Preview
FILED
6/21/2022 10:35 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Brandon Keys DEPUTY
CAUSE NO. DC-21-13926
JOSE MORALES, IN THE DISTRICT COURT
Plaintiff,
V. 44th JUDICIAL DISTRICT
JESUS MARTINEZ,
Defendant. DALLAS COUNTY, TEXAS
PLAINTIFF'S FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, JOSE MORALES, Plaintiff, and files Plaintiff's First Amended
Petition, complaining of Defendant, JESUS MARTINEZ, and would show unto the Court
as follows:
I. SELECTION OF DISCOVERY LEVEL
1. This suit is governed by discovery control plan || under Rule 190.3 of the
Texas Rules of Civil Procedure.
II. PARTIES
2. JOSE MORALES, is an individual who resides at 2510 Wanda
Plaintiff,
Drive, Mesquite, Dallas County, TX 75149.
3. Defendant, JESUS MARTINEZ, is an individual who resides at 5238
Fleetwood Oaks Avenue, Apartment 221, Dallas, Dallas County, TX 75235. Defendant
has appeared in this case.
III. JURISDICTION & VENUE
4. The Court has continuing jurisdiction over Defendant, because Defendant
is a Texas resident. The Court has jurisdiction over the subject matter because the
damages are within the statutory jurisdictional limits of the Court.
5. Venue is proper in Dallas County, Texas, because all or a substantial part
of the events giving rise to this cause of action occurred in that county.
PLAINTIFF'S FIRST AMENDED PETITION/266875 Page 1
IV.
6. This lawsuit results from an automobile collision that occurred on or about
December 17, 2020, at Munger Boulevard, in Dallas, Dallas County, Texas. Plaintiff,
Jose Morales, was traveling southbound on Munger Avenue, with Defendant traveling
directly behind. Defendant, Jesus Martinez, failed to be attentive, failed to control his
speed, and he rear ended Plaintiff’s vehicle. As a result of the impact, Plaintiff suffered
bodily injury, personal property damage, and loss of earning capacity.
V. NEGLIGENCE
7. At the time of the accident, Defendant, Jesus Martinez, was operating his
vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and
operate the vehicle reasonably and prudently. Defendant breached this duty in one or
more of the following ways:
a. Failure to maintain a proper lookout;
b. Failure to make such application of the brakes as a person using
ordinary care would have made;
c. Failure to maintain proper control of the vehicle under the
conditions then and there existing;
d. Failure to turn the vehicle to the right or left to avoid the collision;
e. Traveling at an unsafe speed; and
f. Failure to maintain an adequate distance between the vehicle and
the vehicle driven by Plaintiff, Jose Morales.
VI. DAMAGES
8. As a proximate result of the Defendant's negligence, Plaintiff suffered
bodily injury, personal property damage and loss of earning capacity. Plaintiff suffered
the following damages:
a. Physical pain and mental anguish in the past and future;
b Medical expenses in the past and future;
c. Physical impairment;
d Personal property damage; and
e Loss of earning capacity.
PLAINTIFF'S FIRST AMENDED PETITION/266875 Page 2
VII. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, JOSE MORALES,
respectfully requests Defendant, JESUS MARTINEZ, be cited to appear and answer,
and on final trial, that Plaintiff have judgment against Defendant for:
a. Actual damages;
b Prejudgment and post judgment interest as allowed by law;
c. Costs of suit;
d Monetary relief over $250,000 but not more than $1,000,000; and
e Any further relief, either in law or equity, to which Plaintiff is justly
entitled.
Respectfully submitted,
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041
(972) 263-5555
(817) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
/s/ Chelsey Watts
by: Chelsey Watts
State Bar No. 24091712
ATTORNEYS FOR PLAINTIFF
CERTIFICATE 0F SERVICE
In accordance with Rule 21 a of the Texas Rules of Civil Procedure, |
hereby
certify that a copy of the above document has been forwarded to all counsel of record
on this 21St day of June, 2022.
/s/ Chelsey Watts
by: Chelsey Watts
PLAINTIFF'S FIRST AMENDED PETITION/266875 Page 3
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.
Ashley Rodriguez on behalf of Chelsey Watts
Bar No. 24091712
ashley.rodriguez@benabbott.com
Envelope ID: 65618260
Status as of 6/21/2022 2:49 PM CST
Associated Case Party: JESUS MARTINEZ
Name BarNumber Email TimestampSubmitted Status
Christianah Aderemi aderemi@chavezlegalgroup.com 6/21/2022 10:35:10 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
CHELSEY WATTS eservice@benabbott.com 6/21/2022 10:35:10 AM SENT
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FILED 6/21/2022 10:35 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Brandon Keys DEPUTY CAUSE NO. DC-21-13926 JOSE MORALES, IN THE DISTRICT COURT Plaintiff, V. 44th JUDICIAL DISTRICT JESUS MARTINEZ, Defendant. DALLAS COUNTY, TEXAS PLAINTIFF'S FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, JOSE MORALES, Plaintiff, and files Plaintiff's First Amended Petition, complaining of Defendant, JESUS MARTINEZ, and would show unto the Court as follows: I. SELECTION OF DISCOVERY LEVEL 1. This suit is governed by discovery control plan || under Rule 190.3 of the Texas Rules of Civil Procedure. II. PARTIES 2. JOSE MORALES, is an individual who resides at 2510 Wanda Plaintiff, Drive, Mesquite, Dallas County, TX 75149. 3. Defendant, JESUS MARTINEZ, is an individual who resides at 5238 Fleetwood Oaks Avenue, Apartment 221, Dallas, Dallas County, TX 75235. Defendant has appeared in this case. III. JURISDICTION & VENUE 4. The Court has continuing jurisdiction over Defendant, because Defendant is a Texas resident. The Court has jurisdiction over the subject matter because the damages are within the statutory jurisdictional limits of the Court. 5. Venue is proper in Dallas County, Texas, because all or a substantial part of the events giving rise to this cause of action occurred in that county. PLAINTIFF'S FIRST AMENDED PETITION/266875 Page 1 IV. 6. This lawsuit results from an automobile collision that occurred on or about December 17, 2020, at Munger Boulevard, in Dallas, Dallas County, Texas. Plaintiff, Jose Morales, was traveling southbound on Munger Avenue, with Defendant traveling directly behind. Defendant, Jesus Martinez, failed to be attentive, failed to control his speed, and he rear ended Plaintiff’s vehicle. As a result of the impact, Plaintiff suffered bodily injury, personal property damage, and loss of earning capacity. V. NEGLIGENCE 7. At the time of the accident, Defendant, Jesus Martinez, was operating his vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and operate the vehicle reasonably and prudently. Defendant breached this duty in one or more of the following ways: a. Failure to maintain a proper lookout; b. Failure to make such application of the brakes as a person using ordinary care would have made; c. Failure to maintain proper control of the vehicle under the conditions then and there existing; d. Failure to turn the vehicle to the right or left to avoid the collision; e. Traveling at an unsafe speed; and f. Failure to maintain an adequate distance between the vehicle and the vehicle driven by Plaintiff, Jose Morales. VI. DAMAGES 8. As a proximate result of the Defendant's negligence, Plaintiff suffered bodily injury, personal property damage and loss of earning capacity. Plaintiff suffered the following damages: a. Physical pain and mental anguish in the past and future; b Medical expenses in the past and future; c. Physical impairment; d Personal property damage; and e Loss of earning capacity. PLAINTIFF'S FIRST AMENDED PETITION/266875 Page 2 VII. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, JOSE MORALES, respectfully requests Defendant, JESUS MARTINEZ, be cited to appear and answer, and on final trial, that Plaintiff have judgment against Defendant for: a. Actual damages; b Prejudgment and post judgment interest as allowed by law; c. Costs of suit; d Monetary relief over $250,000 but not more than $1,000,000; and e Any further relief, either in law or equity, to which Plaintiff is justly entitled. Respectfully submitted, Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, TX 75041 (972) 263-5555 (817) 263-5555 (972) 682-7586 Facsimile eService@benabbott.com /s/ Chelsey Watts by: Chelsey Watts State Bar No. 24091712 ATTORNEYS FOR PLAINTIFF CERTIFICATE 0F SERVICE In accordance with Rule 21 a of the Texas Rules of Civil Procedure, | hereby certify that a copy of the above document has been forwarded to all counsel of record on this 21St day of June, 2022. /s/ Chelsey Watts by: Chelsey Watts PLAINTIFF'S FIRST AMENDED PETITION/266875 Page 3 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. Ashley Rodriguez on behalf of Chelsey Watts Bar No. 24091712 ashley.rodriguez@benabbott.com Envelope ID: 65618260 Status as of 6/21/2022 2:49 PM CST Associated Case Party: JESUS MARTINEZ Name BarNumber Email TimestampSubmitted Status Christianah Aderemi aderemi@chavezlegalgroup.com 6/21/2022 10:35:10 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status CHELSEY WATTS eservice@benabbott.com 6/21/2022 10:35:10 AM SENT