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Electronically Submitted
8/2/2017
8/2/2017 5:21
5:21 PM
Hidalgo County Clerks Office
Accepted by:
by: Alma Navarro
CL-17-3098-B
CAUSE N 0.:
JUANA VARGAS, § IN THE COUNTY COURT
Plaintiff,
_
§
§
v. § AT LAW NO.
§
CHRISTIAN ALEJANDRO §
QUINTERO AND OLIVIA §
DEGOLLADO, §
Defendant. § 0F HIDALGO COUNTY TEXAS
PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY RE UESTS T0
DEFENDANTS CHRISTIAN ALEJANDRO OUINTERO AND OLIVIA
DEGOLLADO
TO THE HONORABLE JUDGE AND JURY 0F SAID COURT:
NOW COMES, JUANA VARGAS (hereinafter sometimes referred to as
“Plaintiff’), complaining of CHRISTIAN ALEJANDRO QUINTERO and OLIVIA
DEGOLLADO, (hereinafier sometimes referred to as “Defendants”) for cause of action
shows unto the Court the following:
I. DISCOVERY CONTROL PLAN & MONETARY CLAIM FOR RELIEF
1.] Plaintiff intend to conduct discovery under Level 1 of Texas Rule of Civil
Procedure 190.2 because this suit involves only monetary relief totaling $100,000 or less,
including damages of any kind, penalties, court costs, expenses, prejudgment interest.
1.2 Plaintiff have suffered losses and damages in a sum within the jurisdictional
limits of the Court and for which this lawsuit is brought. Plaintiff seeks monetary relief of
$100,000 or less and nonmonetary relief. Tex. R. Civ. P. 47(c)(2). Plaintiff reserve the right
to either file a trial amendment or an amended pleading on the issue of damages if
subsequent evidence shows that the range of damages is either too high or too low.
Plaintiff‘s Original Petition And Discovery Requests To Defendants
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CL-17-3098-B
II. PARTIES AND SERVICE
2.1 Plaintiff JUANA VARGAS is an individual who is a resident of Hidalgo
County, Texas.
2.2 Defendant, CHRISTIAN ALEJANDRO QUINTERO, is an individual who
is a resident of Hidalgo County and a resident of the State of Texas. Said Defendant may
be sewed with process at the following address: 331 San Vicente Dr., Alamo, Texas
78516. Service of citation is requested by private process service.
2.3 Defendant, OLIVIA DEGOLLADO, is an individual who is a resident of
Hidalgo County and a resident of the State of Texas. Said Defendant may be served with
process at the following address: 206 E. Chaparral St., San Juan, Texas 78589. Service
of citation is requested by private process service.
111. JURISDICTION AND VENUE
3.1 Jurisdiction is appropriate in this Court in that this is a lawsuit seeking
damages in excess of the minimumjurisdictional limits of the district courts of the State of
Texas, and this Court has personal jurisdiction over Defendants as set out below. Plaintiff
seeks damages in excess of the minimum jurisdictional limits of this court.
3.2 Plaintiff would show that venue is proper in Hidalgo County, Texas,
pursuant to Section 15.002(a)(2) of the Texas Civil Practices & Remedies Code, in that
Hidalgo County is the county of defendant's residence at the time the cause of action
accrued and defendant is a natural person.
3.3 Jurisdiction would not be proper in federal court as there is no diversity of
citizenship between the Plaintiff and the Defendants in this case for the reason that both
are resident of the State of Texas. Moreover, Plaintiff is not asserting any claims or causes
Plaintiff‘s Original Petition And Discovery Requests To Defendants
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CL-17-3098-B
of action based on federal statutes, treaties, or laws, at this time. Moreover, this lawsuit
asserts no claims against the United States, nor does it involve any claims based on
maritime law.
IV. FACTUAL BASIS OF CLAIM
4.1 The lawsuit arises from an automobile crash event which occurred on or
about January 10, 2017 in Alamo, Hidalgo County Texas. Plaintiff, Juana Vargas, was
traveling eastbound through the intersection of Moore Road and Lake Avenue. Plaintiff
was traveling in a reasonable and prudent manner, exercising ordinary care for her safety
and the safety of others. Defendant, Christian Quintero, was traveling southbound and
disregard the posted stop sign and proceeded to drive forward striking Ms. Vargas’ vehicle.
Due to the magnitude of the collision, Ms. Vargas’ vehicle spun in a circular motion and
came to rest on the north side of Moore Road. As a result of Defendant’s failure to yield
the right of way at the posted stop sign, failing to maintain a proper lookout and operating
his vehicle inattentive, a violent collision between the parties’ vehicles occurred.
4.2 As a result of the magnitude and force of the impact, Plaintiff suffered
serious personal injuries and other damages.
4.3 These are violations of the motor vehicle and criminal laws of the State of
Texas. Defendant failed breached a stand of conduct that a reasonably prudent operator
in the same or similar circumstances would have done in operating Defendant’s vehicle.
V. PLAINTIFF ’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT,
CHRISTIAN ALEJANDRO UINTERO
5.1 Defendant had a duty to exercise the degree of care that a reasonably careful
and prudent person would use to avoid harm to others under circumstances similar to those
described herein.
Plaintiffs Original Petition And Discovery
Requests To Defendants
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Hidalgo County
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Ima Navarro
CL-17-3098-B
CL-17-3098-B
5.2 Plaintiff‘s injuries and damages were proximately caused by Defendant’s
negligence, careless and reckless disregard and breach of their individual respective legal
duties, said duties, which consisted of, but are not limited to, the following acts and
omissions:
a) In that Defendant failed to keep a proper lookout for Plaintiff‘s safety that
would have been maintained by a person of ordinary prudence under the same
or similar circumstances;
b) Failure to drive at the appropriate speed such as a person of ordinary care would
have done under the same or similar circumstances;
c) In that Defendant was negligence by failing to yield right away at a stop sign;
d) In that Defendant was negligent by failing to control Defendant’s speed;
c) In that Defendant was negligent by driving recklessly and inattentive;
f) In that Defendant was operating Defendant’s vehicle at an unsafe speed to
negotiate the surrounding traffic in an effort to avoid the crash event made the
basis ofthis suit;
g) In that the Defendant failed to maintain a proper lookout; and
h) In that Defendant failed to take proper evasive action in an attempt to avoid the
collision in question.
5.3 These are violations of the motor vehicle laws of the State of Texas and
operating safety precautions and warnings issued by the Texas Department of
Transportation. Defendant failed and breached a standard of conduct that a reasonably
prudent operator would have done under the same or similar circumstances in operating a
motor vehicle.
VI. PLAINTIFF’S CLAIM OF NEGLIGENCE
PER SE AGAINST DEFENDANT CHRISTIAN ALEJANDRO OUINTERO
6.1 Defendant, Christian Alejandro Quintero, conduct described herein
constitutes an unexcused breach of duty imposed by the Texas Transportation Code Section
Plaintiff‘s Original Pclixion And Discovery Requests 'l'o Defendants
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CL-17-3098-B
545.151 and 545.153.
6.2 Plaintiff are members of the class that the Transportation Code Section
545.151 and 545.153 was designed to protect. Defendant, Christian Quintero, unexcused
breach of the duty imposed by the Transportation Code Section 545.151 and 545.153
proximately caused the Plaintiff injuries described herein.
VII. NEGLIGENT ENTRUSTMENT
7.1 Plaintiff further allege that, on or about the occasion in question, Defendant,
Olivia Degollado, owned the vehicle that was operated by Defendant, Christian Quintero,
was in possession of said vehicle with the express consent of Defendant, Olivia Degollado.
7.2 Defendant, Olivia Degollado, entrusted her vehicle to Mr. Quintero, for the
purpose of operating it,and Mr. Quintero, operated it with the knowledge, consent, and
permission of Defendant Olivia Degollado. At such time, Christian Quintero was
incompetent and unfit to safely operate a motor vehicle due reckless, inexperienced and
incompetent driver. Defendant, Olivia Degollado, knew or should have known, in the
exercise of due care, that Defendant, Christian Quintero, was an incompetent and unfit
driver and would create an unreasonable risk of danger to persons and property.
7.3 Plaintiff also allege that, upon the occasion in question Defendant, Olivia
Degollado, was negligent for failing to use ordinary care by various acts and omissions in
at least the following ways: by knowingly and negligently entrusting his vehicle to a
reckless, inexperienced and incompetent driver; and by failing to use reasonable cam in
monitoring and supervising the conduct of Christian Quintero.
7.4 Each and all of the above stated acts and/or omissions constitute negligence and the
same are a direct and proximate cause of the injuries and damages sustained by Plaintiff.
Plaintiff‘s Original Petition And Discovery Requests To Defendants
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CL-17-3098-B
VIII. DAMAGES FOR PLAINTIFF JUANA VARGAS
8.1 As a direct and proximate cause of the occurrence made the basis of this
lawsuit, Plaintiff was caused to suffer personal injuries, and to incur the following
damages:
a) Reasonable medical care and expenses paid and incurred in the past. Plaintiff
incurred these expenses for the necessary care and treatment of the injuries resulting
from the incident complained of herein and such charges are reasonable and were
usual and customary charges for such services;
b) Reasonable and necessary medical care and expenses, which will in all reasonable
probability will be incurred in the fiJture;
Physical pain and suffering in the past;
Physical pain and suffering in the filture;
Physical impairment in the past;
Physical impairment, which, in all reasonable probability, will he suffered in the
future;
g) Mental anguish in the past; and,
h) Mental anguish in the future.
8.2 Said elements of damages as set forth above were proximately caused by
the negligence of the Defendant and said negligence was a substantial factor in bringing
about the harm, injury and damages sustained by Plaintiff herein.
IX. PRE- AND POST-JUDGMENT INTEREST
9.1 Plaintiff seeks recovery of such pre-j udgment and post-judgment interest as
permitted by law.
X. RESERVATION OF RIGHTS
Plaintiff‘s Original Petition And Discovery Requests To Defendants
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CL-17-3098-B
10.1 Plaintiff reserves the right to prove the amount of damages at trial. Plaintiff
reserves the right to amend this petition to add additional counts upon further discovery
and as this investigation continues.
X1. REQUEST FOR JURY TRIAL
11.1 Plaintiff, in accordance with Rule 216 of the Texas Rules of Civil
Procedure, request a trial by jury and hereby tender a jury fee with this filing.
XII. CONDITIONS PRECEDENT
12.1 Pursuant to Rule 54 of the Texas Rules of Civil Procedure, all conditions
precedent to Plaintiff‘s right to recover herein have been performed or have occurred.
XIII. REQUESTS FOR DISCLOSURE TO DEFENDANTS, CHRISTIAN
QUINTERO AND OLIVIA DEGOLLADO
13.1 Under Texas Rule of Civil Procedure 194, Plaintiff requests that
Defendants, Christian Quintero and Olivia Degollado, disclose within fifty days (50) of
service of this request, the information or materials described in Rule 194.2 of the Texas
Rules of Civil Procedure.
XIV. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO
DEFENDANT, CHRISTIAN ALEJANDRO QUINTERO
14.1 Pursuant to the provisions of Rule 196 of the Texas Rules of Civil
Procedure, you are hereby requested to produce the below designated “documents” which
shall include, but are not limited to, papers, books, accounts, writings, drawings, graphs,
charts, photographs, emails, electronic data, meta data or any other form of recordings and
other data compilations from which information can be obtained, translated, or reproduced,
if necessary by you, your agents or attorneys, through appropriate devices into reasonably
usable form, and to produce the below designated tangible things which constitute or
Plaintifl‘s Original Petition And Discovery Requests To Defendants
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contain matters which are in the possession, custody or control of you, your agents, servants
or attorneys, for inspection, sampling, testing, photographing and/or copying on the first
business day afier the expiration of fifiy (50) days afier service of these Requests for
Production, at 4900 North 10th Street, Suite F3, McAllen, Texas 78504 pursuant to Rule
196.2(a) Tex.R.Civ.Proc. You are advised that pursuant to Rule 196, you must make a
written response that shall state with respect to each item or category of items that
inspection will be permitted as requested and that you will comply with this Request,
except to the extent that objections are made, stating specific reasons why such discovery
will not be allowed.
INSTRUCTIONS
1. Answer each request for documents separately by listing the documents and
by describing them as defined below. If documents are numbered for production,
in each response provide both the information that identifies the document and the
document's number.
2. For each document or other requested information that you assert is
privileged or for any reason excludable from discovery, identify that document or
other requested information. State the specific grounds for the claim of privilege
or other ground for exclusion. Also, for each document, state the date of the
document, the name,job title, and address of the person who prepared it; the name,
address, and job title of the person to whom it was addressed or circulated or who
saw it; the name, job title,and address of the person now in possession of the
document; and a description of the subject matter of the document.
3. For any requested information about a document that no longer exists or
cannot be located, identify the document, state how and when it passed out of
existence, and when it could no longer be located, and the reason(s) for the
disappearance. Also, identify each person having knowledge about the disposition
or loss and identify each document evidencing the existence or nonexistence of
each document that cannot be located.
4. Counsel is hereby notified that the response "these documents are available
to be reviewed in the Defendant's attorney office and/or are available at your
expense" or similar responses to the above requests are unacceptable unless stated
otherwise for a particular request. Counsel is hereby guaranteed its reasonable
reproduction costs of these documents upon production.
Plaintiff’s Original Petition And Discovery Requests To Defendants
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CL-17-3098-B
ADDITIONAL INSTRUCTIONS REGARDING REQUEST FOR PRODUCTION
OF ELECTRONICALLY STORED INFORMATION
1. Any documents that exist in electronic form are specifically requested to be
produced in native or near-native formats, pursuant to Rule 196.4 of the Texas
Rules of Civil Procedure and should not be converted to an imaged format (e.g.
.PDF) unless such document must be redacted to remove privileged content or the
document does not exist in a native electronic format, in which case a privilege log
is requested.
2. Native format requires production in the same format in which the
information was customarily created, used and stored by you. Examples of the
native or near-native forms in which specific types of electronically stored
information (ESI) should be produced are as follows for each ESI Source:
a) M—__icrosoft Word documents - .,DOC .DOCX.
b) Microsoft Excel Spreadsheet -.XLS, .XLSX.
c) Microsoft PowerPoint Presentations - .PPT, .PPTX.
d) Microsofi Access Databases - .MDB.
e) WordPerfect documents - .WPD.
0 Adobe Acrobat Documents - .PDF.
g) Photogaph - .JPG.
h) E-mail Messages - should be produced so as to preserve and supply
the source RFC 2822 content of the communication and attachments in a
fielded, electronically-searchable format. For Microsofi Exchange or
Outlook messaging, .PST format will suffice. Single message production
formats like .MSG or .EML may be furnished, if source foldering data is
preserved and produced. If your workflow requires that attachments be
extracted and produced separately from transmitting messages, attachments
should be produced in their native forms with parent/child relationships to
the message and container(s) preserved and produced.
i) Databases (excludLng e-mail systems) - Unless the entire contents of
a database are responsive, extract responsive content to a fielded and
electronically searchable format preserving keys and field relationships. If
doing so is infeasible, please identify the database and supply information
concerning the schemae and query language of the database, along with a
detailed description of its export capabilities, so as to facilitate Plaintiff
crafting a query to extract and export responsive data.
3. Examples of responsive forms of Items set out in these Instructions or in any
request should not be construed to limit the scope of the request(s).
4. Documents that do not exist in a native electronic format or which require
redaction of privileged content are hereby requested to be produced in searchable
.PDF format with logical unitization preserved.
Plaintiff‘s Original Petition And Discovery Requests To Defendants
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CL-17-3098-B
5. Production should be made using a flash/thumb drive or a portable external
hard drive. If flash/thumb drives or portable external hard drive are not available to
Defendant, Plaintiff will provide to Defendant upon request.
6. Documents produced should be Bates numbered by naming the file
produced to conform to the Bates number assigned to that file, supplying the
original file name data in the delimited load file described below. .PDF production
of documents that do not exist in a native electronic format may be Bates numbered
on each page in a manner that does not obscure content by embossing the Bates
number of the file followed by a dash and the page number. Respond to each request
for documents by listing the Bates numbers of responsive documents produced
7. Production should include a delimited load file supplying relevant system
metadata field values for each document by Bates number. The field values
supplied should include (as applicable):
a) Source file name;
b) Source file path;
0) Last modified date;
d) Last modified time;
e) Custodian or source;
1) Document type;
g) MD5 hash value;
h) Redacted flag; and,
i) Hash de-duplicated instances (by full path).
8. Documents should be vertically de-duplicated by custodian using each
document’s hash value. Near-deduplication should not be employed so as to
suppress different versions of a document, notations, comments, tracked changes
or application metadata.
DEFINITIONS
The following terms have the following meanings:
1. "Person" includes any individual, corporation, partnership, group association,
governmental entity, or any other organization.
2. "You" or "your" refers to CHRISTIAN ALEJANDRO QUINTERO and all
other persons acting or purporting to act on behalf of CHRISTIAN ALEJANDRO
QUINTERO.
3. "Document" means any written, printed, typed, or other graphic or
photographic matter of any nature and any audio or video recordings in your
possession, custody or control, or known by defendant to exist or to have existed. All
copies of documents that contain any alterations or annotations or that differ in any
way from the originals or copies referred to in the preceding sentence are deemed
Plaintiff’s Original Petition And Discovery Requests To Defendants
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CL-17-3098-B
separate documents from the originals or copies.
4. "Communicate" or "communication" means every manner of disclosure or
exchange, and every disclosure or exchange, of information, whether orally or by
document or whether face-to-face, by telephone, mail, personal delivery, or otherwise.
5. "Identify" used in reference to an individual person means to state (a) the
person's full name and present or last known address and Social Secun'ty number, (b)
the person's present or last known position and business affiliation, and (c) the person's
position and business affiliation at the time in question. "Identify" used in reference
to any other person means to state (a) the person's full name and present or last known
address, (b) type of identity and (c) the names of the individual persons who are or
were principals, agents or employees and who have knowledge of relevant facts.
6. "Identify" used in reference to a document means to state (a) the date, (b) the
author or addressor, (c) addressee and recipients of all copies, (d) type of documents
(for example, recipients of all copies, and (e) its present location or custodian. If any
document was, but no longer is in your possession or subject to your control, state
what disposition was made of it and the identity of the person you reasonably believe
to be the present custodian. Instead of the identification, you may fixmish the
document for inspection and copying at the time you serve your responses.
7. "Identify" used in reference to a communication means to state (a) its date, (b)
the place where it occurred, (c) the type of communications (for example, telephone
conversation, meeting), (d) itssubstance, (e) the identity of the person who made it,
(f) the identity of each person who received itand of all other persons who were
present.
8. "Anticipation of litigation" shall mean the date on which Plaintiff received
wn'tten communication that Defendant was represented by an attorney and anticipated
filing a lawsuit in connection with the incident made the basis of this lawsuit.
9. With respect to any documents for which you claim a privilege, identify the
document, state the privilege involved, and state the factual and legal basis for the
claimed privilege. Identify the document by stating (a) the type of document (letter,
memo, and so forth), (b) the identity of the author, (0) the date written or originated,
(d) the identity of each person to whom the original or a copy was addressed or
delivered, and (e) the identity of every other pers
Preview
Electronically Submitted 8/2/2017 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Accepted by: by: Alma Navarro CL-17-3098-B CAUSE N 0.: JUANA VARGAS, § IN THE COUNTY COURT Plaintiff, _ § § v. § AT LAW NO. § CHRISTIAN ALEJANDRO § QUINTERO AND OLIVIA § DEGOLLADO, § Defendant. § 0F HIDALGO COUNTY TEXAS PLAINTIFF’S ORIGINAL PETITION AND DISCOVERY RE UESTS T0 DEFENDANTS CHRISTIAN ALEJANDRO OUINTERO AND OLIVIA DEGOLLADO TO THE HONORABLE JUDGE AND JURY 0F SAID COURT: NOW COMES, JUANA VARGAS (hereinafter sometimes referred to as “Plaintiff’), complaining of CHRISTIAN ALEJANDRO QUINTERO and OLIVIA DEGOLLADO, (hereinafier sometimes referred to as “Defendants”) for cause of action shows unto the Court the following: I. DISCOVERY CONTROL PLAN & MONETARY CLAIM FOR RELIEF 1.] Plaintiff intend to conduct discovery under Level 1 of Texas Rule of Civil Procedure 190.2 because this suit involves only monetary relief totaling $100,000 or less, including damages of any kind, penalties, court costs, expenses, prejudgment interest. 1.2 Plaintiff have suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought. Plaintiff seeks monetary relief of $100,000 or less and nonmonetary relief. Tex. R. Civ. P. 47(c)(2). Plaintiff reserve the right to either file a trial amendment or an amended pleading on the issue of damages if subsequent evidence shows that the range of damages is either too high or too low. Plaintiff‘s Original Petition And Discovery Requests To Defendants Page I Electronically Submitted 8/2/2017 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Accepted by: Accepted by: Alma Navarro CL-17-3098-B II. PARTIES AND SERVICE 2.1 Plaintiff JUANA VARGAS is an individual who is a resident of Hidalgo County, Texas. 2.2 Defendant, CHRISTIAN ALEJANDRO QUINTERO, is an individual who is a resident of Hidalgo County and a resident of the State of Texas. Said Defendant may be sewed with process at the following address: 331 San Vicente Dr., Alamo, Texas 78516. Service of citation is requested by private process service. 2.3 Defendant, OLIVIA DEGOLLADO, is an individual who is a resident of Hidalgo County and a resident of the State of Texas. Said Defendant may be served with process at the following address: 206 E. Chaparral St., San Juan, Texas 78589. Service of citation is requested by private process service. 111. JURISDICTION AND VENUE 3.1 Jurisdiction is appropriate in this Court in that this is a lawsuit seeking damages in excess of the minimumjurisdictional limits of the district courts of the State of Texas, and this Court has personal jurisdiction over Defendants as set out below. Plaintiff seeks damages in excess of the minimum jurisdictional limits of this court. 3.2 Plaintiff would show that venue is proper in Hidalgo County, Texas, pursuant to Section 15.002(a)(2) of the Texas Civil Practices & Remedies Code, in that Hidalgo County is the county of defendant's residence at the time the cause of action accrued and defendant is a natural person. 3.3 Jurisdiction would not be proper in federal court as there is no diversity of citizenship between the Plaintiff and the Defendants in this case for the reason that both are resident of the State of Texas. Moreover, Plaintiff is not asserting any claims or causes Plaintiff‘s Original Petition And Discovery Requests To Defendants Page 2 Electronically Submitted 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Offic Accepted Accepted by: by: Alma Navarro CL-17-3098-B of action based on federal statutes, treaties, or laws, at this time. Moreover, this lawsuit asserts no claims against the United States, nor does it involve any claims based on maritime law. IV. FACTUAL BASIS OF CLAIM 4.1 The lawsuit arises from an automobile crash event which occurred on or about January 10, 2017 in Alamo, Hidalgo County Texas. Plaintiff, Juana Vargas, was traveling eastbound through the intersection of Moore Road and Lake Avenue. Plaintiff was traveling in a reasonable and prudent manner, exercising ordinary care for her safety and the safety of others. Defendant, Christian Quintero, was traveling southbound and disregard the posted stop sign and proceeded to drive forward striking Ms. Vargas’ vehicle. Due to the magnitude of the collision, Ms. Vargas’ vehicle spun in a circular motion and came to rest on the north side of Moore Road. As a result of Defendant’s failure to yield the right of way at the posted stop sign, failing to maintain a proper lookout and operating his vehicle inattentive, a violent collision between the parties’ vehicles occurred. 4.2 As a result of the magnitude and force of the impact, Plaintiff suffered serious personal injuries and other damages. 4.3 These are violations of the motor vehicle and criminal laws of the State of Texas. Defendant failed breached a stand of conduct that a reasonably prudent operator in the same or similar circumstances would have done in operating Defendant’s vehicle. V. PLAINTIFF ’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT, CHRISTIAN ALEJANDRO UINTERO 5.1 Defendant had a duty to exercise the degree of care that a reasonably careful and prudent person would use to avoid harm to others under circumstances similar to those described herein. Plaintiffs Original Petition And Discovery Requests To Defendants Page 3 Electronically Submitted Submitted 8/2/2017 5:21 5:21 PM Hidalgo County Count Clerks Office Accepted by: by: Alma Ima Navarro CL-17-3098-B CL-17-3098-B 5.2 Plaintiff‘s injuries and damages were proximately caused by Defendant’s negligence, careless and reckless disregard and breach of their individual respective legal duties, said duties, which consisted of, but are not limited to, the following acts and omissions: a) In that Defendant failed to keep a proper lookout for Plaintiff‘s safety that would have been maintained by a person of ordinary prudence under the same or similar circumstances; b) Failure to drive at the appropriate speed such as a person of ordinary care would have done under the same or similar circumstances; c) In that Defendant was negligence by failing to yield right away at a stop sign; d) In that Defendant was negligent by failing to control Defendant’s speed; c) In that Defendant was negligent by driving recklessly and inattentive; f) In that Defendant was operating Defendant’s vehicle at an unsafe speed to negotiate the surrounding traffic in an effort to avoid the crash event made the basis ofthis suit; g) In that the Defendant failed to maintain a proper lookout; and h) In that Defendant failed to take proper evasive action in an attempt to avoid the collision in question. 5.3 These are violations of the motor vehicle laws of the State of Texas and operating safety precautions and warnings issued by the Texas Department of Transportation. Defendant failed and breached a standard of conduct that a reasonably prudent operator would have done under the same or similar circumstances in operating a motor vehicle. VI. PLAINTIFF’S CLAIM OF NEGLIGENCE PER SE AGAINST DEFENDANT CHRISTIAN ALEJANDRO OUINTERO 6.1 Defendant, Christian Alejandro Quintero, conduct described herein constitutes an unexcused breach of duty imposed by the Texas Transportation Code Section Plaintiff‘s Original Pclixion And Discovery Requests 'l'o Defendants Page 4 Electronically Submitted 8/2/2017 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Accepted by: by: Alma Navarro CL-17-3098-B CL-17-3098-B 545.151 and 545.153. 6.2 Plaintiff are members of the class that the Transportation Code Section 545.151 and 545.153 was designed to protect. Defendant, Christian Quintero, unexcused breach of the duty imposed by the Transportation Code Section 545.151 and 545.153 proximately caused the Plaintiff injuries described herein. VII. NEGLIGENT ENTRUSTMENT 7.1 Plaintiff further allege that, on or about the occasion in question, Defendant, Olivia Degollado, owned the vehicle that was operated by Defendant, Christian Quintero, was in possession of said vehicle with the express consent of Defendant, Olivia Degollado. 7.2 Defendant, Olivia Degollado, entrusted her vehicle to Mr. Quintero, for the purpose of operating it,and Mr. Quintero, operated it with the knowledge, consent, and permission of Defendant Olivia Degollado. At such time, Christian Quintero was incompetent and unfit to safely operate a motor vehicle due reckless, inexperienced and incompetent driver. Defendant, Olivia Degollado, knew or should have known, in the exercise of due care, that Defendant, Christian Quintero, was an incompetent and unfit driver and would create an unreasonable risk of danger to persons and property. 7.3 Plaintiff also allege that, upon the occasion in question Defendant, Olivia Degollado, was negligent for failing to use ordinary care by various acts and omissions in at least the following ways: by knowingly and negligently entrusting his vehicle to a reckless, inexperienced and incompetent driver; and by failing to use reasonable cam in monitoring and supervising the conduct of Christian Quintero. 7.4 Each and all of the above stated acts and/or omissions constitute negligence and the same are a direct and proximate cause of the injuries and damages sustained by Plaintiff. Plaintiff‘s Original Petition And Discovery Requests To Defendants Page 5 Electronically Submitted 8/2/2017 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Accepted by: by: Alma Navarro CL-17-3098-B VIII. DAMAGES FOR PLAINTIFF JUANA VARGAS 8.1 As a direct and proximate cause of the occurrence made the basis of this lawsuit, Plaintiff was caused to suffer personal injuries, and to incur the following damages: a) Reasonable medical care and expenses paid and incurred in the past. Plaintiff incurred these expenses for the necessary care and treatment of the injuries resulting from the incident complained of herein and such charges are reasonable and were usual and customary charges for such services; b) Reasonable and necessary medical care and expenses, which will in all reasonable probability will be incurred in the fiJture; Physical pain and suffering in the past; Physical pain and suffering in the filture; Physical impairment in the past; Physical impairment, which, in all reasonable probability, will he suffered in the future; g) Mental anguish in the past; and, h) Mental anguish in the future. 8.2 Said elements of damages as set forth above were proximately caused by the negligence of the Defendant and said negligence was a substantial factor in bringing about the harm, injury and damages sustained by Plaintiff herein. IX. PRE- AND POST-JUDGMENT INTEREST 9.1 Plaintiff seeks recovery of such pre-j udgment and post-judgment interest as permitted by law. X. RESERVATION OF RIGHTS Plaintiff‘s Original Petition And Discovery Requests To Defendants Page 6 Electronically Submitted 8/2/2017 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Accepted by: by: Alma Navarro CL-17-3098-B 10.1 Plaintiff reserves the right to prove the amount of damages at trial. Plaintiff reserves the right to amend this petition to add additional counts upon further discovery and as this investigation continues. X1. REQUEST FOR JURY TRIAL 11.1 Plaintiff, in accordance with Rule 216 of the Texas Rules of Civil Procedure, request a trial by jury and hereby tender a jury fee with this filing. XII. CONDITIONS PRECEDENT 12.1 Pursuant to Rule 54 of the Texas Rules of Civil Procedure, all conditions precedent to Plaintiff‘s right to recover herein have been performed or have occurred. XIII. REQUESTS FOR DISCLOSURE TO DEFENDANTS, CHRISTIAN QUINTERO AND OLIVIA DEGOLLADO 13.1 Under Texas Rule of Civil Procedure 194, Plaintiff requests that Defendants, Christian Quintero and Olivia Degollado, disclose within fifty days (50) of service of this request, the information or materials described in Rule 194.2 of the Texas Rules of Civil Procedure. XIV. PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT, CHRISTIAN ALEJANDRO QUINTERO 14.1 Pursuant to the provisions of Rule 196 of the Texas Rules of Civil Procedure, you are hereby requested to produce the below designated “documents” which shall include, but are not limited to, papers, books, accounts, writings, drawings, graphs, charts, photographs, emails, electronic data, meta data or any other form of recordings and other data compilations from which information can be obtained, translated, or reproduced, if necessary by you, your agents or attorneys, through appropriate devices into reasonably usable form, and to produce the below designated tangible things which constitute or Plaintifl‘s Original Petition And Discovery Requests To Defendants Page 7 Electronically Submitted 8/2/2017 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Accepted by: by: Alma Navarro CL-17-3098-B contain matters which are in the possession, custody or control of you, your agents, servants or attorneys, for inspection, sampling, testing, photographing and/or copying on the first business day afier the expiration of fifiy (50) days afier service of these Requests for Production, at 4900 North 10th Street, Suite F3, McAllen, Texas 78504 pursuant to Rule 196.2(a) Tex.R.Civ.Proc. You are advised that pursuant to Rule 196, you must make a written response that shall state with respect to each item or category of items that inspection will be permitted as requested and that you will comply with this Request, except to the extent that objections are made, stating specific reasons why such discovery will not be allowed. INSTRUCTIONS 1. Answer each request for documents separately by listing the documents and by describing them as defined below. If documents are numbered for production, in each response provide both the information that identifies the document and the document's number. 2. For each document or other requested information that you assert is privileged or for any reason excludable from discovery, identify that document or other requested information. State the specific grounds for the claim of privilege or other ground for exclusion. Also, for each document, state the date of the document, the name,job title, and address of the person who prepared it; the name, address, and job title of the person to whom it was addressed or circulated or who saw it; the name, job title,and address of the person now in possession of the document; and a description of the subject matter of the document. 3. For any requested information about a document that no longer exists or cannot be located, identify the document, state how and when it passed out of existence, and when it could no longer be located, and the reason(s) for the disappearance. Also, identify each person having knowledge about the disposition or loss and identify each document evidencing the existence or nonexistence of each document that cannot be located. 4. Counsel is hereby notified that the response "these documents are available to be reviewed in the Defendant's attorney office and/or are available at your expense" or similar responses to the above requests are unacceptable unless stated otherwise for a particular request. Counsel is hereby guaranteed its reasonable reproduction costs of these documents upon production. Plaintiff’s Original Petition And Discovery Requests To Defendants Page 8 Electronically Submitted 8/2/2017 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Offic Accepted by: Accepted by: Alma Navarro Navarro CL-17-3098-B ADDITIONAL INSTRUCTIONS REGARDING REQUEST FOR PRODUCTION OF ELECTRONICALLY STORED INFORMATION 1. Any documents that exist in electronic form are specifically requested to be produced in native or near-native formats, pursuant to Rule 196.4 of the Texas Rules of Civil Procedure and should not be converted to an imaged format (e.g. .PDF) unless such document must be redacted to remove privileged content or the document does not exist in a native electronic format, in which case a privilege log is requested. 2. Native format requires production in the same format in which the information was customarily created, used and stored by you. Examples of the native or near-native forms in which specific types of electronically stored information (ESI) should be produced are as follows for each ESI Source: a) M—__icrosoft Word documents - .,DOC .DOCX. b) Microsoft Excel Spreadsheet -.XLS, .XLSX. c) Microsoft PowerPoint Presentations - .PPT, .PPTX. d) Microsofi Access Databases - .MDB. e) WordPerfect documents - .WPD. 0 Adobe Acrobat Documents - .PDF. g) Photogaph - .JPG. h) E-mail Messages - should be produced so as to preserve and supply the source RFC 2822 content of the communication and attachments in a fielded, electronically-searchable format. For Microsofi Exchange or Outlook messaging, .PST format will suffice. Single message production formats like .MSG or .EML may be furnished, if source foldering data is preserved and produced. If your workflow requires that attachments be extracted and produced separately from transmitting messages, attachments should be produced in their native forms with parent/child relationships to the message and container(s) preserved and produced. i) Databases (excludLng e-mail systems) - Unless the entire contents of a database are responsive, extract responsive content to a fielded and electronically searchable format preserving keys and field relationships. If doing so is infeasible, please identify the database and supply information concerning the schemae and query language of the database, along with a detailed description of its export capabilities, so as to facilitate Plaintiff crafting a query to extract and export responsive data. 3. Examples of responsive forms of Items set out in these Instructions or in any request should not be construed to limit the scope of the request(s). 4. Documents that do not exist in a native electronic format or which require redaction of privileged content are hereby requested to be produced in searchable .PDF format with logical unitization preserved. Plaintiff‘s Original Petition And Discovery Requests To Defendants Page 9 Electronically Submitted 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Offic Accepted Accepted by: by: Alma Navarro CL-17-3098-B 5. Production should be made using a flash/thumb drive or a portable external hard drive. If flash/thumb drives or portable external hard drive are not available to Defendant, Plaintiff will provide to Defendant upon request. 6. Documents produced should be Bates numbered by naming the file produced to conform to the Bates number assigned to that file, supplying the original file name data in the delimited load file described below. .PDF production of documents that do not exist in a native electronic format may be Bates numbered on each page in a manner that does not obscure content by embossing the Bates number of the file followed by a dash and the page number. Respond to each request for documents by listing the Bates numbers of responsive documents produced 7. Production should include a delimited load file supplying relevant system metadata field values for each document by Bates number. The field values supplied should include (as applicable): a) Source file name; b) Source file path; 0) Last modified date; d) Last modified time; e) Custodian or source; 1) Document type; g) MD5 hash value; h) Redacted flag; and, i) Hash de-duplicated instances (by full path). 8. Documents should be vertically de-duplicated by custodian using each document’s hash value. Near-deduplication should not be employed so as to suppress different versions of a document, notations, comments, tracked changes or application metadata. DEFINITIONS The following terms have the following meanings: 1. "Person" includes any individual, corporation, partnership, group association, governmental entity, or any other organization. 2. "You" or "your" refers to CHRISTIAN ALEJANDRO QUINTERO and all other persons acting or purporting to act on behalf of CHRISTIAN ALEJANDRO QUINTERO. 3. "Document" means any written, printed, typed, or other graphic or photographic matter of any nature and any audio or video recordings in your possession, custody or control, or known by defendant to exist or to have existed. All copies of documents that contain any alterations or annotations or that differ in any way from the originals or copies referred to in the preceding sentence are deemed Plaintiff’s Original Petition And Discovery Requests To Defendants Page [0 Electronically Submitted 8/2/2017 8/2/2017 5:21 5:21 PM Hidalgo County Clerks Office Accepted by: by: Alma Navarro CL-17-3098-B separate documents from the originals or copies. 4. "Communicate" or "communication" means every manner of disclosure or exchange, and every disclosure or exchange, of information, whether orally or by document or whether face-to-face, by telephone, mail, personal delivery, or otherwise. 5. "Identify" used in reference to an individual person means to state (a) the person's full name and present or last known address and Social Secun'ty number, (b) the person's present or last known position and business affiliation, and (c) the person's position and business affiliation at the time in question. "Identify" used in reference to any other person means to state (a) the person's full name and present or last known address, (b) type of identity and (c) the names of the individual persons who are or were principals, agents or employees and who have knowledge of relevant facts. 6. "Identify" used in reference to a document means to state (a) the date, (b) the author or addressor, (c) addressee and recipients of all copies, (d) type of documents (for example, recipients of all copies, and (e) its present location or custodian. If any document was, but no longer is in your possession or subject to your control, state what disposition was made of it and the identity of the person you reasonably believe to be the present custodian. Instead of the identification, you may fixmish the document for inspection and copying at the time you serve your responses. 7. "Identify" used in reference to a communication means to state (a) its date, (b) the place where it occurred, (c) the type of communications (for example, telephone conversation, meeting), (d) itssubstance, (e) the identity of the person who made it, (f) the identity of each person who received itand of all other persons who were present. 8. "Anticipation of litigation" shall mean the date on which Plaintiff received wn'tten communication that Defendant was represented by an attorney and anticipated filing a lawsuit in connection with the incident made the basis of this lawsuit. 9. With respect to any documents for which you claim a privilege, identify the document, state the privilege involved, and state the factual and legal basis for the claimed privilege. Identify the document by stating (a) the type of document (letter, memo, and so forth), (b) the identity of the author, (0) the date written or originated, (d) the identity of each person to whom the original or a copy was addressed or delivered, and (e) the identity of every other pers