in Texas Civ. Prac. & Rem. Code, 71.001 et seq. 9.2 Plaintiff Christopher Ira Jackson seek damagess for the loss of his son Blake Jackson, pursuant to the Texas Wrongful Death Act. 9.3 Plaintiff Christopher Ira Jackson, as Next Friend of Christopher Jackson II, seeks damages for the loss of Christopher Jackson II s mother Deborah Jackson, pursuant to the Texas Wrongful Death Act. X. SURVIVAL CLAIMS 10.1 Plaintiff Christopher Ira Jackson, as Personal Representative of the Estate of Deborah Jackson, further seeks recovery in this suit for damages that Deborah Jackson suffered prior to her death, including her bodily injuries and mental anguish, pursuant to Tex. Civ. Prac. & Rem. 71.021. Plf s Original Petition 7
10. 2 Plaintiff Christopher Ira Jackson, as Personal Representative of the Estate of Blake Jackson, further seeks recovery in this suit for damages that Blake Jackson suffered prior to his death, including his bodily injuries and mental anguish, pursuant to Tex. Civ. Prac. & Rem. 71.021. 10.3 Plaintiff Christopher Ira Jackson and his son, Christopher Jackson II have suffered immeasurable losses and damages, for which Plaintiff seeks compensation under the applicable Survival statute. XI. DAMAGES 11.1 Plaintiff seeks unliquidated damages in an amount that is within the jurisdictional limits of the court. 11.2 Plaintiff Christopher Ira Jackson seeks monetary damages from the Defendants to compensate Plaintiff, Individually and as Next Friend of Christopher Jackson II, for damages including, but not limited to, the following: a. Loss of Consortium damages of Christopher Ira Jackson in the past and future for the loss of the husband-wife relationship between Christopher Ira Jackson and Deborah Jackson, including loss of affection, society, assistance, emotional support, care, comfort, solace, companionship, protection, and services; b. Loss of Consortium damages of Christopher Ira Jackson in the past and future for the loss of the father-son relationship between Christopher Ira Jackson and Blake Jackson, including loss of affection, society, assistance, emotional support, care, comfort, solace, companionship, protection, and services; c. Loss of Consortium damages of Christopher Jackson II in the past and future for the loss of the mother-son relationship between Deborah Jackson and Christopher Jackson II, including loss of affection, society, assistance, emotional support, care, comfort, solace, companionship, protection, and services; d. Past and future pecuniary losses of Christopher Ira Jackson, including earning capacity, advice, counsel, services, care, maintenance, support, and Plf s Original Petition 8
contributions that Christopher Ira Jackson would, in reasonable probability, have received had Deborah Jackson lived; e. Past and future pecuniary losses of Christopher Jackson II, including earning capacity, advice, counsel, services, care, maintenance, support, and contributions that Christopher Ira Jackson would, in reasonable probability, have received had Deborah Jackson lived; f. Past and future mental anguish of Christopher Ira Jackson. g. Past and future mental anguish of Christopher Jackson II. h. Reasonable and necessary emergency and medical care of Christopher Jackson II; i. Loss of inheritance; and j. Exemplary damages. 11.3 Plaintiff Christopher Ira Jackson, as Representative of the Estate of Deborah Jackson, seeks monetary damages from the Defendants to compensate for the following elements of damages: a. Physical pain and suffering that Decedent, Deborah Jackson suffered in the time immediately preceding her death; b. The mental anguish that Decedent, Deborah Jackson experienced in the time immediately preceding her death; c. Future pecuniary losses including earnings capacity; d. Exemplary damages; and e. Funeral and burial expenses. 11.4 Plaintiff Christopher Ira Jackson, as Representative of the Estate of Blake Jackson, seeks monetary damages from the Defendants to compensate for the following elements of damages: a. Physical pain and suffering that Decedent, Blake Jackson suffered in the time immediately preceding his death; Plf s Original Petition 9
b. The mental anguish that Decedent, Blake Jackson experienced in the time immediately preceding his death; c. Future pecuniary losses including earning capacity; d. Exemplary damages; and e. Funeral and burial expenses. 11.5 In addition to the damages set out above, Plaintiff asks for judgment against Defendants herein for court costs, and for pre-judgment and post-judgment interest as authorized by law. XII. REQUEST FOR DISCLOSURE 12.1 Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiff requests that each Defendant disclose the information or material described in Rule 194.2 within 50 days of service of this request. herewith. XIII. REQUEST FOR JURY TRIAL 13.1 Plaintiff requests a jury trial on this matter and tenders the statutory fee PRAYER WHEREFORE, premises considered, Plaintiff Christopher Ira Jackson, Individually, as Representative of the Estate of Deborah Jackson, as Representative of the Estate of Blake Jackson, and as Next Friend of Christopher Jackson II, respectfully prays that this cause be set for a trial by jury, and for judgment against the Defendants Titan Factory Direct Homes, Inc., Lechuga Construction Mobile Home Services and Segovia Trucking, jointly and severally, for damages as alleged, including regular and exemplary damages of any kind, penalties, costs, Plf s Original Petition 10
expenses, pre-judgment interest and post-judgment interest and attorney s fees, and for such other and further lawful and equitable relief to which Plaintiff may be entitled. RESPECTFULLY SUBMITTED, BONILLA LAW FIRM 3910 S. IH-35, Suite 200 Austin, TX 78704 Tel. 512-441-111 Fax 512-445-7505 Bradford A. Bonilla Tex. Bar No. 24075755 bbonilla@jonbonilla.com Peter Mills Tex. Bar No. 24043827 pmills@jonbonilla.com Plf s Original Petition 11