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/ Cit (2-8-0 0 FAL
: te ,
atty P vo, 0-168 13 PILED
BNDEC 30 PH 2:45
EDWARD HANZIK, § IN THE DISTRICT GOURT “ons
§ RIS Rutt i cons
§ SANDRA‘
PLAINTIFF § EPL Y:
: :
VS. § 416th-B supiciaL District
§
. §
STATE FARM COUNTY MUTUAL —§
INSURANCE COMPANY OF §
TEXAS, §
§
DEFENDANT § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW EDWARD HANZIK, Plaintiff herein, and files this Plaintiff's Original
Petition against STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS,
(hereinafter “STATE FARM”) Defendant, and in support thereof, would show the following:
1
DISCOVERY LEVEL TWO
Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, Plaintiff asserts that in this
case, discovery is intended to be conducted under Level 2 as set forth in Rule 190.4.
IL.
THE PARTIES
Plaintiff EDWARD HANZIK resides in Pearland, Brazoria County, Texas.
Defendant STATE FARM is a county mutual insurance corporation in the State of Texas.
Defendant's principal office in the State of Texas located at 17301 Preston Road Texas
75379. This Defendant may be served with process by serving its secretary, Fred J. Marsh,
—" —_—_—___-reoao
Phaintift's Original Petition - PAGE 1Ill.
FACTUAL BACKGROUND
On Thursday, May 10, 2007, at approximately 1:07 p.m., Plaintiff EDWARD HANZIK was
traveling northbound in the 1900 block of Pearland Parkway in Pearland, Brazoria County, Texas
on his black 2006 Harley Davidson Road King motorcycle with his wife, Brenda Hanzik, as a
passenger on the back of the motorcycle. He was traveling in the inside lane through a marked
construction zone with officers posted as traffic control. Juan Matia Rios, driving a dump truck,
was at the same time traveling eastbound in the 2900 block of Stable Stone Lane in his black 1991
Freightliner dump truck. As Plaintiff EDWARD HANZIK was approaching the intersection, Rios
was traveling at a high rate of speed and failed to stop. Plaintiff EDWARD HANZIK dropped his
motorcycle over on its right side to avoid striking the dump truck. Brenda Hanzik and Plaintiff
EDWARD HANZIK fell off the motorcycle, injuring himself.
As a result of the negligence of Rios, Plaintiff has been injured and damages, as more fully
set forth below.
Iv.
CLAIMS AGAINST THE DEFENDANT JUAN MATIA RIOS
‘The accident complained of herein and the resulting injurics and damages to Plaintiffs were
proximately caused by the negligence of JUAN MATIA RIOS in one or more of the following
respects:
(a) In failing to keep such a lookout as a person of ordinary prudence would
have kept under the same or similar circumstances;
(b) In driving the vehicle in a reckless manor;
(c) In failing to have the vehicle he was operating under proper control so as to
avoid colliding with the Plaintiffs;
Piainttf’s Original Petition - PAGE 2(d) In failing to stop; and
(e) In failing to yield the right of way to traffic in violation of Transportation
Code §545.151.
The actions or omissions of the RIOS described above:
(a) constituted negligence, negligence per se and were, jointly and/or severally,
a proximate cause of the injuries and damages in question.
Each of these acts and omissions, singularly or in combination with others, constituted
negligence which proximately caused the occurrence and caused Plaintiff Edward Hanzik’s injunes
and damages.
Vv.
CAUSES OF ACTION AGAINST THE DEFENDANT
STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS
Plaintiff would show that Juan Matio Rios is uninsured or underinsured. At the time of
the accident made the basis of this lawsuit, Plaintiff had in force and effect an automobile
insurance policy issued by Defendant STATE FARM. The policy, number 93 3903-A14-53,
issued to Plaintiff provided uninsured/undcrinsured motorists coverage in the amount of
$100,000 per person/$300,000 per occurrence.
On or about August 2, 2007, Plaintiff EDWARD HANZIK notified Defendant STATE
FARM of his injuries and made claims under the automobile insurance policy for Personal Injury
Protection (“PIP”) coverage and uninsured/underinsured coverage. Plaintiff provided medical
bills and additional information substantiating his injuries in excess of the available policy limits.
Defendant STATE FARM assigned Claim No. 53-E903-067 to Plaintiff's claims.
Plalnti’s Original Petition - PAGE 3VI.
BREACH OF CONTRACT
Plaintiff EDWARD HANZIK and Defendant STATE FARM entered into a written
contract known as STATE FARM policy number 93 3903-A14-53 (“Policy”). The Policy
provides uninsured/underinsured coverage in the amount of $100,000 per person/$300,000 per
occurrence. Plaintiff EDWARD HANZIK fulfilled his obligations under the Policy by paying all
applicable premiums and notifying Defendant STATE FARM of his accident. Defendant
STATE FARM has failed to perform its contractual obligations by refusing to pay Plaintiff's
claim under his uninsured/underinsured coverage. Plaintiff EDWARD HANZIK has been
damaged due to the loss of those sums due and owing under the policy which have not been paid
by Defendant STATE FARM. Plaintiff EDWARD HANZIK is entitled to recover the full
amount of his policy limits, to-wit: $100,000 per person.
VIL.
ATTORNEYS’ FEES
Plaintiff EDWARD HANZIK further prays for all reasonable attorneys fees incurred in
prosecuting this breach of contract action as authorized by Chapter 38, Sec. 38.001 of the Texas
Civil Practice and Remedies Code.
VL
REQUEST FOR DISCLOSURE
Pursuant to Tex. R. Civ. P. 194, Defendant STATE FARM is requested to disclose,
within fifty (50) days of service of this request, information or material described in Rule
194.2(a) - (1).
Ix.
DOCUMENTS TO BE USED
Praintif’s Original Petition - PAGE 4Pursuant to Tex. R. Civ. P. 193.3 (d) and 193.7, Plaintiff EDWARD HANZIK intends to
use all documents exchanged and produced between the parties including but not limited to,
correspondence, disclosures, and discovery responses, during the trial of this cause.
xX.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff EDWARD HANZIK requests that
Defendant STATE FARM be cited to appear and answer, and that upon final trial, Plaintiff
EDWARD HANZIK have:
1) Judgment against Defendant STATE FARM for Plaintiff EDWARD HANZIK’S
actual damages in an amount in excess of the minimum jurisdictional limits of the Court;
2) Pre-judgment and post-judgment interest as allowed by law;
3) Costs of suit;
4) Reasonable attomey’s fees;
5) Such other and further relief to which Plaintiff EDWARD HANZIK may be justly
entitled.
Plaintiff's Original Petition - PAGE SRespectfully submitted,
LYON, GQASKY, HARING, GILBERT &
State Bar No. 08221200
3131 McKinney Avenue, Suite 100
Dallas, Texas 75204
Telephone: 214/965-0090
Facsimile: 214/965-0097
AND
ROBERT C. LYON
State Bar No. 12739900
ROBERT LYON & ASSOCIATES
3301 Century Drive, Suite A
Rowlett, Texas 75088
Telephone: 972/412-0412
Facsimile: 972/475-5804
ATTORNEYS FOR PLAINTIFFS
Plalntift’s Original Petition + PAGE 610- 16813 1164-8
LAW OFFICES : Lot
LYON, GORSKY, HARING & GILBERT, L.L.P. Fil LE
ROBERT c. LYON, PC A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION roment once
BOB GORSKY sor contuny oRive
3131 McKINNEY AVENUE
nom oO ou u 2010060 30 payor gees EE
MARK W GILBERT SUITE 100
CHRISTOPHER 0. LIVINGSTON GAR PTT Aeaaamce sinegy exe
DALLAS. TEXAS 75204 y AROS Yess S35
Jonn swioen OISTRONCLERK
Wm, NICHOLAS MANOUSOS TEXAS
seoano cemnirico TELEPHONE (214) 965-0090 eee
esouke asa rma SL
sHERAS BOARD Or LEGAL SetciaLizAHON FACSIMILE: (214) 965-0097 — DEPUTY
Cement WEBSITE. wew.lyongorsky.com
Ftxas BOARD OF LeoaL SpcciauizatiOn
WEBSITE. www.lyongorskywilis.com
December 29, 2010
Mr. Gary Fitzsimmons
District Clerk
600 Commerce Street
George L. Allen, Sr., Courts Building
Dallas, Texas 75202
RE: Edward Hanzik vs. State Farm County Mutual Insurance Company of
Texas
Dear Mr. Fitzsimmons:
Enclosed please find the original and three (3) copies of the following in
connection with the above-referenced matter:
1) Plaintiff's Original Petition; and
2) Civil District Court Cover Sheet.
I have also enclosed our firm’s check in the amount of $255.00 made payable to
Gary Fitzsimmons, District Clerk for the filing and citation fees, I would appreciate your
returning to me one of the enclosed copies with your file mark thereon in the enclosed
self-addressed stamped envelope. VoT FOUND
I would appreciate your calling me when the citation is ready to be picked up, as
we intend to serve the citation and petition by other means.
As always your cooperation is greatly appreciated.
Sincerely,
\ eeu MLA.
AMY SITGERMER
Legal ASsistant to Bob Gorsky
as
Enclosures
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/ Cit (2-8-0 0 FAL : te , atty P vo, 0-168 13 PILED BNDEC 30 PH 2:45 EDWARD HANZIK, § IN THE DISTRICT GOURT “ons § RIS Rutt i cons § SANDRA‘ PLAINTIFF § EPL Y: : : VS. § 416th-B supiciaL District § . § STATE FARM COUNTY MUTUAL —§ INSURANCE COMPANY OF § TEXAS, § § DEFENDANT § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW EDWARD HANZIK, Plaintiff herein, and files this Plaintiff's Original Petition against STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS, (hereinafter “STATE FARM”) Defendant, and in support thereof, would show the following: 1 DISCOVERY LEVEL TWO Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure, Plaintiff asserts that in this case, discovery is intended to be conducted under Level 2 as set forth in Rule 190.4. IL. THE PARTIES Plaintiff EDWARD HANZIK resides in Pearland, Brazoria County, Texas. Defendant STATE FARM is a county mutual insurance corporation in the State of Texas. Defendant's principal office in the State of Texas located at 17301 Preston Road Texas 75379. This Defendant may be served with process by serving its secretary, Fred J. Marsh, —" —_—_—___-reoao Phaintift's Original Petition - PAGE 1Ill. FACTUAL BACKGROUND On Thursday, May 10, 2007, at approximately 1:07 p.m., Plaintiff EDWARD HANZIK was traveling northbound in the 1900 block of Pearland Parkway in Pearland, Brazoria County, Texas on his black 2006 Harley Davidson Road King motorcycle with his wife, Brenda Hanzik, as a passenger on the back of the motorcycle. He was traveling in the inside lane through a marked construction zone with officers posted as traffic control. Juan Matia Rios, driving a dump truck, was at the same time traveling eastbound in the 2900 block of Stable Stone Lane in his black 1991 Freightliner dump truck. As Plaintiff EDWARD HANZIK was approaching the intersection, Rios was traveling at a high rate of speed and failed to stop. Plaintiff EDWARD HANZIK dropped his motorcycle over on its right side to avoid striking the dump truck. Brenda Hanzik and Plaintiff EDWARD HANZIK fell off the motorcycle, injuring himself. As a result of the negligence of Rios, Plaintiff has been injured and damages, as more fully set forth below. Iv. CLAIMS AGAINST THE DEFENDANT JUAN MATIA RIOS ‘The accident complained of herein and the resulting injurics and damages to Plaintiffs were proximately caused by the negligence of JUAN MATIA RIOS in one or more of the following respects: (a) In failing to keep such a lookout as a person of ordinary prudence would have kept under the same or similar circumstances; (b) In driving the vehicle in a reckless manor; (c) In failing to have the vehicle he was operating under proper control so as to avoid colliding with the Plaintiffs; Piainttf’s Original Petition - PAGE 2(d) In failing to stop; and (e) In failing to yield the right of way to traffic in violation of Transportation Code §545.151. The actions or omissions of the RIOS described above: (a) constituted negligence, negligence per se and were, jointly and/or severally, a proximate cause of the injuries and damages in question. Each of these acts and omissions, singularly or in combination with others, constituted negligence which proximately caused the occurrence and caused Plaintiff Edward Hanzik’s injunes and damages. Vv. CAUSES OF ACTION AGAINST THE DEFENDANT STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS Plaintiff would show that Juan Matio Rios is uninsured or underinsured. At the time of the accident made the basis of this lawsuit, Plaintiff had in force and effect an automobile insurance policy issued by Defendant STATE FARM. The policy, number 93 3903-A14-53, issued to Plaintiff provided uninsured/undcrinsured motorists coverage in the amount of $100,000 per person/$300,000 per occurrence. On or about August 2, 2007, Plaintiff EDWARD HANZIK notified Defendant STATE FARM of his injuries and made claims under the automobile insurance policy for Personal Injury Protection (“PIP”) coverage and uninsured/underinsured coverage. Plaintiff provided medical bills and additional information substantiating his injuries in excess of the available policy limits. Defendant STATE FARM assigned Claim No. 53-E903-067 to Plaintiff's claims. Plalnti’s Original Petition - PAGE 3VI. BREACH OF CONTRACT Plaintiff EDWARD HANZIK and Defendant STATE FARM entered into a written contract known as STATE FARM policy number 93 3903-A14-53 (“Policy”). The Policy provides uninsured/underinsured coverage in the amount of $100,000 per person/$300,000 per occurrence. Plaintiff EDWARD HANZIK fulfilled his obligations under the Policy by paying all applicable premiums and notifying Defendant STATE FARM of his accident. Defendant STATE FARM has failed to perform its contractual obligations by refusing to pay Plaintiff's claim under his uninsured/underinsured coverage. Plaintiff EDWARD HANZIK has been damaged due to the loss of those sums due and owing under the policy which have not been paid by Defendant STATE FARM. Plaintiff EDWARD HANZIK is entitled to recover the full amount of his policy limits, to-wit: $100,000 per person. VIL. ATTORNEYS’ FEES Plaintiff EDWARD HANZIK further prays for all reasonable attorneys fees incurred in prosecuting this breach of contract action as authorized by Chapter 38, Sec. 38.001 of the Texas Civil Practice and Remedies Code. VL REQUEST FOR DISCLOSURE Pursuant to Tex. R. Civ. P. 194, Defendant STATE FARM is requested to disclose, within fifty (50) days of service of this request, information or material described in Rule 194.2(a) - (1). Ix. DOCUMENTS TO BE USED Praintif’s Original Petition - PAGE 4Pursuant to Tex. R. Civ. P. 193.3 (d) and 193.7, Plaintiff EDWARD HANZIK intends to use all documents exchanged and produced between the parties including but not limited to, correspondence, disclosures, and discovery responses, during the trial of this cause. xX. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff EDWARD HANZIK requests that Defendant STATE FARM be cited to appear and answer, and that upon final trial, Plaintiff EDWARD HANZIK have: 1) Judgment against Defendant STATE FARM for Plaintiff EDWARD HANZIK’S actual damages in an amount in excess of the minimum jurisdictional limits of the Court; 2) Pre-judgment and post-judgment interest as allowed by law; 3) Costs of suit; 4) Reasonable attomey’s fees; 5) Such other and further relief to which Plaintiff EDWARD HANZIK may be justly entitled. Plaintiff's Original Petition - PAGE SRespectfully submitted, LYON, GQASKY, HARING, GILBERT & State Bar No. 08221200 3131 McKinney Avenue, Suite 100 Dallas, Texas 75204 Telephone: 214/965-0090 Facsimile: 214/965-0097 AND ROBERT C. LYON State Bar No. 12739900 ROBERT LYON & ASSOCIATES 3301 Century Drive, Suite A Rowlett, Texas 75088 Telephone: 972/412-0412 Facsimile: 972/475-5804 ATTORNEYS FOR PLAINTIFFS Plalntift’s Original Petition + PAGE 610- 16813 1164-8 LAW OFFICES : Lot LYON, GORSKY, HARING & GILBERT, L.L.P. Fil LE ROBERT c. LYON, PC A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION roment once BOB GORSKY sor contuny oRive 3131 McKINNEY AVENUE nom oO ou u 2010060 30 payor gees EE MARK W GILBERT SUITE 100 CHRISTOPHER 0. LIVINGSTON GAR PTT Aeaaamce sinegy exe DALLAS. TEXAS 75204 y AROS Yess S35 Jonn swioen OISTRONCLERK Wm, NICHOLAS MANOUSOS TEXAS seoano cemnirico TELEPHONE (214) 965-0090 eee esouke asa rma SL sHERAS BOARD Or LEGAL SetciaLizAHON FACSIMILE: (214) 965-0097 — DEPUTY Cement WEBSITE. wew.lyongorsky.com Ftxas BOARD OF LeoaL SpcciauizatiOn WEBSITE. www.lyongorskywilis.com December 29, 2010 Mr. Gary Fitzsimmons District Clerk 600 Commerce Street George L. Allen, Sr., Courts Building Dallas, Texas 75202 RE: Edward Hanzik vs. State Farm County Mutual Insurance Company of Texas Dear Mr. Fitzsimmons: Enclosed please find the original and three (3) copies of the following in connection with the above-referenced matter: 1) Plaintiff's Original Petition; and 2) Civil District Court Cover Sheet. I have also enclosed our firm’s check in the amount of $255.00 made payable to Gary Fitzsimmons, District Clerk for the filing and citation fees, I would appreciate your returning to me one of the enclosed copies with your file mark thereon in the enclosed self-addressed stamped envelope. VoT FOUND I would appreciate your calling me when the citation is ready to be picked up, as we intend to serve the citation and petition by other means. As always your cooperation is greatly appreciated. Sincerely, \ eeu MLA. AMY SITGERMER Legal ASsistant to Bob Gorsky as Enclosures