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FILED
6/13/2022 2:19 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Belinda Hernandez DEPUTY
DC-22-06437
CAUSE NO.
WHITTNEE HOLLIS, IN THE DISTRICT COURT
Plaintiff,
134th
v. JUDICIAL DISTRICT
KENDELL SIMMS,
Defendant. DALLAS COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, WHITTNEE HOLLIS, Plaintiff, and files Plaintiff's Original Petition,
complaining of Defendant, KENDELL SIMMS, and would show unto the Court as follows:
|. SELECTION OF DISCOVERY LEVEL
1. This suit is governed by discovery control plan || under Rule 190.3 of the
Texas Rules of Civil Procedure.
II.PARTIES
2. Plaintiff, WHITTNEE HOLLIS, is an individual who resides at 1422 Bosher
Drive, Cedar Hill, Dallas County, TX 75104.
3. Defendant, KENDELL SIMMS, is an individual who resides at 512 Quick
Silver Drive, DeSoto, Dallas County, TX 75115, and may be served with process at that
address or wherever he may be located. Citation is being requested for this Defendant and
service will be completed by a private process server.
III. JURISDICTION & VENUE
4. The Court has continuing jurisdiction over Defendant, because Defendant is
a Texas resident. The Court hasjurisdiction overthe subject matter, because the damages
are within the statutory jurisdictional limits of the Court.
5. Venue is proper in Dallas County because Defendant is a resident of that
county, and all or a substantial part of the events giving rise to this cause of action
occurred in that county.
PLAINTIFF'S ORIGINAL PETITION/267663 Page 1
IV.
6. This lawsuit results from an automobile collision that occurred on or about
May 10, 2021, at Clark Road and West Danieldale Road in Dallas, Dallas County, Texas.
Plaintiff, Whittnee Hollis, was stopped facing northbound on Clark Road. Defendant,
Kendell Simms, was traveling southbound on Clark Road attempting to turn left onto
Danieldale Road. Defendant, Kendell Simms, failed to stop at a red light and failed to
maintain control over his vehicle causing an impact with Plaintiff’s vehicle. As a result of
the impact, Plaintiff suffered bodily injury.
V. NEGLIGENCE
7. At the time of the accident, Defendant, Kendell Simms, was operating his
vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and
operate the vehicle reasonably and prudently. Defendant breached this duty in one or more
of the following ways:
a. Failure to maintain a proper lookout;
b. Failure to make such application of the brakes as a person using
ordinary care would have made;
c. Failure to maintain proper control of the vehicle under the conditions
then and there existing;
d. Failure to turn the vehicle to the right or left to avoid the collision;
e. Traveling at an unsafe speed; and
f. Failure to maintain an adequate distance between the vehicle and the
vehicle driven by Plaintiff, Whittnee Hollis.
Vl. NEGLIGENCE PER SE
8. Defendant, Kendell Simms, violated Texas Transp. Code §544.007, by
failing to stop for a steady red traffic signal. Failing to stop a vehicle when faced with a
steady red traffic signal is negligence per se. The statute is designed to protect a class of
person to which Plaintiff belongs against the type of injury suffered by Plaintiff. Defendant,
Kendell Simms’ violation of the Texas Transp. Code §544.007 was without legal excuse.
Defendant, Kendell Simms’ breach of the duty imposed by the statute proximately caused
injury to the Plaintiff.
PLAINTIFF'S ORIGINAL PETITION/267663 Page 2
VII. DAMAGES
9. As a proximate result of the Defendant's negligence, Plaintiff suffered bodily
injury. Plaintiff suffered the following damages:
a. Physical pain and mental anguish in the past and future;
b. Medical expenses in the past and future; and
c. Physical impairment.
VIII. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, WHITTNEE HOLLIS,
respectfully requests Defendant, KENDELL SIMMS, be cited to appear and answer, and
on final trial,that Plaintiff have judgment against Defendant for:
a. Actual damages;
b Prejudgment and post judgment interest as allowed by law;
c. Costs of suit;
d Monetary relief over $250,000 but not more than $1,000,000; and
e Any further relief, either in law or equity, to which Plaintiff is justly
entitled.
IX. RULE 193.7 NOTICE
Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff gives notice
that documents produced by any party to this case may be used at any pretrial proceeding
or at the trial of this matter.
Respectfully submitted,
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041
(972) 263-5555
(817) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
/s/ Camila Valencia
by: Camilo Valencia
State Bar No. 24110468
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION/267663 Page 3
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FILED 6/13/2022 2:19 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Belinda Hernandez DEPUTY DC-22-06437 CAUSE NO. WHITTNEE HOLLIS, IN THE DISTRICT COURT Plaintiff, 134th v. JUDICIAL DISTRICT KENDELL SIMMS, Defendant. DALLAS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, WHITTNEE HOLLIS, Plaintiff, and files Plaintiff's Original Petition, complaining of Defendant, KENDELL SIMMS, and would show unto the Court as follows: |. SELECTION OF DISCOVERY LEVEL 1. This suit is governed by discovery control plan || under Rule 190.3 of the Texas Rules of Civil Procedure. II.PARTIES 2. Plaintiff, WHITTNEE HOLLIS, is an individual who resides at 1422 Bosher Drive, Cedar Hill, Dallas County, TX 75104. 3. Defendant, KENDELL SIMMS, is an individual who resides at 512 Quick Silver Drive, DeSoto, Dallas County, TX 75115, and may be served with process at that address or wherever he may be located. Citation is being requested for this Defendant and service will be completed by a private process server. III. JURISDICTION & VENUE 4. The Court has continuing jurisdiction over Defendant, because Defendant is a Texas resident. The Court hasjurisdiction overthe subject matter, because the damages are within the statutory jurisdictional limits of the Court. 5. Venue is proper in Dallas County because Defendant is a resident of that county, and all or a substantial part of the events giving rise to this cause of action occurred in that county. PLAINTIFF'S ORIGINAL PETITION/267663 Page 1 IV. 6. This lawsuit results from an automobile collision that occurred on or about May 10, 2021, at Clark Road and West Danieldale Road in Dallas, Dallas County, Texas. Plaintiff, Whittnee Hollis, was stopped facing northbound on Clark Road. Defendant, Kendell Simms, was traveling southbound on Clark Road attempting to turn left onto Danieldale Road. Defendant, Kendell Simms, failed to stop at a red light and failed to maintain control over his vehicle causing an impact with Plaintiff’s vehicle. As a result of the impact, Plaintiff suffered bodily injury. V. NEGLIGENCE 7. At the time of the accident, Defendant, Kendell Simms, was operating his vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and operate the vehicle reasonably and prudently. Defendant breached this duty in one or more of the following ways: a. Failure to maintain a proper lookout; b. Failure to make such application of the brakes as a person using ordinary care would have made; c. Failure to maintain proper control of the vehicle under the conditions then and there existing; d. Failure to turn the vehicle to the right or left to avoid the collision; e. Traveling at an unsafe speed; and f. Failure to maintain an adequate distance between the vehicle and the vehicle driven by Plaintiff, Whittnee Hollis. Vl. NEGLIGENCE PER SE 8. Defendant, Kendell Simms, violated Texas Transp. Code §544.007, by failing to stop for a steady red traffic signal. Failing to stop a vehicle when faced with a steady red traffic signal is negligence per se. The statute is designed to protect a class of person to which Plaintiff belongs against the type of injury suffered by Plaintiff. Defendant, Kendell Simms’ violation of the Texas Transp. Code §544.007 was without legal excuse. Defendant, Kendell Simms’ breach of the duty imposed by the statute proximately caused injury to the Plaintiff. PLAINTIFF'S ORIGINAL PETITION/267663 Page 2 VII. DAMAGES 9. As a proximate result of the Defendant's negligence, Plaintiff suffered bodily injury. Plaintiff suffered the following damages: a. Physical pain and mental anguish in the past and future; b. Medical expenses in the past and future; and c. Physical impairment. VIII. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, WHITTNEE HOLLIS, respectfully requests Defendant, KENDELL SIMMS, be cited to appear and answer, and on final trial,that Plaintiff have judgment against Defendant for: a. Actual damages; b Prejudgment and post judgment interest as allowed by law; c. Costs of suit; d Monetary relief over $250,000 but not more than $1,000,000; and e Any further relief, either in law or equity, to which Plaintiff is justly entitled. IX. RULE 193.7 NOTICE Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff gives notice that documents produced by any party to this case may be used at any pretrial proceeding or at the trial of this matter. Respectfully submitted, Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, TX 75041 (972) 263-5555 (817) 263-5555 (972) 682-7586 Facsimile eService@benabbott.com /s/ Camila Valencia by: Camilo Valencia State Bar No. 24110468 ATTORNEYS FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION/267663 Page 3