Preview
Electronically Filed
10/18/2022 10:11 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
CAUSE NO. _________________
C-3994-22-H
ANA LIDIA LINALDI ALVAREZ and § IN THE DISTRICT COURT
MIGUEL ANGEL BARRERA JR. §
PLAINTIFFS, §
§
§
V. § ______ JUDICIAL DISTRICT
§
TRANSACT LOGISTICS, LLC and §
JOHN CHRISTOPHER HUBBARD §
DEFENDANTS § HIDALGO COUNTY, TEXAS
PLAINTIFFS’ ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, ANA LIDIA LINALDI ALVAREZ and MIGUEL ANGEL
BARRERA JR., complaining of DEFENDANTS TRANSACT LOGISTICS, LLC and
JOHN CHRISTOPHER HUBBARD (hereinafter referred to by name and/or
“DEFENDANTS”) and for cause of action would respectfully show the Court the following:
I. DISCOVERY PLAN
PLAINTIFFS intend to conduct discovery under Level 3 pursuant to Rule 190, Texas
Rules Civil Procedure.
II. THE PLAINTIFFS
ANA LIDIA LINALDI ALVAREZ, (hereinafter referred to by name and/or
“PLAINTIFF ALVAREZ”) is a resident of HIDALGO County, Texas.
MIGUEL ANGEL BARERRA JR., (hereinafter referred to by name and/or
“PLAINTIFF BARRERA”) is a resident of HIDALGO County, Texas.
III. THE DEFENDANTS
DEFENDANT, TRANSACT LOGISTICS, LLC. (hereinafter referred to by name
and/or as DEFENDANT TRANSACT LOGISTICS), is a business entity doing business in the
County of HIDALGO in the State of Texas. Said Defendant may be served with process by serving
its registered agent EDGAR ARECHIGA or any other person allowed under the Texas Rules of
Civil Procedure, at the following address: 1313 Orquidea St., Mission, Texas 78573 or any other
location where they may be registered. Service of said Defendant as described above can be
effected by any of the methods allowed by the Texas Rules of Civil Procedure.
Electronically Filed
10/18/2022 10:11 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-3994-22-H
DEFENDANT, JOHN CHRISTOPHER HUBBARD, is an individual who is a resident
of HIDALGO County, Texas and may be served with process at her home at the following address:
1313 Orquidea St., Mission, Texas 78573, or wherever he may be found. Service of said
Defendant as described above can be affected by personally delivery.
IV. ASSUMED NAMES
Pursuant to Rule 28 of the Texas Rules of Civil Procedure, PLAINTIFFS are suing any
partnership, unincorporated association, a private corporation or individual whose name contains
the words or who does business under or as TRANSACT LOGISTICS. It is the intent of
PLAINTIFFS to file a lawsuit against the owners, occupiers, property managers and/or controllers
of the Tractor 2013 White Kenworth Texas License Plate R591214 and Trailer 2009 White
Stoughton Trailers Inc.; Oklahoma License Plate: BE6048 Vin Number: 1DW1A53219S122423.
V. JURISDICTION AND VENUE
PLAINTIFFS bring this suit to recover damages against DEFENDANTS for sustained
losses, damages and personal injuries suffered by PLAINTIFFS as a result of an accident that
occurred in HIDALGO County, Texas. PLAINTIFFS has sustained damages in a monetary relief
over $1,000,000.00 within the jurisdictional requirements of this Court. Venue of this proceeding
is proper in HIDALGO County, Texas pursuant to Texas Civil Practice and Remedies Code
Section 15.002(a)(1) since HIDALGO County is the county in which all or a substantial part of
the events or omissions giving rise to the claims occurred.
VI. BACKGROUND FACTS
On or about June 18, 2022, PLAINTIFF ALVAREZ was involved in a truck crash caused
by DEFENDANT JOHN CHRISTOPHER HUBBARD. Specifically, PLAINTIFF
ALVAREZ was traveling eastbound on the inside lane at around the 100 block of W. Interstate 2
in McAllen, Texas and DEFENDANT JOHN CHIRSOPHER HUBBARD was towing a trailer
and was traveling on the outside lane at around the 100 block of W. Interstate 2 in McAllen, Texas.
DEFENDANT JOHN CHIRSTOPHER HUBBARD changed lanes when unsafe striking
PLAINTIFF ALVAREZ’s right passenger door and the right quarter panel with DEFENDANT
JOHN CHRISTOPHER HUBBARD’s left trailer panel. DEFENDAT JOHN
Electronically Filed
10/18/2022 10:11 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-3994-22-H
CHRISTOPHER HUBBARD continued driving East bound after the crash and did not stop to
provide any contact information and render aid. The owner of the vehicle driven by PLAINTIFF
ALVAREZ was PLAINTIFF BARERRA.
As a result of the above-mentioned car crash, PLAINTIFF BARERRA’s vehicle was
damaged and PLAINTIFF ALVAREZ suffered severe personal injuries.
VII. CAUSES OF ACTION AGAINST DEFENDANTS
PLAINTIFFS incorporates by reference the allegations contained in the preceding
paragraphs as though fully set forth herein. PLAINTIFFS assert claims against DEFENDANTS
for their responsibility of PLAINTIFFS’ damages as follows:
A. NEGLIGENCE
PLAINTIFFS have a negligence cause of action against DEFENDANTS, because they
meet the following required elements:
1. The DEFENDANTS owed a legal duty to the PLAINTIFF;
2. The DEFENDANTS breached the duty; and
3. The breach proximately caused the PLAINTIFFS’ injuries.
Defendants were negligent with respect to the acts and omissions described below.
Defendant’s negligence consisted of, but is not limited to, the following:
a. Failing to avoid the incident in question;
b. Driver inattention; Texas Transportation Code §545.401;
c. Taking faulty evasive action;
Each of these acts and/or omissions of Defendant JOHN CHRISTOPHER HUBBARD,
whether taken singularly or in any combination constitutes negligence and negligence per se which
proximately caused the collision and injuries and other losses as specifically set forth herein, all of
which PLAINTIFFS suffered and will continue to suffer in the future. PLAINTIFFS suffers and
will continue to suffer in the future.
Electronically Filed
10/18/2022 10:11 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-3994-22-H
B. RESPONDEAT SUPERIOR
PLAINTIFFS have a cause of action against DEFENDANT TRANSACT LOGISTICS,
LLC, under the theory of respondeat superior because he meets the following required elements:
a. The PLAINTIFFS were injured as a result of the tort;
b. The tortfeasor was an employee of the defendants; and
c. The tort was committed while the employee was acting within the scope of
employment; that is, the act was
(1) within the employee’s general liability,
(2) in furtherance of the defendant’s business;
(3) in furtherance of the object for which the employee was hired.
C. NEGLIGENT ENTRUSTMENT
PLAINTIFFS have a negligent entrustment cause of action against DEFENDANT
TRANSACT LOGISTICS, LLC because PLAINTIFFS meet the following required elements:
a. The owners entrusted its vehicle to another person;
b. That person was an unlicensed, incompetent, or reckless driver;
c. The owners knew or should have known the driver was unlicensed, incompetent,
or reckless;
d. The driver was negligent on the occasion in question; and
e. The driver’s negligence proximately caused the plaintiffs’ injury.
D. NEGLIGENT HIRING
PLAINTIFFS have a negligent hiring cause of action against DEFENDANT TRANSACT
LOGISTICS, LLC because PLAINTIFFS meet the following required elements:
a. The employers owed the PLAINTIFFS a legal duty to hire, supervise, train, or
retain competent employees;
b. The employers breached that duty; and
c. The breach proximately caused the PLAINTIFFS’ injury.
X. PLAINTIFFS’ DAMAGES
As a direct and proximate result of the occurrence made the basis of this lawsuit,
PLAINTIFFS was caused to suffer, and to incur the following damages:
Electronically Filed
10/18/2022 10:11 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-3994-22-H
A. Reasonable medical care and expenses in the past. These expenses were incurred
by PLAINTIFFS 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 HIDALGO County, Texas;
B. Reasonable and necessary medical care and expenses which in all reasonable
probability be incurred in the future;
C. Physical pain and suffering in the past;
D. Physical pain and suffering in the future;
E. Physical impairment in the past;
F. Physical impairment which, in all reasonable probability, will be suffered in the
future;
G. Loss of earnings in the past;
H. Loss of earning capacity which will, in all probability, be incurred in the future;
I. Mental anguish in the past; and
J. Mental anguish in the future.
K. Property damage
L. Loss of use
IX. PRAYER
WHEREFORE, PLAINTIFFS request that DEFENDANTS be cited to appear and answer
and that, on final trial, PLAINTIFFS have the following:
A. Judgment against DEFENDANTS in a monetary relief over $1,000,000.00 within
the jurisdictional limits of this court;
B. Prejudgment and post judgment interest as provided by law; and
C. Such other relief to which PLAINTIFFS may be justly entitled.
Respectfully submitted,
LAW OFFICES OF MARIO DAVILA, PLLC
P.O. Box 3726
McAllen, Texas 78502
Telephone (956) 682-3535
Facsimile (956) 682-3550
BY: _____/S/Ruy Mireles_______________
Electronically Filed
10/18/2022 10:11 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-3994-22-H
RUY MIRELES
Texas State Bar No.: 24090268
MARIO DAVILA
Texas State Bar No.: 24045750
Email: RuyMDlaw@gmail.com
Eservice: MDLawLitigation@gmail.com
Attorney for PLAINTIFFS
Electronically Filed
10/18/2022 10:11 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-3994-22-H
COURTESY NOTICE TO DEFENDANT
IF YOU HAD INSURANCE AT THE TIME OF THE COLLISION, PLEASE FORWARD
A COPY OF THIS PETITION TO YOUR INSURANCE COMPANY AND REQUEST
THAT THEY PROVIDE YOU WITH A DEFENSE.
Preview
Electronically Filed 10/18/2022 10:11 AM Hidalgo County District Clerks Reviewed By: Armando Cantu CAUSE NO. _________________ C-3994-22-H ANA LIDIA LINALDI ALVAREZ and § IN THE DISTRICT COURT MIGUEL ANGEL BARRERA JR. § PLAINTIFFS, § § § V. § ______ JUDICIAL DISTRICT § TRANSACT LOGISTICS, LLC and § JOHN CHRISTOPHER HUBBARD § DEFENDANTS § HIDALGO COUNTY, TEXAS PLAINTIFFS’ ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, ANA LIDIA LINALDI ALVAREZ and MIGUEL ANGEL BARRERA JR., complaining of DEFENDANTS TRANSACT LOGISTICS, LLC and JOHN CHRISTOPHER HUBBARD (hereinafter referred to by name and/or “DEFENDANTS”) and for cause of action would respectfully show the Court the following: I. DISCOVERY PLAN PLAINTIFFS intend to conduct discovery under Level 3 pursuant to Rule 190, Texas Rules Civil Procedure. II. THE PLAINTIFFS ANA LIDIA LINALDI ALVAREZ, (hereinafter referred to by name and/or “PLAINTIFF ALVAREZ”) is a resident of HIDALGO County, Texas. MIGUEL ANGEL BARERRA JR., (hereinafter referred to by name and/or “PLAINTIFF BARRERA”) is a resident of HIDALGO County, Texas. III. THE DEFENDANTS DEFENDANT, TRANSACT LOGISTICS, LLC. (hereinafter referred to by name and/or as DEFENDANT TRANSACT LOGISTICS), is a business entity doing business in the County of HIDALGO in the State of Texas. Said Defendant may be served with process by serving its registered agent EDGAR ARECHIGA or any other person allowed under the Texas Rules of Civil Procedure, at the following address: 1313 Orquidea St., Mission, Texas 78573 or any other location where they may be registered. Service of said Defendant as described above can be effected by any of the methods allowed by the Texas Rules of Civil Procedure. Electronically Filed 10/18/2022 10:11 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-3994-22-H DEFENDANT, JOHN CHRISTOPHER HUBBARD, is an individual who is a resident of HIDALGO County, Texas and may be served with process at her home at the following address: 1313 Orquidea St., Mission, Texas 78573, or wherever he may be found. Service of said Defendant as described above can be affected by personally delivery. IV. ASSUMED NAMES Pursuant to Rule 28 of the Texas Rules of Civil Procedure, PLAINTIFFS are suing any partnership, unincorporated association, a private corporation or individual whose name contains the words or who does business under or as TRANSACT LOGISTICS. It is the intent of PLAINTIFFS to file a lawsuit against the owners, occupiers, property managers and/or controllers of the Tractor 2013 White Kenworth Texas License Plate R591214 and Trailer 2009 White Stoughton Trailers Inc.; Oklahoma License Plate: BE6048 Vin Number: 1DW1A53219S122423. V. JURISDICTION AND VENUE PLAINTIFFS bring this suit to recover damages against DEFENDANTS for sustained losses, damages and personal injuries suffered by PLAINTIFFS as a result of an accident that occurred in HIDALGO County, Texas. PLAINTIFFS has sustained damages in a monetary relief over $1,000,000.00 within the jurisdictional requirements of this Court. Venue of this proceeding is proper in HIDALGO County, Texas pursuant to Texas Civil Practice and Remedies Code Section 15.002(a)(1) since HIDALGO County is the county in which all or a substantial part of the events or omissions giving rise to the claims occurred. VI. BACKGROUND FACTS On or about June 18, 2022, PLAINTIFF ALVAREZ was involved in a truck crash caused by DEFENDANT JOHN CHRISTOPHER HUBBARD. Specifically, PLAINTIFF ALVAREZ was traveling eastbound on the inside lane at around the 100 block of W. Interstate 2 in McAllen, Texas and DEFENDANT JOHN CHIRSOPHER HUBBARD was towing a trailer and was traveling on the outside lane at around the 100 block of W. Interstate 2 in McAllen, Texas. DEFENDANT JOHN CHIRSTOPHER HUBBARD changed lanes when unsafe striking PLAINTIFF ALVAREZ’s right passenger door and the right quarter panel with DEFENDANT JOHN CHRISTOPHER HUBBARD’s left trailer panel. DEFENDAT JOHN Electronically Filed 10/18/2022 10:11 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-3994-22-H CHRISTOPHER HUBBARD continued driving East bound after the crash and did not stop to provide any contact information and render aid. The owner of the vehicle driven by PLAINTIFF ALVAREZ was PLAINTIFF BARERRA. As a result of the above-mentioned car crash, PLAINTIFF BARERRA’s vehicle was damaged and PLAINTIFF ALVAREZ suffered severe personal injuries. VII. CAUSES OF ACTION AGAINST DEFENDANTS PLAINTIFFS incorporates by reference the allegations contained in the preceding paragraphs as though fully set forth herein. PLAINTIFFS assert claims against DEFENDANTS for their responsibility of PLAINTIFFS’ damages as follows: A. NEGLIGENCE PLAINTIFFS have a negligence cause of action against DEFENDANTS, because they meet the following required elements: 1. The DEFENDANTS owed a legal duty to the PLAINTIFF; 2. The DEFENDANTS breached the duty; and 3. The breach proximately caused the PLAINTIFFS’ injuries. Defendants were negligent with respect to the acts and omissions described below. Defendant’s negligence consisted of, but is not limited to, the following: a. Failing to avoid the incident in question; b. Driver inattention; Texas Transportation Code §545.401; c. Taking faulty evasive action; Each of these acts and/or omissions of Defendant JOHN CHRISTOPHER HUBBARD, whether taken singularly or in any combination constitutes negligence and negligence per se which proximately caused the collision and injuries and other losses as specifically set forth herein, all of which PLAINTIFFS suffered and will continue to suffer in the future. PLAINTIFFS suffers and will continue to suffer in the future. Electronically Filed 10/18/2022 10:11 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-3994-22-H B. RESPONDEAT SUPERIOR PLAINTIFFS have a cause of action against DEFENDANT TRANSACT LOGISTICS, LLC, under the theory of respondeat superior because he meets the following required elements: a. The PLAINTIFFS were injured as a result of the tort; b. The tortfeasor was an employee of the defendants; and c. The tort was committed while the employee was acting within the scope of employment; that is, the act was (1) within the employee’s general liability, (2) in furtherance of the defendant’s business; (3) in furtherance of the object for which the employee was hired. C. NEGLIGENT ENTRUSTMENT PLAINTIFFS have a negligent entrustment cause of action against DEFENDANT TRANSACT LOGISTICS, LLC because PLAINTIFFS meet the following required elements: a. The owners entrusted its vehicle to another person; b. That person was an unlicensed, incompetent, or reckless driver; c. The owners knew or should have known the driver was unlicensed, incompetent, or reckless; d. The driver was negligent on the occasion in question; and e. The driver’s negligence proximately caused the plaintiffs’ injury. D. NEGLIGENT HIRING PLAINTIFFS have a negligent hiring cause of action against DEFENDANT TRANSACT LOGISTICS, LLC because PLAINTIFFS meet the following required elements: a. The employers owed the PLAINTIFFS a legal duty to hire, supervise, train, or retain competent employees; b. The employers breached that duty; and c. The breach proximately caused the PLAINTIFFS’ injury. X. PLAINTIFFS’ DAMAGES As a direct and proximate result of the occurrence made the basis of this lawsuit, PLAINTIFFS was caused to suffer, and to incur the following damages: Electronically Filed 10/18/2022 10:11 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-3994-22-H A. Reasonable medical care and expenses in the past. These expenses were incurred by PLAINTIFFS 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 HIDALGO County, Texas; B. Reasonable and necessary medical care and expenses which in all reasonable probability be incurred in the future; C. Physical pain and suffering in the past; D. Physical pain and suffering in the future; E. Physical impairment in the past; F. Physical impairment which, in all reasonable probability, will be suffered in the future; G. Loss of earnings in the past; H. Loss of earning capacity which will, in all probability, be incurred in the future; I. Mental anguish in the past; and J. Mental anguish in the future. K. Property damage L. Loss of use IX. PRAYER WHEREFORE, PLAINTIFFS request that DEFENDANTS be cited to appear and answer and that, on final trial, PLAINTIFFS have the following: A. Judgment against DEFENDANTS in a monetary relief over $1,000,000.00 within the jurisdictional limits of this court; B. Prejudgment and post judgment interest as provided by law; and C. Such other relief to which PLAINTIFFS may be justly entitled. Respectfully submitted, LAW OFFICES OF MARIO DAVILA, PLLC P.O. Box 3726 McAllen, Texas 78502 Telephone (956) 682-3535 Facsimile (956) 682-3550 BY: _____/S/Ruy Mireles_______________ Electronically Filed 10/18/2022 10:11 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-3994-22-H RUY MIRELES Texas State Bar No.: 24090268 MARIO DAVILA Texas State Bar No.: 24045750 Email: RuyMDlaw@gmail.com Eservice: MDLawLitigation@gmail.com Attorney for PLAINTIFFS Electronically Filed 10/18/2022 10:11 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-3994-22-H COURTESY NOTICE TO DEFENDANT IF YOU HAD INSURANCE AT THE TIME OF THE COLLISION, PLEASE FORWARD A COPY OF THIS PETITION TO YOUR INSURANCE COMPANY AND REQUEST THAT THEY PROVIDE YOU WITH A DEFENSE.