Preview
FILED
7/12/2022 12:18 PM
FELICIA PITRE
DISTRICT CLERK
1 CIT ESERVE DALLAS CO., TEXAS
Cynthia R Willis DEPUTY
JURY DEMAND
DC-22-07827
CAUSE NO. ___________________
GLORIA MOLINA, § IN THE DISTRICT COURT
§
Plaintiff, § 44th
§
v. § _____ JUDICIAL DISTRICT
§
CHARLES WHITEHEAD, §
§
Defendant § DALLAS COUNTY, TEXAS
§
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, GLORIA MOLINA (hereinafter “Plaintiff”), and files this, his Original
Petition, complaining of and about CHARLES WHITEHEAD (hereinafter referred to as
“Defendant”) and for cause of action would show unto the Court as follows:
I.
DISCOVERY CONTROL PLAN
1. Plaintiff intends to conduct discovery under Discovery Level 1, pursuant to Rule
190.2 of the Texas Rules of Civil Procedure.
II.
PARTIES
2. Plaintiff, GLORIA MOLINA, is a resident of Dallas County, Texas.
3. Defendant, CHARLES WHITEHEAD, is a resident of Dallas County, Texas, and
may be personally served with process at 226 E. Bancroft Dr., Garland, TX 75040 or wherever
else he may be found. Issuance of citation is requested at this time.
PLAINTIFF’S ORIGINAL PETITION PAGE 1 OF 6
4. In the event any parties are misnamed or not included herein, it is Plaintiff’s
contention that such was a “misnomer” and/or such parties are/were “alter egos” of parties named
herein.
III.
JURISDICTION
5. Jurisdiction in this Court is proper as the amount in controversy exceeds the
minimal jurisdictional limits of this Court.
IV.
VENUE
6. Venue is proper in Dallas County, Texas as it is the county in which the incident
which forms the basis of this lawsuit arose. TEX. PRAC. & REM. CODE §15.002(A)(1)-(A)(2). On
the date of the incident which forms the basis of this lawsuit, Defendant was a resident of Dallas
County, Texas. Plaintiff was a resident of Dallas County, Texas.
V.
STATEMENT OF FACTS
7. On or about August 24, 2021, in Dallas County, Texas, Plaintiff was operating a
motor vehicle in a reasonable and prudent manner, exercising ordinary care for her safety, as well
as the safety of others, when Plaintiff was struck by a vehicle, which was operated by the
Defendant. The collision, which was proximately caused by Defendant’s negligence, occurred as
follows: Plaintiff was going Northbound on Highway 635 at around 5-10 mph due to traffic when
Defendant suddenly and without warning rear-ended her vehicle. Defendant’s vehicle bounced
back from the impact of the collision and hit Plaintiff’s car a second time.
As a result of Defendant’s negligent conduct, Plaintiff suffered injuries, requiring medical
treatment. Plaintiff had no fault in the cause of this accident. As a result of the same, Plaintiff has
incurred medical bills that she is responsible for the repayment of.
PLAINTIFF’S ORIGINAL PETITION PAGE 2 OF 6
VI.
CAUSES OF ACTION
NEGLIGENCE
8. Plaintiff hereby adopts, restates, and realleges each and every paragraph of the
Statement of Facts applicable to all counts as if fully and completely set forth herein.
9. The conduct of Defendant was the proximate cause of Plaintiff’s damages in that
Defendant’s acts or omissions, constituted negligence, negligence per se and/or malice in
following acts of negligence, to wit:
a. failing to keep such a lookout as a person of ordinary prudence would have kept
under similar circumstances;
b. failing to keep such distance away from Plaintiff’s motor vehicle as a person
using ordinary prudent care would have done;
c. failing to apply the brakes to the vehicle in order to avoid the collision;
d. failing to turn the direction of the vehicle away from other vehicles, in order to
avoid the accident;
e. failing to exercise reasonable care to avoid the collision;
f. failing to exercise reasonable care to avoid a foreseeable risk of injury to others;
g. failing to sound horn or warn Plaintiff prior to the accident;
h. failing to identify, predict, decide and execute evasive maneuvers appropriately
in order to avoid collision;
i. failing to maintain a clear distance between vehicles so that, considering the
speed of the vehicles, traffic, and conditions of the highway, the operator can
safely stop without colliding with the preceding vehicle, in violation of Texas
Transportation Code §545.062.
10. Each of the above acts and omissions, singularly or in combination with each other,
was the proximate cause of Plaintiff’s damages that are described below.
PLAINTIFF’S ORIGINAL PETITION PAGE 3 OF 6
VII.
DAMAGES
11. Plaintiff hereby adopts, restates and realleges each and every paragraph of the
Statement of Facts applicable to all counts as if fully and completely set forth herein.
12. Each of the above acts and/or omissions, singularly or in combination with others,
was a proximate cause of the collision in question, and the proximate cause of the injuries and
damages suffered by Plaintiff.
13. As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiff suffered serious injuries, and to incurred the following damages:
a. Medical expenses in the past and future;
b. Physical pain and suffering in the past and future;
c. Mental anguish in the past and future; and
d. Physical impairment in the past and future
VIII.
PRE-JUDGMENT and POST-JUDGMENT INTEREST SOUGHT
14. Plaintiff seeks pre-judgment and post-judgment interest as allowed by the laws of
the State of Texas.
X.
RULE 193.7 NOTICE
15. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives
actual notice to Defendant that any and all documents produced may be used against the Defendant
at any pre-trial proceeding and/or at the trial of this matter without the necessity of authenticating
the documents.
PLAINTIFF’S ORIGINAL PETITION PAGE 4 OF 6
XI.
TRCP RULE 47 STATEMENT OF RELIEF SOUGHT
16. Pursuant to Texas Rule of Civil Procedure 47, Plaintiff state that she seeks
monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties,
and attorney’s fees and costs. Plaintiff expressly reserve the right to amend this Rule 47 statement
of relief if necessary.
XII.
JURY DEMAND
17. Plaintiff hereby demand a jury trial in connection with this matter pursuant to Texas
Rule of Civil Procedure 216, and is paid with the filing of the Original Petition as payment of the
jury.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant be cited
to appear and answer herein, and upon final hearing of the cause, judgment be entered against
Defendant for Plaintiff’s damages in an amount within the jurisdictional limits of this Court,
together with pre-judgment interest from the date of Plaintiff’s injuries and other damages through
the date of judgment at the maximum rate allowed by law, post-judgment interest at the legal rate,
costs of court, and for such other and further relief, in law or in equity, to which Plaintiff may
show himself justly entitled.
PLAINTIFF’S ORIGINAL PETITION PAGE 5 OF 6
Respectfully Submitted,
By: /s/ Christian Havens
Christian Havens
Texas Bar. No. 24119469
Rod Blake Khavari
Texas Bar No. 24060090
16818 Dallas Pkwy
Dallas, Texas 75248
972/225-4444
Fax: 972/225-4445
christianh@dfwlawgroup.com
rodk@dfwlawgroup.com
Attorneys for Plaintiff
PLAINTIFF’S ORIGINAL PETITION PAGE 6 OF 6
Preview
FILED 7/12/2022 12:18 PM FELICIA PITRE DISTRICT CLERK 1 CIT ESERVE DALLAS CO., TEXAS Cynthia R Willis DEPUTY JURY DEMAND DC-22-07827 CAUSE NO. ___________________ GLORIA MOLINA, § IN THE DISTRICT COURT § Plaintiff, § 44th § v. § _____ JUDICIAL DISTRICT § CHARLES WHITEHEAD, § § Defendant § DALLAS COUNTY, TEXAS § PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, GLORIA MOLINA (hereinafter “Plaintiff”), and files this, his Original Petition, complaining of and about CHARLES WHITEHEAD (hereinafter referred to as “Defendant”) and for cause of action would show unto the Court as follows: I. DISCOVERY CONTROL PLAN 1. Plaintiff intends to conduct discovery under Discovery Level 1, pursuant to Rule 190.2 of the Texas Rules of Civil Procedure. II. PARTIES 2. Plaintiff, GLORIA MOLINA, is a resident of Dallas County, Texas. 3. Defendant, CHARLES WHITEHEAD, is a resident of Dallas County, Texas, and may be personally served with process at 226 E. Bancroft Dr., Garland, TX 75040 or wherever else he may be found. Issuance of citation is requested at this time. PLAINTIFF’S ORIGINAL PETITION PAGE 1 OF 6 4. In the event any parties are misnamed or not included herein, it is Plaintiff’s contention that such was a “misnomer” and/or such parties are/were “alter egos” of parties named herein. III. JURISDICTION 5. Jurisdiction in this Court is proper as the amount in controversy exceeds the minimal jurisdictional limits of this Court. IV. VENUE 6. Venue is proper in Dallas County, Texas as it is the county in which the incident which forms the basis of this lawsuit arose. TEX. PRAC. & REM. CODE §15.002(A)(1)-(A)(2). On the date of the incident which forms the basis of this lawsuit, Defendant was a resident of Dallas County, Texas. Plaintiff was a resident of Dallas County, Texas. V. STATEMENT OF FACTS 7. On or about August 24, 2021, in Dallas County, Texas, Plaintiff was operating a motor vehicle in a reasonable and prudent manner, exercising ordinary care for her safety, as well as the safety of others, when Plaintiff was struck by a vehicle, which was operated by the Defendant. The collision, which was proximately caused by Defendant’s negligence, occurred as follows: Plaintiff was going Northbound on Highway 635 at around 5-10 mph due to traffic when Defendant suddenly and without warning rear-ended her vehicle. Defendant’s vehicle bounced back from the impact of the collision and hit Plaintiff’s car a second time. As a result of Defendant’s negligent conduct, Plaintiff suffered injuries, requiring medical treatment. Plaintiff had no fault in the cause of this accident. As a result of the same, Plaintiff has incurred medical bills that she is responsible for the repayment of. PLAINTIFF’S ORIGINAL PETITION PAGE 2 OF 6 VI. CAUSES OF ACTION NEGLIGENCE 8. Plaintiff hereby adopts, restates, and realleges each and every paragraph of the Statement of Facts applicable to all counts as if fully and completely set forth herein. 9. The conduct of Defendant was the proximate cause of Plaintiff’s damages in that Defendant’s acts or omissions, constituted negligence, negligence per se and/or malice in following acts of negligence, to wit: a. failing to keep such a lookout as a person of ordinary prudence would have kept under similar circumstances; b. failing to keep such distance away from Plaintiff’s motor vehicle as a person using ordinary prudent care would have done; c. failing to apply the brakes to the vehicle in order to avoid the collision; d. failing to turn the direction of the vehicle away from other vehicles, in order to avoid the accident; e. failing to exercise reasonable care to avoid the collision; f. failing to exercise reasonable care to avoid a foreseeable risk of injury to others; g. failing to sound horn or warn Plaintiff prior to the accident; h. failing to identify, predict, decide and execute evasive maneuvers appropriately in order to avoid collision; i. failing to maintain a clear distance between vehicles so that, considering the speed of the vehicles, traffic, and conditions of the highway, the operator can safely stop without colliding with the preceding vehicle, in violation of Texas Transportation Code §545.062. 10. Each of the above acts and omissions, singularly or in combination with each other, was the proximate cause of Plaintiff’s damages that are described below. PLAINTIFF’S ORIGINAL PETITION PAGE 3 OF 6 VII. DAMAGES 11. Plaintiff hereby adopts, restates and realleges each and every paragraph of the Statement of Facts applicable to all counts as if fully and completely set forth herein. 12. Each of the above acts and/or omissions, singularly or in combination with others, was a proximate cause of the collision in question, and the proximate cause of the injuries and damages suffered by Plaintiff. 13. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff suffered serious injuries, and to incurred the following damages: a. Medical expenses in the past and future; b. Physical pain and suffering in the past and future; c. Mental anguish in the past and future; and d. Physical impairment in the past and future VIII. PRE-JUDGMENT and POST-JUDGMENT INTEREST SOUGHT 14. Plaintiff seeks pre-judgment and post-judgment interest as allowed by the laws of the State of Texas. X. RULE 193.7 NOTICE 15. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives actual notice to Defendant that any and all documents produced may be used against the Defendant at any pre-trial proceeding and/or at the trial of this matter without the necessity of authenticating the documents. PLAINTIFF’S ORIGINAL PETITION PAGE 4 OF 6 XI. TRCP RULE 47 STATEMENT OF RELIEF SOUGHT 16. Pursuant to Texas Rule of Civil Procedure 47, Plaintiff state that she seeks monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney’s fees and costs. Plaintiff expressly reserve the right to amend this Rule 47 statement of relief if necessary. XII. JURY DEMAND 17. Plaintiff hereby demand a jury trial in connection with this matter pursuant to Texas Rule of Civil Procedure 216, and is paid with the filing of the Original Petition as payment of the jury. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant be cited to appear and answer herein, and upon final hearing of the cause, judgment be entered against Defendant for Plaintiff’s damages in an amount within the jurisdictional limits of this Court, together with pre-judgment interest from the date of Plaintiff’s injuries and other damages through the date of judgment at the maximum rate allowed by law, post-judgment interest at the legal rate, costs of court, and for such other and further relief, in law or in equity, to which Plaintiff may show himself justly entitled. PLAINTIFF’S ORIGINAL PETITION PAGE 5 OF 6 Respectfully Submitted, By: /s/ Christian Havens Christian Havens Texas Bar. No. 24119469 Rod Blake Khavari Texas Bar No. 24060090 16818 Dallas Pkwy Dallas, Texas 75248 972/225-4444 Fax: 972/225-4445 christianh@dfwlawgroup.com rodk@dfwlawgroup.com Attorneys for Plaintiff PLAINTIFF’S ORIGINAL PETITION PAGE 6 OF 6