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FILED
12/16/2022 5:27 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Terri Kilgore DEPUTY
CAUSE NO. DC—2 1-04276
ALFREDO MARTINEZ, § 1N THE DISTRICT COURT
Plaintiff, §
§
v. § 134th JUDICIAL DISTRICT
§
JOSHUA FARMER, §
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF'S FIR_ST AMENDED ORIGINAL PETITION. DEMAND FOR JURY TRIAL.
AND RULE 193.7 NOTICE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, ALFREDO MARTINEZ, hereinafter “Plaintiff”, complaining of and about
JOSHUA FARMER, hereinafter “Defendant”, and for cause of action would respectfully Show the
Court the following:
DISCOVERY CONTROL PLAN LEVEL
1. Plaintiff intends that discovery be conducted under Discovery Level 3.
PARTIES AND SERVICE
2. Plaintiff, ALFREDO MARTINEZ, is an individual and resident of the State of Texas
whose address for service is 9330 LBJ Freeway, Suite 120, Dallas, Texas 75243. The last three digits
of Plaintiff” s social security number are 865.
3. Defendant, JOSHUA FARMER, is an individual who has appeared and may served by
serving his counsel of record..
JURISDICTION AND VENUE
4. The subject matter in controversy is within the jurisdictional limits of this court. Venue
in DALLAS County is proper in this cause under Section 15 .002(a)(1) of the Texas Civil Practice and
Remedies Code because all or a substantial part of the events or omissions giving rise to this lawsuit
P’s Original Petition, Jury Demand, and Rule 193.7 Notice Page 1 of 4
occurred in this county. In accordance with Rule 47 of the Texas Rules of Civil Procedure, Plaintiff
seeks monetary relief less than $250,000.00.
FACTS
5. On or about April 5, 2019, Plaintiff was driving in Dallas, Texas, when another vehicle,
driven by Defendant, crashed into Plaintiff‘s vehicle. As a result of the collision, Plaintiff sustained
bodily injuries and damages. Due to Defendant’s careless driving and lack of regard for the traffic
laws, Plaintiff was forced to suffer damages claimed herein.
NEGLIGENCE
6. Defendant had a duty to exercise the degree of care that a reasonably careful person
would use to avoid harm to others under circumstances similar to those described herein.
7. Plaintiffs injuries were proximately caused by Defendant’s negligent, careless and
reckless disregard of said duty.
8. The negligent, careless and reckless disregard of duty of Defendant consisted of, but is
not limited to, the following acts and omissions:
A. In that Defendant failed to yield and failed to keep a proper lookout for
Plaintiffs safety that would have been maintained by a person of ordinary
prudence under the same or similar circumstances;
B. In that Defendant failed to turn their motor vehicle in an effort to avoid the
collision complained of;
C. In that Defendant failed to keep such distance away from Plaintiff’ s motor
vehicle as a person using ordinary prudent care would have done;
D. In that Defendant was operating their motor vehicle at a rate of speed which
was greater than that would have been operated by a person of ordinary
prudence under the same or similar circumstances; and
E. In that Defendant failed to apply their brakes to their motor vehicle in a timely
and prudent manner and/or wholly failed to apply their brakes in order to avoid
the collision in question.
P’s Original Petition, Jury Demand, and Rule 193.7 Notice Page 2 of 4
DAMAGES
9 As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiff sustained bodily injuries and incurred the following damages:
A. Reasonable medical care and expenses in the past, which were incurred by
Plaintiff for the necessary care and treatment of the injuries resulting from the
accident complained of herein and such charges are reasonable and were usual
and customary charges for such services in DALLAS County, Texas;
Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
Physical pain and suffering in the past;
Physical pain and suffering in the future;
Mental anguish in the past;
Mental anguish in the future; and
Property damages.
DEMAND FOR JURY TRIAL
10. Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiff hereby demands
a trial by jury and tenders the jury fee herewith.
RULE 193.7 NOTICE TO DEFENDANT
11. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends to use
against Defendant in any legal pretrial proceeding or at trial all documents produced to Plaintiff in
response to written discovery. This notice is given to Defendant within ten (10) days after Defendant
has actual notice that all documents produced by Defendant to Plaintiff in this lawsuit will be offered
at trial, thereby satisfying the requirement of authentication or identification as a condition precedent
to admissibility pursuant to the Rule 901(a) of the Texas Rules of Evidence.
P’s Original Petition, Jury Demand, and Rule 193.7 Notice Page 3 of 4
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant be
cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for
Plaintiff against Defendant for damages in an amount Within the jurisdictional limits of the Court;
together with pre-judgment interest (from the date of injury through the date of judgment) at the
maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other
and further relief to which Plaintiff may be entitled at law or in equity.
Respectfully submitted,
ALMASRI & MARZWANIAN LAW GROUP PLLC
By: /s/ Hazim Mandavia
Sam Almasri
Texas Bar No. 24053071
Email: sam@theamlawgroup.com
Hazim Mandavia
Texas Bar No. 24096984
Email: hazim@theamlawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been served on all counsel of record in accordance
with the Texas Rules of Civil Procedure on this 16th day of December, 2022
/s/ Hazim Mandavia
Hazim Mandavia
P’s Original Petition, Jury Demand, and Rule 193.7 Notice Page 4 of 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.
Nida Rafi on behalf of Sam Almasri
Bar No. 24053071
lauren@amslawgrp.com
Envelope ID: 71108472
Status as of 12/19/2022 9:50 AM CST
Associated Case Party: ALFREDO MARTINEZ
Name BarNumber Email TimestampSubmitted Status
Sam Almasri sam@amslawgrp.com 12/16/2022 5:27:56 PM SENT
Lauren Shipp lauren@amslawgrp.com 12/16/2022 5:27:56 PM SENT
Hazim Mandavia hazim@amslawgrp.com 12/16/2022 5:27:56 PM SENT
Carolina Alzate carolina@amslawgrp.com 12/16/2022 5:27:56 PM SENT
Hashem Saad Hashem@amslawgrp.com 12/16/2022 5:27:56 PM SENT
Manuela Morales manuela@amslawgrp.com 12/16/2022 5:27:56 PM SENT
Valeria Carmona valeria@amslawgrp.com 12/16/2022 5:27:56 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Francine Ly fly@dallascourts.org 12/16/2022 5:27:56 PM SENT
Associated Case Party: JOSHUA FARMER
Name BarNumber Email TimestampSubmitted Status
Robyn Cruze rcruze@mklawpc.com 12/16/2022 5:27:56 PM SENT
Karen Morgan kmorgan@mklawpc.com 12/16/2022 5:27:56 PM SENT
Daniel Alvarado dalvarado@mklawpc.com 12/16/2022 5:27:56 PM SENT
Michael Miller mmiller@mklawpc.com 12/16/2022 5:27:56 PM ERROR
Preview
FILED 12/16/2022 5:27 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Terri Kilgore DEPUTY CAUSE NO. DC—2 1-04276 ALFREDO MARTINEZ, § 1N THE DISTRICT COURT Plaintiff, § § v. § 134th JUDICIAL DISTRICT § JOSHUA FARMER, § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF'S FIR_ST AMENDED ORIGINAL PETITION. DEMAND FOR JURY TRIAL. AND RULE 193.7 NOTICE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ALFREDO MARTINEZ, hereinafter “Plaintiff”, complaining of and about JOSHUA FARMER, hereinafter “Defendant”, and for cause of action would respectfully Show the Court the following: DISCOVERY CONTROL PLAN LEVEL 1. Plaintiff intends that discovery be conducted under Discovery Level 3. PARTIES AND SERVICE 2. Plaintiff, ALFREDO MARTINEZ, is an individual and resident of the State of Texas whose address for service is 9330 LBJ Freeway, Suite 120, Dallas, Texas 75243. The last three digits of Plaintiff” s social security number are 865. 3. Defendant, JOSHUA FARMER, is an individual who has appeared and may served by serving his counsel of record.. JURISDICTION AND VENUE 4. The subject matter in controversy is within the jurisdictional limits of this court. Venue in DALLAS County is proper in this cause under Section 15 .002(a)(1) of the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions giving rise to this lawsuit P’s Original Petition, Jury Demand, and Rule 193.7 Notice Page 1 of 4 occurred in this county. In accordance with Rule 47 of the Texas Rules of Civil Procedure, Plaintiff seeks monetary relief less than $250,000.00. FACTS 5. On or about April 5, 2019, Plaintiff was driving in Dallas, Texas, when another vehicle, driven by Defendant, crashed into Plaintiff‘s vehicle. As a result of the collision, Plaintiff sustained bodily injuries and damages. Due to Defendant’s careless driving and lack of regard for the traffic laws, Plaintiff was forced to suffer damages claimed herein. NEGLIGENCE 6. Defendant had a duty to exercise the degree of care that a reasonably careful person would use to avoid harm to others under circumstances similar to those described herein. 7. Plaintiffs injuries were proximately caused by Defendant’s negligent, careless and reckless disregard of said duty. 8. The negligent, careless and reckless disregard of duty of Defendant consisted of, but is not limited to, the following acts and omissions: A. In that Defendant failed to yield and failed to keep a proper lookout for Plaintiffs safety that would have been maintained by a person of ordinary prudence under the same or similar circumstances; B. In that Defendant failed to turn their motor vehicle in an effort to avoid the collision complained of; C. In that Defendant failed to keep such distance away from Plaintiff’ s motor vehicle as a person using ordinary prudent care would have done; D. In that Defendant was operating their motor vehicle at a rate of speed which was greater than that would have been operated by a person of ordinary prudence under the same or similar circumstances; and E. In that Defendant failed to apply their brakes to their motor vehicle in a timely and prudent manner and/or wholly failed to apply their brakes in order to avoid the collision in question. P’s Original Petition, Jury Demand, and Rule 193.7 Notice Page 2 of 4 DAMAGES 9 As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff sustained bodily injuries and incurred the following damages: A. Reasonable medical care and expenses in the past, which were incurred by Plaintiff for the necessary care and treatment of the injuries resulting from the accident complained of herein and such charges are reasonable and were usual and customary charges for such services in DALLAS County, Texas; Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; Physical pain and suffering in the past; Physical pain and suffering in the future; Mental anguish in the past; Mental anguish in the future; and Property damages. DEMAND FOR JURY TRIAL 10. Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiff hereby demands a trial by jury and tenders the jury fee herewith. RULE 193.7 NOTICE TO DEFENDANT 11. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends to use against Defendant in any legal pretrial proceeding or at trial all documents produced to Plaintiff in response to written discovery. This notice is given to Defendant within ten (10) days after Defendant has actual notice that all documents produced by Defendant to Plaintiff in this lawsuit will be offered at trial, thereby satisfying the requirement of authentication or identification as a condition precedent to admissibility pursuant to the Rule 901(a) of the Texas Rules of Evidence. P’s Original Petition, Jury Demand, and Rule 193.7 Notice Page 3 of 4 PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for Plaintiff against Defendant for damages in an amount Within the jurisdictional limits of the Court; together with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief to which Plaintiff may be entitled at law or in equity. Respectfully submitted, ALMASRI & MARZWANIAN LAW GROUP PLLC By: /s/ Hazim Mandavia Sam Almasri Texas Bar No. 24053071 Email: sam@theamlawgroup.com Hazim Mandavia Texas Bar No. 24096984 Email: hazim@theamlawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorneys for Plaintiff CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been served on all counsel of record in accordance with the Texas Rules of Civil Procedure on this 16th day of December, 2022 /s/ Hazim Mandavia Hazim Mandavia P’s Original Petition, Jury Demand, and Rule 193.7 Notice Page 4 of 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. Nida Rafi on behalf of Sam Almasri Bar No. 24053071 lauren@amslawgrp.com Envelope ID: 71108472 Status as of 12/19/2022 9:50 AM CST Associated Case Party: ALFREDO MARTINEZ Name BarNumber Email TimestampSubmitted Status Sam Almasri sam@amslawgrp.com 12/16/2022 5:27:56 PM SENT Lauren Shipp lauren@amslawgrp.com 12/16/2022 5:27:56 PM SENT Hazim Mandavia hazim@amslawgrp.com 12/16/2022 5:27:56 PM SENT Carolina Alzate carolina@amslawgrp.com 12/16/2022 5:27:56 PM SENT Hashem Saad Hashem@amslawgrp.com 12/16/2022 5:27:56 PM SENT Manuela Morales manuela@amslawgrp.com 12/16/2022 5:27:56 PM SENT Valeria Carmona valeria@amslawgrp.com 12/16/2022 5:27:56 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Francine Ly fly@dallascourts.org 12/16/2022 5:27:56 PM SENT Associated Case Party: JOSHUA FARMER Name BarNumber Email TimestampSubmitted Status Robyn Cruze rcruze@mklawpc.com 12/16/2022 5:27:56 PM SENT Karen Morgan kmorgan@mklawpc.com 12/16/2022 5:27:56 PM SENT Daniel Alvarado dalvarado@mklawpc.com 12/16/2022 5:27:56 PM SENT Michael Miller mmiller@mklawpc.com 12/16/2022 5:27:56 PM ERROR