Preview
Electronically Filed
1/3/2019 3:26 PM
Hidalgo County District Clerks
Reviewed By: Jonathan Coronado
CAUSE NO. C-3748-18-A
VERONICA ZELAYA-SALMERON AND § IN THE DISTRICT COURT
HERMELINDA VEGA-LOPEZ, §
PLAINTIFFS, §
§
V. § 92ND JUDICIAL DISTRICT
§
GARCIA JACINTO, JR. AND JORGE OMAR §
GONZALEZ, §
DEFENDANTS. § HIDALGO COUNTY, TEXAS
PLAINTIFFS’ FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME VERONICA ZELAYA-SALMERON and HERMELINDA VEGA-
LOPEZ, Plaintiffs, complaining of and against GARCIA JACINTO, JR. and JORGE OMAR
GONZALEZ Defendants, and for cause of action would respectfully show the Court the
following:
I. DISCOVERY CONTROL PLAN LEVEL
1.01 Pursuant to Texas Rules of Civil Procedure Rule 190.4, Plaintiff requests that
discovery be conducted in accordance with Discovery Control Plan-Level 3.
1.02 Plaintiffs seek monetary relief greater than $200,000 but not greater than
$1,000,000.
II. JURISDICTION AND VENUE
2.01 This Court has jurisdiction and venue over the parties and subject matter of these
claims because the amount in controversy is within the jurisdictional limits of this Court and
Defendant JORGE OMAR GONZALEZ resided in Hidalgo County at the time that this cause of
action accrued.
III. PARTIES AND SERVICE
3.01 Plaintiffs are individuals residing in Dallas County, Texas.
3.02 Defendant, GARCIA JACINTO, JR., is an individual who may be served at
31172 Denise Avenue, Los Fresnos, Texas 78566.
PLAINTIFF’S FIRST AMENDED PETITION PAGE 1
Electronically Filed
1/3/2019 3:26 PM
Hidalgo County District Clerks
Reviewed By: Jonathan Coronado
3.03 Defendant, JORGE OMAR GONZALEZ is an individual who may be served at
914 Bass Boulevard, Edinburg, Texas 78539.
IV. FACTS
4.01 This lawsuit arises out of a motor vehicle collision that occurred on or about
August 22, 2018, in Kingman, Arizona. Plaintiffs were traveling east on Minerva Lane just north
of US Interstate 40, when Defendant GARCIA JACINTO, JR., while operating a vehicle
entrusted to him by Defendant JORGE OMAR GONZALEZ, failed to yield the right of way,
failed to maintain a single lane of traffic and collided with Plaintiffs. The collision caused the
injuries and other damages complained of herein.
V. CAUSES OF ACTION
NEGLIGENCE – DEFENDANT GARCIA JACINTO, JR.
5.01 The collision and the injuries of the Plaintiffs were proximately caused by
Defendant GARCIA JACINTO, JR.’s negligent, careless, and reckless disregard of his duty to
Plaintiff, including the following acts and omissions:
a. Defendant, GARCIA JACINTO, JR., failed to keep a proper lookout for the
Plaintiff's safety that would have been maintained by a person of ordinary
prudence under the same or similar circumstances;
b. Defendant, GARCIA JACINTO, JR., failed to timely apply the brakes to his
motor vehicle in order to avoid the collision;
c. Defendant, GARCIA JACINTO, JR., failed to take proper evasive action that
would have been taken by a person of ordinary prudence under the same or
similar circumstances;
d. Defendant, GARCIA JACINTO, JR., failed to remain reasonably attentive to the
traffic and other conditions existing on the roadway as a reasonably prudent
person would have been under the same or similar circumstances;
e. Defendant, GARCIA JACINTO, JR., failed to pay requisite attention as a
reasonably prudent driver would; and
f. Defendant, GARCIA JACINTO, JR., was negligent per se as Defendant operated
his vehicle violating the Texas Transportation Code.
NEGLIGENT ENTRUSTMENT – DEFENDANT JORGE OMAR GONZALEZ
5.02 At all times relevant to this cause of action, Defendant JORGE OMAR
GONZALEZ owned the vehicle with which he negligently entrusted Defendant GARCIA
JACINTO, JR. and in which Defendant GARCIA JACINTO, JR. collided with the vehicle
driven by Plaintiff VERONICA ZELAYA-SALMERON.
PLAINTIFF’S FIRST AMENDED PETITION PAGE 2
Electronically Filed
1/3/2019 3:26 PM
Hidalgo County District Clerks
Reviewed By: Jonathan Coronado
a. Defendant GARCIA JACINTO, JR. was an incompetent and/or reckless driver at
the time of the collision.
b. Defendant JORGE OMAR GONZALEZ knew or should have known that
Defendant GARCIA JACINTO, JR. was an incompetent and/or reckless driver at
the time of the collision.
c. Defendant GARCIA JACINTO, JR. was negligent in his operation of the vehicle
at the time of the collision.
d. Defendant GARCIA JACINTO, JR.’s negligence proximately caused Plaintiffs’
injuries and damages.
VI. DAMAGES
6.01 As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiffs were caused to suffer severe bodily injuries and damages as set forth below.
a. Reasonable expenses for necessary medical care in the past and future for
Plaintiff;
b. Lost wages and/or lost earning capacity, past and future;
c. Pain and suffering in the past and future;
d. Physical impairment in the past and future;
e. Disfigurement, past and future;
f. Loss of use; and
g. Property damage.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that the
Defendants be cited to appear and answer herein, and that upon final hearing of the cause,
judgment be entered for the Plaintiffs against the Defendants for damages in an amount within
the jurisdictional limits of the Court, together with pre-judgment and post-judgment interest at
the maximum rate allowed by law, costs of court, and such other and further relief to which the
Plaintiffs may show themselves justly entitled.
Respectfully submitted,
RAD LAW FIRM
BY: /s/Mackenzie Linyard
MACKENZIE B. LINYARD
State Bar No. 24083399
8001 LBJ Fwy, Suite 300
Dallas, Texas 75251
PLAINTIFF’S FIRST AMENDED PETITION PAGE 3
Electronically Filed
1/3/2019 3:26 PM
Hidalgo County District Clerks
Reviewed By: Jonathan Coronado
Phone (972) 661-1111
Fax (972) 661-3537
E-Mail: mlinyard@radlawfirm.com
E-File: efileML@radlawfirm.com
ATTORNEY FOR PLAINTIFFS
CERTIFICATE OF SERVICE
The undersigned certifies that on this 3rd day of January, 2019 a copy of the foregoing
documents and attachments were delivered to all counsel of record pursuant to the Texas Rules
of Civil Procedure.
_/s/ Mackenzie Linyard _____
MACKENZIE LINYARD
PLAINTIFF’S FIRST AMENDED PETITION PAGE 4
Preview
Electronically Filed 1/3/2019 3:26 PM Hidalgo County District Clerks Reviewed By: Jonathan Coronado CAUSE NO. C-3748-18-A VERONICA ZELAYA-SALMERON AND § IN THE DISTRICT COURT HERMELINDA VEGA-LOPEZ, § PLAINTIFFS, § § V. § 92ND JUDICIAL DISTRICT § GARCIA JACINTO, JR. AND JORGE OMAR § GONZALEZ, § DEFENDANTS. § HIDALGO COUNTY, TEXAS PLAINTIFFS’ FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COME VERONICA ZELAYA-SALMERON and HERMELINDA VEGA- LOPEZ, Plaintiffs, complaining of and against GARCIA JACINTO, JR. and JORGE OMAR GONZALEZ Defendants, and for cause of action would respectfully show the Court the following: I. DISCOVERY CONTROL PLAN LEVEL 1.01 Pursuant to Texas Rules of Civil Procedure Rule 190.4, Plaintiff requests that discovery be conducted in accordance with Discovery Control Plan-Level 3. 1.02 Plaintiffs seek monetary relief greater than $200,000 but not greater than $1,000,000. II. JURISDICTION AND VENUE 2.01 This Court has jurisdiction and venue over the parties and subject matter of these claims because the amount in controversy is within the jurisdictional limits of this Court and Defendant JORGE OMAR GONZALEZ resided in Hidalgo County at the time that this cause of action accrued. III. PARTIES AND SERVICE 3.01 Plaintiffs are individuals residing in Dallas County, Texas. 3.02 Defendant, GARCIA JACINTO, JR., is an individual who may be served at 31172 Denise Avenue, Los Fresnos, Texas 78566. PLAINTIFF’S FIRST AMENDED PETITION PAGE 1 Electronically Filed 1/3/2019 3:26 PM Hidalgo County District Clerks Reviewed By: Jonathan Coronado 3.03 Defendant, JORGE OMAR GONZALEZ is an individual who may be served at 914 Bass Boulevard, Edinburg, Texas 78539. IV. FACTS 4.01 This lawsuit arises out of a motor vehicle collision that occurred on or about August 22, 2018, in Kingman, Arizona. Plaintiffs were traveling east on Minerva Lane just north of US Interstate 40, when Defendant GARCIA JACINTO, JR., while operating a vehicle entrusted to him by Defendant JORGE OMAR GONZALEZ, failed to yield the right of way, failed to maintain a single lane of traffic and collided with Plaintiffs. The collision caused the injuries and other damages complained of herein. V. CAUSES OF ACTION NEGLIGENCE – DEFENDANT GARCIA JACINTO, JR. 5.01 The collision and the injuries of the Plaintiffs were proximately caused by Defendant GARCIA JACINTO, JR.’s negligent, careless, and reckless disregard of his duty to Plaintiff, including the following acts and omissions: a. Defendant, GARCIA JACINTO, JR., failed to keep a proper lookout for the Plaintiff's safety that would have been maintained by a person of ordinary prudence under the same or similar circumstances; b. Defendant, GARCIA JACINTO, JR., failed to timely apply the brakes to his motor vehicle in order to avoid the collision; c. Defendant, GARCIA JACINTO, JR., failed to take proper evasive action that would have been taken by a person of ordinary prudence under the same or similar circumstances; d. Defendant, GARCIA JACINTO, JR., failed to remain reasonably attentive to the traffic and other conditions existing on the roadway as a reasonably prudent person would have been under the same or similar circumstances; e. Defendant, GARCIA JACINTO, JR., failed to pay requisite attention as a reasonably prudent driver would; and f. Defendant, GARCIA JACINTO, JR., was negligent per se as Defendant operated his vehicle violating the Texas Transportation Code. NEGLIGENT ENTRUSTMENT – DEFENDANT JORGE OMAR GONZALEZ 5.02 At all times relevant to this cause of action, Defendant JORGE OMAR GONZALEZ owned the vehicle with which he negligently entrusted Defendant GARCIA JACINTO, JR. and in which Defendant GARCIA JACINTO, JR. collided with the vehicle driven by Plaintiff VERONICA ZELAYA-SALMERON. PLAINTIFF’S FIRST AMENDED PETITION PAGE 2 Electronically Filed 1/3/2019 3:26 PM Hidalgo County District Clerks Reviewed By: Jonathan Coronado a. Defendant GARCIA JACINTO, JR. was an incompetent and/or reckless driver at the time of the collision. b. Defendant JORGE OMAR GONZALEZ knew or should have known that Defendant GARCIA JACINTO, JR. was an incompetent and/or reckless driver at the time of the collision. c. Defendant GARCIA JACINTO, JR. was negligent in his operation of the vehicle at the time of the collision. d. Defendant GARCIA JACINTO, JR.’s negligence proximately caused Plaintiffs’ injuries and damages. VI. DAMAGES 6.01 As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs were caused to suffer severe bodily injuries and damages as set forth below. a. Reasonable expenses for necessary medical care in the past and future for Plaintiff; b. Lost wages and/or lost earning capacity, past and future; c. Pain and suffering in the past and future; d. Physical impairment in the past and future; e. Disfigurement, past and future; f. Loss of use; and g. Property damage. WHEREFORE, PREMISES CONSIDERED, Plaintiffs respectfully pray that the Defendants be cited to appear and answer herein, and that upon final hearing of the cause, judgment be entered for the Plaintiffs against the Defendants for damages in an amount within the jurisdictional limits of the Court, together with pre-judgment and post-judgment interest at the maximum rate allowed by law, costs of court, and such other and further relief to which the Plaintiffs may show themselves justly entitled. Respectfully submitted, RAD LAW FIRM BY: /s/Mackenzie Linyard MACKENZIE B. LINYARD State Bar No. 24083399 8001 LBJ Fwy, Suite 300 Dallas, Texas 75251 PLAINTIFF’S FIRST AMENDED PETITION PAGE 3 Electronically Filed 1/3/2019 3:26 PM Hidalgo County District Clerks Reviewed By: Jonathan Coronado Phone (972) 661-1111 Fax (972) 661-3537 E-Mail: mlinyard@radlawfirm.com E-File: efileML@radlawfirm.com ATTORNEY FOR PLAINTIFFS CERTIFICATE OF SERVICE The undersigned certifies that on this 3rd day of January, 2019 a copy of the foregoing documents and attachments were delivered to all counsel of record pursuant to the Texas Rules of Civil Procedure. _/s/ Mackenzie Linyard _____ MACKENZIE LINYARD PLAINTIFF’S FIRST AMENDED PETITION PAGE 4