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FILED
2 CIT ESERVE p .
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11/32/5325 £3.ng
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DISTRICT CLERK
DALLAS 00., TEXAS
»
Shunta Jackson DEPUTY
DC-22-16409'
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CAUSE NO. ‘
ANTONY BECERRA—MONTES, -
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IN THE DISTRICT COURT
Plaintiff; _
192nd
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V
vs. JUDICIAL DISTRICT.
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ANGEL CHAVEZ AND JOSE M. .
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DALLAS COUNTY, TEXAS
CHAVEZ,
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Defendants.
PLAINTIFF’S. ORIGINAL
PETITION
V
TO THE
HONORABLE JUDGE 0F SAID COURT:
COMES the above captioned Plaintiff complaining of and against the
NOW, above
captioned Defendants, and for cause of action would respectfully show the Court as follows:
0
DISCOVERY CONTROL PLAN
_1. Plaintiff intends that discovery be conducted under Level 2 as provided by TEX. R.
CIV. P. 190, and affirmatively pleads that this suit is N'OT‘governed by the expedited-action
process
inTexas Rule of Civil Procedure 169 because Plaintiff seeks monetary relief over $250,000. '
CLAIM FOR RELIEF
I
2. Plaintiff prefers to have the.judge or jury determine the fair amount of compensation
for Plaintiff s‘ damages, and Plaintiff places the decision regarding the amount of
compensation to
be awarded in the judge or jury’s hands.'However, Rule 47 of the Texas Rules of Civil Procedure
requires Plaintiff to provide a statement regarding the amount monetary relief sought.
of
Accordingly, Plaintiff states that relief over $250,000 but not more than $1,000,000, in amount to
be determined by the judge or jury, is being sought.
Plaintiff’s Original Petition .
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Page 1
PARTIES
1
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3. Plaintiff: Antony Becerra-Montes is an individual residing in Sachse, Texas, whose
Taxpayer Identification Number ends in 486.
Defendant: Angel Chavez is an individual
who may be served with citation at 1320
4-.
W. Boyce Avenue, Fort Worth, Texas 761 15, or wherever said Defendant may be found within the
State of Texas. Issuance of citation is requested at this time.
'5. .
Defendant: Jose M. Chavez is an individual who may be served with citation at 1320
W. Boyce Avenue, Fort Worth, Texas 761 15, or wherever said Defendant may be found within the
of Texas. Issuance of citation is
State reguestedat this time.
6. In the event any parties are mi snamed or included in this pleading, it is Plaintiff" s
not
contention that such was a “misnomer” and/or are/were “alter egos” ofthe parties named
such parties
in this pleading.
.-
JURISDICTION & VENUE
7. This Court has jurisdiction over the subj ect of this lawsuit because the amount
matter .
in controversy is within the jurisdictional limits of this Court. This court has personal jurisdiction
over the Defendants because they are residents of the State of Texas.
8. ,
Pursuant to TEX. CIV. PRAC. &REM CODE§ 15 001 et. seq., venue is
proper
inDallas
County, Texas because the cause of action occurred'in whole or in part in said and/or said
county
county is a Defendant’ s. county of residence and/or said county is the county of a Defendant’s
principal office in this state.
Plaintiff’s Original Petition '
Page 2
FACTUAL BASIS SUPPORTING CLAIMS FOR RELIEF
9. On or about December 29, 2021, Plaintiff was traveling Northbound on Inkrstate
Highway 535, Mesquite, Dallas County, Texas. Plaintiff came to due to traffic when
a stop ahead
the Defendant, Angel Chavez, failed to control speed and failed to keep a proper lookout
causing a
collision the end of the Plaintiff’s vehicle. At the time of the collision, Defendant, Angel
with rear
Chavez, was operating a vehicle owned by Defendant, Jose M. Chavez. Plaintiff suffered serious and
disabling personal injuries as a result of this
incident. _
NEGLIGENCE 0F DEFENDANT, ANGEL CHAVEZ
10. Defendant, Chavez, had a legal duty to exercise care; that is,
Angel ordinary
Defendant had aduty to exercise that degree of care that would be used by a person of ordinary
I
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prudence under the same orsimilar circumstances.
11.
.
On the occasion in question, the Defendant, Angel Chavez, negligently, carelessly,
and recklessly
disregarded
and breached of that legal duty to exercise ordinary care, in one or
more
or all of the following acts of
I
negligence:
(1) Fa111ng to identify, predict, decide and execute evasive maneuvers so
as to avoid collision; appropriately
(2) Failing to keep a proper lookout as a person using ordinary care would have done;
(3) Failing to maintain an assured clear distance between the vehicles. so that,
of
'
considering the speed the vehicles, traffic, and the conditions of the roadway,
Defendant can safely. stop without colliding with another ”vehicle, object, or person
on or near the roadway, in violation of TEX. TRANS. CODE § 545.062;
(4) Operating a motor vehicle at'a speed greater than is reasonable and prudent under the
conditions and having regard for actual and potential hazards then existing, in
violation of TEX TRANS CODE § 545. 351(b)(l);_
._
(5) Failing to control the speed of Defendant’s vehicle as necessary to avoid colliding
with another person or vehicle that is on or entering the roadway, in violation of TEX.
i
Plaintiff’s Original Petition -
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Page 3
TRANS; CODE § 545.351(b)(2);
(6) Failingto make timely and effective application of the brakes as a person using
ordinary care would have done; and
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(7) Operating a motor vehicle1n a wilful or wanton disregard for the safety of Plaintiff
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in of TEX. TRANS. CODE § 545.401.
violation
12. Each of the abOve acts and omissions,
singularly or in combination with each other,
was the proximate cause of the collision made the basis
ofthislawSuit, resulting in personal injuries
sustained by Plaintiff.
NEGLIGENT ENTRUSTMENT BY DEFENDANT, JOSE M. CHAVEZ
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13. Defendant, Jose M. Chavez, had a duty to exercise ordinary careso as to avoid harm
‘
to Others under circumstances similar tothose described in this pleading.
14. The negligent, careless and of duty of said Defendant consisted
reckless disregard
I
of, but is not limited to, the following acts omissions:
and.
(1)
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Said Defendant negligently entrusted a motor vehicle to a reckless driver; and/or
(2) Said Defendant negligently entrusted a motor vehicle to a person know to be unsafe,
unlicensed, and/or an incompetent/inept driver.
RESPONDEAT SUPERIOR
15 .I At the time of the occurrence in question and immediately prior thereto, Defendant,
Angel Chavez, was acting within the course and scope of said Defendant’s employment/ agency with
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Defendant, Jose M. Chavez.
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16. Plaintiff alleges that Defendant, Jose M. Chavez, is vicariously liable for the acts of
Defendant,- Angel Chavez, under the theory of Respondeat Superibr.
Plaintiff’s Original Petition .
Page 4
PRINCIPAL/AGENT RELATIONSHIP OF DEFENDANTS
17..
At the time of the motor vehicle incident at issue, Defendant, Angel Chavez, was
acting within the course and scope of an'agency. Defendant, Angel Chavez, was acting as agent for
Defendant, Jose M.- Chavez.
18. As such, Defendant, Jose M. Chavez, is vicariously liable for the acts of Defendant,
Angel Chavez, which caused damages to Plaintiff. See, American National Insurance v. Denke, 95
S.W.2d 370, 373 (Tex. 1936).
I
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JOINT ENTERPRISE-BETWEEN DEFENDANTS
l9. Defendants, Angel Chavez and Jose M.
Chavez, were engaged in a joint enterprise,
20. At the time of the motor vehicle incident made the basis of this lawsuit, Defendant,
Angel Chavez, was acting within the course and scope of such joint enterprise.
I
21. Defendant, Angel Chavez, was acting in the fithherance of such
Further, V
joint
enterprise at the time of the motor vehicle incident at issue.
1
22.
Defendant, Angel Chavez, was engaged in accomplishing a task within the scope of
the joint enterprise at the time of the motor vehicle incident at issue.
23. Defendants, Angel Chavez and Jose M. Chavez, are jointly and severally liable for
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the damages to Plaintiff.
DAMAGES FOR PLAINTIFF
24. As a
direct and proximate result of the cellisio‘n caused by Defendants, Plaintiff,
Antony Becerra-Montes, suffered serious and disabling personal injuries.
25.
Plaintiff,- Antony Becerra-Montes, has incurred the following damages:
(1) Reasonable medical care and expenses in the past. These expenses were incurred by
Plaintiff for the necessary care and treatment of the injuries resulting from the
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Plaintiff’s Original Petition _
Page 5'
incident made the basis of this lawsuit and such charges are reasonable and were
usual and customary charges for such services;
(2) Reasonable and necessary medical expenses in fiiture;
the
(3) Physical pain, suffering, and mental anguish in the past and future;
(4) Physical impairment in the past and future;
(5) Lost wages in the past;
(6) Loss of earning capacity which will, in a probability, be incurred 1n the fixture;
(7) Damage to the personal property of Plaintiff;
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(8) Loss of use; and _
(9) Disfigurement in the past and future.
REQUIRED DISCLOSURES
26. Pursuant to Texas Rule of Civil Procedure] 94, each named in this pleading
Defendant
is required to disclose, within 30 days of filing its Answer, the information and material described
V
in Rule 194.
NOTICE 0F INTENT T0 UTILIZE ITEMS PRODUCED BY DEFENDANT
27; Plaintiff hereby gives notice of intent to utilize any and all items produced in
discovery in the trial ofthis matter, therefore the authenticity of such items is self-proved as provided
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byTEX R. CIV. P. 193.7.
DESIGNATION OF E- SERVICE ADDRESS
28. The following is the undersigned attorney’s designated e—service email for
'
address
_
all e-served documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21 (t)(2) and 21a:
lit-efilegqDattorneykohm.com
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PlaintifPs Original Petition x
Page 6
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29. This is the
undersigned attorney’ s only e—service email address, and service through
any other e-mail address should be considered invalid.
I
p
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PRAYE-R-
WHEREFORE, PREMISES. CONSIDERED, Plaintiff respectfully requeSts that
Defendants be cited to appear and answer, and that on final trial, Plaintiff be awarded
judgment
against Defendants for the following:
1) All damages, both general and special, as alleged1n this pleading, within the
jurisdictional limits of this court;
2) Prejudgment and post judgment interest at the highest rate allowed by law;
3) Costs of court; and
4) 'Such other and further relief to which Plaintiff may be entitled at law or in
equity. .
Respectfully submitted,
By: '
David S. Kohin
State Bar No. 11658563
DAVID S. KOHM & ASSOCIATES '
1414 W. Randol Mill Road, Suite 118
Arlington, Texas 76012
Tel: (817) 226-8100 Fax: (817) 200-0111
Email: lit-efile@attorneykohm.com
ATTORNEYS FOR'PLAINTIFF
Plaintiff’s Original Petition Page 7
Preview
I FILED 2 CIT ESERVE p . . _ 11/32/5325 £3.ng ' DISTRICT CLERK DALLAS 00., TEXAS » Shunta Jackson DEPUTY DC-22-16409' . ' . CAUSE NO. ‘ ANTONY BECERRA—MONTES, - - IN THE DISTRICT COURT Plaintiff; _ 192nd ' V vs. JUDICIAL DISTRICT. ' . ANGEL CHAVEZ AND JOSE M. . ' DALLAS COUNTY, TEXAS CHAVEZ, ' . . _ _ Defendants. PLAINTIFF’S. ORIGINAL PETITION V TO THE HONORABLE JUDGE 0F SAID COURT: COMES the above captioned Plaintiff complaining of and against the NOW, above captioned Defendants, and for cause of action would respectfully show the Court as follows: 0 DISCOVERY CONTROL PLAN _1. Plaintiff intends that discovery be conducted under Level 2 as provided by TEX. R. CIV. P. 190, and affirmatively pleads that this suit is N'OT‘governed by the expedited-action process inTexas Rule of Civil Procedure 169 because Plaintiff seeks monetary relief over $250,000. ' CLAIM FOR RELIEF I 2. Plaintiff prefers to have the.judge or jury determine the fair amount of compensation for Plaintiff s‘ damages, and Plaintiff places the decision regarding the amount of compensation to be awarded in the judge or jury’s hands.'However, Rule 47 of the Texas Rules of Civil Procedure requires Plaintiff to provide a statement regarding the amount monetary relief sought. of Accordingly, Plaintiff states that relief over $250,000 but not more than $1,000,000, in amount to be determined by the judge or jury, is being sought. Plaintiff’s Original Petition . “ ‘ I . Page 1 PARTIES 1 ’ 3. Plaintiff: Antony Becerra-Montes is an individual residing in Sachse, Texas, whose Taxpayer Identification Number ends in 486. Defendant: Angel Chavez is an individual who may be served with citation at 1320 4-. W. Boyce Avenue, Fort Worth, Texas 761 15, or wherever said Defendant may be found within the State of Texas. Issuance of citation is requested at this time. '5. . Defendant: Jose M. Chavez is an individual who may be served with citation at 1320 W. Boyce Avenue, Fort Worth, Texas 761 15, or wherever said Defendant may be found within the of Texas. Issuance of citation is State reguestedat this time. 6. In the event any parties are mi snamed or included in this pleading, it is Plaintiff" s not contention that such was a “misnomer” and/or are/were “alter egos” ofthe parties named such parties in this pleading. .- JURISDICTION & VENUE 7. This Court has jurisdiction over the subj ect of this lawsuit because the amount matter . in controversy is within the jurisdictional limits of this Court. This court has personal jurisdiction over the Defendants because they are residents of the State of Texas. 8. , Pursuant to TEX. CIV. PRAC. &REM CODE§ 15 001 et. seq., venue is proper inDallas County, Texas because the cause of action occurred'in whole or in part in said and/or said county county is a Defendant’ s. county of residence and/or said county is the county of a Defendant’s principal office in this state. Plaintiff’s Original Petition ' Page 2 FACTUAL BASIS SUPPORTING CLAIMS FOR RELIEF 9. On or about December 29, 2021, Plaintiff was traveling Northbound on Inkrstate Highway 535, Mesquite, Dallas County, Texas. Plaintiff came to due to traffic when a stop ahead the Defendant, Angel Chavez, failed to control speed and failed to keep a proper lookout causing a collision the end of the Plaintiff’s vehicle. At the time of the collision, Defendant, Angel with rear Chavez, was operating a vehicle owned by Defendant, Jose M. Chavez. Plaintiff suffered serious and disabling personal injuries as a result of this incident. _ NEGLIGENCE 0F DEFENDANT, ANGEL CHAVEZ 10. Defendant, Chavez, had a legal duty to exercise care; that is, Angel ordinary Defendant had aduty to exercise that degree of care that would be used by a person of ordinary I ‘ prudence under the same orsimilar circumstances. 11. . On the occasion in question, the Defendant, Angel Chavez, negligently, carelessly, and recklessly disregarded and breached of that legal duty to exercise ordinary care, in one or more or all of the following acts of I negligence: (1) Fa111ng to identify, predict, decide and execute evasive maneuvers so as to avoid collision; appropriately (2) Failing to keep a proper lookout as a person using ordinary care would have done; (3) Failing to maintain an assured clear distance between the vehicles. so that, of ' considering the speed the vehicles, traffic, and the conditions of the roadway, Defendant can safely. stop without colliding with another ”vehicle, object, or person on or near the roadway, in violation of TEX. TRANS. CODE § 545.062; (4) Operating a motor vehicle at'a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing, in violation of TEX TRANS CODE § 545. 351(b)(l);_ ._ (5) Failing to control the speed of Defendant’s vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the roadway, in violation of TEX. i Plaintiff’s Original Petition - - Page 3 TRANS; CODE § 545.351(b)(2); (6) Failingto make timely and effective application of the brakes as a person using ordinary care would have done; and ‘ (7) Operating a motor vehicle1n a wilful or wanton disregard for the safety of Plaintiff - in of TEX. TRANS. CODE § 545.401. violation 12. Each of the abOve acts and omissions, singularly or in combination with each other, was the proximate cause of the collision made the basis ofthislawSuit, resulting in personal injuries sustained by Plaintiff. NEGLIGENT ENTRUSTMENT BY DEFENDANT, JOSE M. CHAVEZ ’ 13. Defendant, Jose M. Chavez, had a duty to exercise ordinary careso as to avoid harm ‘ to Others under circumstances similar tothose described in this pleading. 14. The negligent, careless and of duty of said Defendant consisted reckless disregard I of, but is not limited to, the following acts omissions: and. (1) - Said Defendant negligently entrusted a motor vehicle to a reckless driver; and/or (2) Said Defendant negligently entrusted a motor vehicle to a person know to be unsafe, unlicensed, and/or an incompetent/inept driver. RESPONDEAT SUPERIOR 15 .I At the time of the occurrence in question and immediately prior thereto, Defendant, Angel Chavez, was acting within the course and scope of said Defendant’s employment/ agency with ‘ Defendant, Jose M. Chavez. I 16. Plaintiff alleges that Defendant, Jose M. Chavez, is vicariously liable for the acts of Defendant,- Angel Chavez, under the theory of Respondeat Superibr. Plaintiff’s Original Petition . Page 4 PRINCIPAL/AGENT RELATIONSHIP OF DEFENDANTS 17.. At the time of the motor vehicle incident at issue, Defendant, Angel Chavez, was acting within the course and scope of an'agency. Defendant, Angel Chavez, was acting as agent for Defendant, Jose M.- Chavez. 18. As such, Defendant, Jose M. Chavez, is vicariously liable for the acts of Defendant, Angel Chavez, which caused damages to Plaintiff. See, American National Insurance v. Denke, 95 S.W.2d 370, 373 (Tex. 1936). I j JOINT ENTERPRISE-BETWEEN DEFENDANTS l9. Defendants, Angel Chavez and Jose M. Chavez, were engaged in a joint enterprise, 20. At the time of the motor vehicle incident made the basis of this lawsuit, Defendant, Angel Chavez, was acting within the course and scope of such joint enterprise. I 21. Defendant, Angel Chavez, was acting in the fithherance of such Further, V joint enterprise at the time of the motor vehicle incident at issue. 1 22. Defendant, Angel Chavez, was engaged in accomplishing a task within the scope of the joint enterprise at the time of the motor vehicle incident at issue. 23. Defendants, Angel Chavez and Jose M. Chavez, are jointly and severally liable for ' the damages to Plaintiff. DAMAGES FOR PLAINTIFF 24. As a direct and proximate result of the cellisio‘n caused by Defendants, Plaintiff, Antony Becerra-Montes, suffered serious and disabling personal injuries. 25. Plaintiff,- Antony Becerra-Montes, has incurred the following damages: (1) Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiff for the necessary care and treatment of the injuries resulting from the - Plaintiff’s Original Petition _ Page 5' incident made the basis of this lawsuit and such charges are reasonable and were usual and customary charges for such services; (2) Reasonable and necessary medical expenses in fiiture; the (3) Physical pain, suffering, and mental anguish in the past and future; (4) Physical impairment in the past and future; (5) Lost wages in the past; (6) Loss of earning capacity which will, in a probability, be incurred 1n the fixture; (7) Damage to the personal property of Plaintiff; I (8) Loss of use; and _ (9) Disfigurement in the past and future. REQUIRED DISCLOSURES 26. Pursuant to Texas Rule of Civil Procedure] 94, each named in this pleading Defendant is required to disclose, within 30 days of filing its Answer, the information and material described V in Rule 194. NOTICE 0F INTENT T0 UTILIZE ITEMS PRODUCED BY DEFENDANT 27; Plaintiff hereby gives notice of intent to utilize any and all items produced in discovery in the trial ofthis matter, therefore the authenticity of such items is self-proved as provided - byTEX R. CIV. P. 193.7. DESIGNATION OF E- SERVICE ADDRESS 28. The following is the undersigned attorney’s designated e—service email for ' address _ all e-served documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21 (t)(2) and 21a: lit-efilegqDattorneykohm.com ' PlaintifPs Original Petition x Page 6 - - , 29. This is the undersigned attorney’ s only e—service email address, and service through any other e-mail address should be considered invalid. I p ‘ PRAYE-R- WHEREFORE, PREMISES. CONSIDERED, Plaintiff respectfully requeSts that Defendants be cited to appear and answer, and that on final trial, Plaintiff be awarded judgment against Defendants for the following: 1) All damages, both general and special, as alleged1n this pleading, within the jurisdictional limits of this court; 2) Prejudgment and post judgment interest at the highest rate allowed by law; 3) Costs of court; and 4) 'Such other and further relief to which Plaintiff may be entitled at law or in equity. . Respectfully submitted, By: ' David S. Kohin State Bar No. 11658563 DAVID S. KOHM & ASSOCIATES ' 1414 W. Randol Mill Road, Suite 118 Arlington, Texas 76012 Tel: (817) 226-8100 Fax: (817) 200-0111 Email: lit-efile@attorneykohm.com ATTORNEYS FOR'PLAINTIFF Plaintiff’s Original Petition Page 7