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FILED
1/30/2023 11:56 AM
FELICIA PITRE
I2CIT - ESERVE BABE/€333, $33?
JURY DEMAND Gwendolyn Thomas DEPUTY
Cause NopC-23-01413
HIWOT MIRACH, Individually and as Next § IN THE DISTRICT COURT OF
Friend of N.S and A.B., minors §
Plaintifflv § 298th
§ JUDICIAL DISTRICT
V. §
§
JULIO ANTONIO VICENTE RODAS § DALLAS COUNTY, TEXAS
Defendant
PLAINTIFFS’ ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Plaintiffs Hiwot Mirach, Individually and as Next Friend of N.S and A.B.,
minors complaining of Defendant Julio Antonio Vicente Rodas and for cause of action shows the
following:
I. DISCOVERY LEVEL AND RULE 47 STATEMENT
1. Plaintiffs seek monetary relief of $250,000 or less, excluding interest, statutory or
punitive damages and penalties, and attorney’s fees and costs. Plaintiffs plead that discovery
should be conducted under Texas Rule of Civil Procedure 190.2 and Level 1 discovery.
II. PARTIES
2. Plaintiff Hiwot Mirach is an individual resident of Dallas County, Texas.
3. Defendant Julio Antonio Vicente Rodas is an individual resident of Dallas County,
Texas. This Defendant may be served with process at 526 Walnut Parkway, Garland, Texas 75042,
or wherever he may be found. Citation is requested.
PLAINTIFFS’ ORIGINAL PETITION
Page 1
HI. JURISDICTION AND VENUE
4. This court has subject matter jurisdiction over this cause of action because the
amount in controversy exceeds the minimum jurisdictional requirement of this Court. Venue is
proper in Dallas County because Defendant and Plaintiff are residents of Dallas County. TEX. CIV.
P. REM. CODE §15.002(4).
IV. FACTS
5. Plaintiffs bring suit to recover damages they sustained as a result of in a motor
vehicle crash. Specifically, on or about December 12, 2021, Plaintiff, Hiwot Mirach was traveling
northbound on Highway 75 in Allen, Texas, when she began slowing for congested traffic. Her
children were also seated and properly restrained in the vehicle. Defendant, Julio Antonio Vicente
Rodas, was also traveling northbound on Highway 75, when he failed to control his speed and
collided into Plaintiff’s vehicle. Plaintiffs were injured as a result of the crash.
V. NEGLIGENCE
6. Defendant was guilty of negligence including, but not limited to, the following acts
and omissions, each of which was a proximate cause of the occurrence in question:
a. Failing to maintain a proper lookout;
b. Failing to control his speed;
c. Failing to properly apply his brakes as a person using ordinary care
would have done;
d. Failing to maintain proper control of his vehicle as a person using
ordinary care would have done under the same or similar circumstances;
e. Failing to operate his vehicle in a safe and lawful manner; and
f. Failing to pay attention while driving.
PLAINTIFFS’ ORIGINAL PETITION
Page 2
VI. DAMAGES
7. Plaintiffs suffered the following legal damages as a result of the conduct of the
Defendant:
a. Medical, hospital, pharmaceutical expenses in the past;
b. Medical, hospital, pharmaceutical expenses that, in reasonable probability, they
will incur in the future;
c. Physical pain and suffering in the past;
d. Physical pain and suffering that, in reasonable probability, they will suffer in
the future;
e. Mental anguish in the past;
f. Mental anguish that, in reasonable probability, they will suffer in the future;
g. Physical impairment in the past;
h. Physical impairment that, in reasonable probability, they will suffer in the
future; and
i. A11 other special items of damage necessarily incurred as a result of Defendant’s
conduct.
VII. COURT COSTS, PRE-JUDGNIENT
AND POST-JUDGMENT INTEREST
8. Plaintiffs are entitled to recover court costs, pre-judgment and post-judgment interest
at the legal rate as provided by law.
VIII. JURY TRIAL
9. Plaintiffs demand a trial by jury.
IX. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be cited in
terms of law to appear and answer herein, that upon final trial and hearing hereof, that Plaintiffs
PLAINTIFFS’ ORIGINAL PETITION
Page 3
recover damages in accordance with the evidence, that Plaintiffs recover costs of court herein
expended, that Plaintiffs recover interest to which Plaintiffs are justly entitled under the law, and
for such other further relief, both general and special, both in law and in equity, to which Plaintiffs
may be justly entitled.
Respectfully submitted,
By:
NEJAT AHMED
Texas State Bar No. 24034304
nejat@lalawtx.com
JENNIFER B. LeMASTER
Texas State Bar No. 24041063
jennifer@lalawtx.com
LEMASTER & AHMED PLLC
5700 Tennyson Parkway, Suite 310A
Plano, Texas 75024
Telephone: 972.666.7219
Facsimile: 972.483.0413
ATTORNEYS FOR PLAINTIFFS
HIWOT MIRACH, Individually and as
Next Friend of N.S and A.B., minors
PLAINTIFFS’ ORIGINAL PETITION
Page 4
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Nejat Ahmed on behalf of Nejat Abubeker Ahmed
Bar No. 24034304
nejat@lalawtx.com
Envelope ID: 72263651
Status as of 1/31/2023 12:11 PM CST
Associated Case Party: HIWOT MIRACH
Name BarNumber Email TimestampSubmitted Status
Tisha Orchosky tisha@lalawtx.com 1/30/2023 11:56:17 AM SENT
Jennifer LeMaster jennifer@lalawtx.com 1/30/2023 11:56:17 AM SENT
Debbie Johnson debbie@lalawtx.com 1/30/2023 11:56:17 AM SENT
Nejat Ahmed nejat@lalawtx.com 1/30/2023 1 1:56:17 AM SENT
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FILED 1/30/2023 11:56 AM FELICIA PITRE I2CIT - ESERVE BABE/€333, $33? JURY DEMAND Gwendolyn Thomas DEPUTY Cause NopC-23-01413 HIWOT MIRACH, Individually and as Next § IN THE DISTRICT COURT OF Friend of N.S and A.B., minors § Plaintifflv § 298th § JUDICIAL DISTRICT V. § § JULIO ANTONIO VICENTE RODAS § DALLAS COUNTY, TEXAS Defendant PLAINTIFFS’ ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiffs Hiwot Mirach, Individually and as Next Friend of N.S and A.B., minors complaining of Defendant Julio Antonio Vicente Rodas and for cause of action shows the following: I. DISCOVERY LEVEL AND RULE 47 STATEMENT 1. Plaintiffs seek monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney’s fees and costs. Plaintiffs plead that discovery should be conducted under Texas Rule of Civil Procedure 190.2 and Level 1 discovery. II. PARTIES 2. Plaintiff Hiwot Mirach is an individual resident of Dallas County, Texas. 3. Defendant Julio Antonio Vicente Rodas is an individual resident of Dallas County, Texas. This Defendant may be served with process at 526 Walnut Parkway, Garland, Texas 75042, or wherever he may be found. Citation is requested. PLAINTIFFS’ ORIGINAL PETITION Page 1 HI. JURISDICTION AND VENUE 4. This court has subject matter jurisdiction over this cause of action because the amount in controversy exceeds the minimum jurisdictional requirement of this Court. Venue is proper in Dallas County because Defendant and Plaintiff are residents of Dallas County. TEX. CIV. P. REM. CODE §15.002(4). IV. FACTS 5. Plaintiffs bring suit to recover damages they sustained as a result of in a motor vehicle crash. Specifically, on or about December 12, 2021, Plaintiff, Hiwot Mirach was traveling northbound on Highway 75 in Allen, Texas, when she began slowing for congested traffic. Her children were also seated and properly restrained in the vehicle. Defendant, Julio Antonio Vicente Rodas, was also traveling northbound on Highway 75, when he failed to control his speed and collided into Plaintiff’s vehicle. Plaintiffs were injured as a result of the crash. V. NEGLIGENCE 6. Defendant was guilty of negligence including, but not limited to, the following acts and omissions, each of which was a proximate cause of the occurrence in question: a. Failing to maintain a proper lookout; b. Failing to control his speed; c. Failing to properly apply his brakes as a person using ordinary care would have done; d. Failing to maintain proper control of his vehicle as a person using ordinary care would have done under the same or similar circumstances; e. Failing to operate his vehicle in a safe and lawful manner; and f. Failing to pay attention while driving. PLAINTIFFS’ ORIGINAL PETITION Page 2 VI. DAMAGES 7. Plaintiffs suffered the following legal damages as a result of the conduct of the Defendant: a. Medical, hospital, pharmaceutical expenses in the past; b. Medical, hospital, pharmaceutical expenses that, in reasonable probability, they will incur in the future; c. Physical pain and suffering in the past; d. Physical pain and suffering that, in reasonable probability, they will suffer in the future; e. Mental anguish in the past; f. Mental anguish that, in reasonable probability, they will suffer in the future; g. Physical impairment in the past; h. Physical impairment that, in reasonable probability, they will suffer in the future; and i. A11 other special items of damage necessarily incurred as a result of Defendant’s conduct. VII. COURT COSTS, PRE-JUDGNIENT AND POST-JUDGMENT INTEREST 8. Plaintiffs are entitled to recover court costs, pre-judgment and post-judgment interest at the legal rate as provided by law. VIII. JURY TRIAL 9. Plaintiffs demand a trial by jury. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be cited in terms of law to appear and answer herein, that upon final trial and hearing hereof, that Plaintiffs PLAINTIFFS’ ORIGINAL PETITION Page 3 recover damages in accordance with the evidence, that Plaintiffs recover costs of court herein expended, that Plaintiffs recover interest to which Plaintiffs are justly entitled under the law, and for such other further relief, both general and special, both in law and in equity, to which Plaintiffs may be justly entitled. Respectfully submitted, By: NEJAT AHMED Texas State Bar No. 24034304 nejat@lalawtx.com JENNIFER B. LeMASTER Texas State Bar No. 24041063 jennifer@lalawtx.com LEMASTER & AHMED PLLC 5700 Tennyson Parkway, Suite 310A Plano, Texas 75024 Telephone: 972.666.7219 Facsimile: 972.483.0413 ATTORNEYS FOR PLAINTIFFS HIWOT MIRACH, Individually and as Next Friend of N.S and A.B., minors PLAINTIFFS’ ORIGINAL PETITION Page 4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Nejat Ahmed on behalf of Nejat Abubeker Ahmed Bar No. 24034304 nejat@lalawtx.com Envelope ID: 72263651 Status as of 1/31/2023 12:11 PM CST Associated Case Party: HIWOT MIRACH Name BarNumber Email TimestampSubmitted Status Tisha Orchosky tisha@lalawtx.com 1/30/2023 11:56:17 AM SENT Jennifer LeMaster jennifer@lalawtx.com 1/30/2023 11:56:17 AM SENT Debbie Johnson debbie@lalawtx.com 1/30/2023 11:56:17 AM SENT Nejat Ahmed nejat@lalawtx.com 1/30/2023 1 1:56:17 AM SENT