Preview
FILED
1 CIT ESERVE 4/20/2023 4:40 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Shunta Jackson DEPUTY
DC-23-05231
Cause No.
DEMETRICE CALDWELL § IN THE DISTRICT COURT
Plaintiffi §
§
§ 160th
v. § JUDICIAL DISTRICT
§
WILLIAM C. KENNETH §
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Plaintiff DEMETRICE CALDWELL, complaining of and about
WILLIAM C. KENNETH, “Defendant”, and for cause of action show unto the Court the
following:
DISCOVERY CONTROL PLAN LEVEL
1. Plaintiff intends that discovery be conducted under Discovery Level 2. Plaintiff seeks only
monetary damages of less than $75,000.00, including damages, of any kind, penalties, costs, pre-
judgment interest and attorney fees.
PARTIES AND SERVICE
2. Plaintiff DEMETRICE CALDWELL is an individual residing in Dallas, Texas. The last
three digits of her TXDL are 192.
3. Defendant WILLIAM C. KENNETH is an individual who is a resident of Texas,
according to the crash report, and may be served with process at 6997 Indian Hills Lt B Rd.,
Aubrey Texas 76227; or wherever she may be found. Service of said Defendant as described above
can be effected by personal delivery.
4. CITATION IS REQUESTED AT THIS TIME
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 1
JURISDICTION AND VENUE
5. The subject matter in controversy is Within the jurisdictional limits of this court.
6. This court has jurisdiction over the parties because Defendant is a Texas resident.
7. 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 occurred in said county.
MISNOMER/ALTER EGO
8. In the event, any parties are misnamed or are not included herein, Plaintiffs contend that
H
misnomer,” and/or such parties are/were “alter egos” of parties
‘6
such was “misidentification,
named herein.
FACTS
9. On or about June 12, 2021 at 17:30, in Dallas, Texas, Plaintiff DEMETRICE
CALDWELL was operating her 2006 silver Ford Explorer, while stopped the middle lane, facing
eastbound on IH-30 near Beckley Ave. Plaintiff s vehicle was rear-ended by a 1998 black Nissan
Maxima, operated by Defendant WILLIAM C. KENNETH, who was not paying attention to the
traffic ahead failed to control his speed. The investigating officer stated said failure was a
contributing factor. (Crash reports are admissible evidence and a trial brief on the matter will be
provided if requested by the court.) Plaintiff suffered severe injuries and medical bills as a result of
Defendant’s negligence.
PLAINTIFFS’ CLAIM OF NEGLIGENCE AND NEGLIGENCE PER SE
AGAINST DEFENDANT WILLIAM C. KENNETH.
10. Defendant WILLIAM C. KENNETH 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.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 2
11. Plaintiffs’ injuries were proximately caused by Defendant WILLIAM C.
KENNETH’S negligent, careless and reckless disregard of said duty.
12. The negligent, careless and reckless disregard of duty of Defendant WILLIAM C.
KENNETH consisted of, but is not limited to, the following acts and omissions:
A. In that Defendant 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 her motor vehicle to the right or left in an
effort to avoid the collision complained of;
C. In that Defendant failed to warn the Plaintiff by applying the horn;
D. Failing to obey an official traffic control device in Violation of Texas
Transportation Code §544.007(d).
E. In that Defendant failed to keep such distance away fiom Plaintiffs as a
person using ordinary prudent care would have done in Violation of Texas
Transportation Code §545.062;
F. In that Defendant was operating her 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
G. In that Defendant failed to apply her brakes to his motor vehicle in a timely
and prudent manner and/ or wholly failed to apply his brakes.
l3. Further, Defendant chose not to exercise the mandatory standards of care in violation of
the Texas Transportation Code, which mandates that:
§ 545.401 RECKLESS DRIVING, which provides that, “(a) person commits
an offense if the person drives a vehicle in willful or wanton
disregard for the safety of persons or property.”
§545.351 FAILURE TO CONTROL SPEED. (a) An operator may not
drive at a speed greater than is reasonable and prudent under
the circumstances then existing.
14. These statues are designed to protect a class of persons to which Plaintiffs belong
against the type of injury suffered by Plaintiffs.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 3
15. Defendant’s Violation of the Texas Transportation Code sections described above was
without a legal excuse and his breach of the duties imposed by these statutes proximately caused
injuries and/or damages to the Plaintiffs.
16. Defendant’s conduct described herein constitutes an unexcused breach of the duty
imposed on the occasion in question by the negligent and careless acts listed above, which is a
proximate cause of the occurrence and the resulting injuries and damages to Plaintiffs.
17. The above acts and/or omissions are the proximate cause of the occurrence in
question and the resulting injuries and/or damages to the Plaintiffs.
DAMAGES FOR PLAINTIFF DEMETRICE CALDWELL
18. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff
DEMETRICE CALDWELL has suffered severe injuries and a great shock to her entire system.
These injuries have had a serious effect on Plaintiff’s health and well-being. Plaintiff has suffered
traumatic injuries, all of which have caused pain, discomfort, and loss of physical capacity. Some, if
not all, of Plaintiff’s injuries will continue to be troublesome long into the future. Plaintiff has
incurred the following damages:
A. 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 accident complained of herein and such charges are
reasonable and were usual and customary charges for such services in
DALLAS COUNTY, Texas;
B. Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
C. Physical pain and suffering in the past;
D. Physical pain and suffering in the fiiture;
E. Physical impairment in the past;
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 4
F. Physical impairment which, in all reasonable probability, Will be suffered in
the future;
G. Mental anguish in the past;
H. Mental anguish in the future;
I. Lost wages in the past;
J. Lost wages in the future.
K. Loss of earning capacity;
L. Loss of use of auto;
M. Property damage; and
N. Diminished market value of auto
NOTICE TO DEFENDANT: PRESENT THIS PETITION AND CITATION TO YOUR
INSURANCE IMMEDIATELY
19. Defendant are hereby required to disclose the information or material described in Texas
Rule of Civil Procedure l94.2(b)(1)-(12) within thirty (30) days after filing of a first answer, unless a
different time is set by the parties’ agreement or court order. TEX R CIV. P 194.2(A). Defendant
MUST Notify their motor vehicle insurance of this required disclosure immediately, and file an
Answer, or risk a default judgment.
INTENT TO USE DEFENDANT’S DOCUMENTS
20. In accordance with the Texas Rule of Civil Procedure 193.7, any documents produced by
Defendant in response to written discovery will be used by Plaintiff at any pre-trial proceeding or
trial. If not objected to by Defendant within 10 days of trial, all of said discovery is considered self-
authenticated.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 5
PRAYER
21. WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the
Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment
be entered for the Plaintiff against Defendant for damages in an amount within the jurisdictional
limits of the Court; pre-judgment interest at the maximum rate allowed by law; post-judgment
interest at the maximum legal rate; costs of court; and such other and further relief to which the
Plaintiff may be entitled at law or in equity.
Respectfully submitted,
ROLLE LAW
/s/La Rolle
LARRY ROLLE
State Bar No. 17212600
larryr@rbrl.com
2030 Main Street, Suite 200
DALLAS, Texas 75201
Tel: (214) 742-8897
Fax: (214) 637-6872
Attorney for Plaintiff
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 6
Preview
FILED 1 CIT ESERVE 4/20/2023 4:40 PM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Shunta Jackson DEPUTY DC-23-05231 Cause No. DEMETRICE CALDWELL § IN THE DISTRICT COURT Plaintiffi § § § 160th v. § JUDICIAL DISTRICT § WILLIAM C. KENNETH § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Plaintiff DEMETRICE CALDWELL, complaining of and about WILLIAM C. KENNETH, “Defendant”, and for cause of action show unto the Court the following: DISCOVERY CONTROL PLAN LEVEL 1. Plaintiff intends that discovery be conducted under Discovery Level 2. Plaintiff seeks only monetary damages of less than $75,000.00, including damages, of any kind, penalties, costs, pre- judgment interest and attorney fees. PARTIES AND SERVICE 2. Plaintiff DEMETRICE CALDWELL is an individual residing in Dallas, Texas. The last three digits of her TXDL are 192. 3. Defendant WILLIAM C. KENNETH is an individual who is a resident of Texas, according to the crash report, and may be served with process at 6997 Indian Hills Lt B Rd., Aubrey Texas 76227; or wherever she may be found. Service of said Defendant as described above can be effected by personal delivery. 4. CITATION IS REQUESTED AT THIS TIME PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 1 JURISDICTION AND VENUE 5. The subject matter in controversy is Within the jurisdictional limits of this court. 6. This court has jurisdiction over the parties because Defendant is a Texas resident. 7. 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 occurred in said county. MISNOMER/ALTER EGO 8. In the event, any parties are misnamed or are not included herein, Plaintiffs contend that H misnomer,” and/or such parties are/were “alter egos” of parties ‘6 such was “misidentification, named herein. FACTS 9. On or about June 12, 2021 at 17:30, in Dallas, Texas, Plaintiff DEMETRICE CALDWELL was operating her 2006 silver Ford Explorer, while stopped the middle lane, facing eastbound on IH-30 near Beckley Ave. Plaintiff s vehicle was rear-ended by a 1998 black Nissan Maxima, operated by Defendant WILLIAM C. KENNETH, who was not paying attention to the traffic ahead failed to control his speed. The investigating officer stated said failure was a contributing factor. (Crash reports are admissible evidence and a trial brief on the matter will be provided if requested by the court.) Plaintiff suffered severe injuries and medical bills as a result of Defendant’s negligence. PLAINTIFFS’ CLAIM OF NEGLIGENCE AND NEGLIGENCE PER SE AGAINST DEFENDANT WILLIAM C. KENNETH. 10. Defendant WILLIAM C. KENNETH 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. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 2 11. Plaintiffs’ injuries were proximately caused by Defendant WILLIAM C. KENNETH’S negligent, careless and reckless disregard of said duty. 12. The negligent, careless and reckless disregard of duty of Defendant WILLIAM C. KENNETH consisted of, but is not limited to, the following acts and omissions: A. In that Defendant 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 her motor vehicle to the right or left in an effort to avoid the collision complained of; C. In that Defendant failed to warn the Plaintiff by applying the horn; D. Failing to obey an official traffic control device in Violation of Texas Transportation Code §544.007(d). E. In that Defendant failed to keep such distance away fiom Plaintiffs as a person using ordinary prudent care would have done in Violation of Texas Transportation Code §545.062; F. In that Defendant was operating her 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 G. In that Defendant failed to apply her brakes to his motor vehicle in a timely and prudent manner and/ or wholly failed to apply his brakes. l3. Further, Defendant chose not to exercise the mandatory standards of care in violation of the Texas Transportation Code, which mandates that: § 545.401 RECKLESS DRIVING, which provides that, “(a) person commits an offense if the person drives a vehicle in willful or wanton disregard for the safety of persons or property.” §545.351 FAILURE TO CONTROL SPEED. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing. 14. These statues are designed to protect a class of persons to which Plaintiffs belong against the type of injury suffered by Plaintiffs. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 3 15. Defendant’s Violation of the Texas Transportation Code sections described above was without a legal excuse and his breach of the duties imposed by these statutes proximately caused injuries and/or damages to the Plaintiffs. 16. Defendant’s conduct described herein constitutes an unexcused breach of the duty imposed on the occasion in question by the negligent and careless acts listed above, which is a proximate cause of the occurrence and the resulting injuries and damages to Plaintiffs. 17. The above acts and/or omissions are the proximate cause of the occurrence in question and the resulting injuries and/or damages to the Plaintiffs. DAMAGES FOR PLAINTIFF DEMETRICE CALDWELL 18. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff DEMETRICE CALDWELL has suffered severe injuries and a great shock to her entire system. These injuries have had a serious effect on Plaintiff’s health and well-being. Plaintiff has suffered traumatic injuries, all of which have caused pain, discomfort, and loss of physical capacity. Some, if not all, of Plaintiff’s injuries will continue to be troublesome long into the future. Plaintiff has incurred the following damages: A. 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 accident complained of herein and such charges are reasonable and were usual and customary charges for such services in DALLAS COUNTY, Texas; B. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; C. Physical pain and suffering in the past; D. Physical pain and suffering in the fiiture; E. Physical impairment in the past; PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 4 F. Physical impairment which, in all reasonable probability, Will be suffered in the future; G. Mental anguish in the past; H. Mental anguish in the future; I. Lost wages in the past; J. Lost wages in the future. K. Loss of earning capacity; L. Loss of use of auto; M. Property damage; and N. Diminished market value of auto NOTICE TO DEFENDANT: PRESENT THIS PETITION AND CITATION TO YOUR INSURANCE IMMEDIATELY 19. Defendant are hereby required to disclose the information or material described in Texas Rule of Civil Procedure l94.2(b)(1)-(12) within thirty (30) days after filing of a first answer, unless a different time is set by the parties’ agreement or court order. TEX R CIV. P 194.2(A). Defendant MUST Notify their motor vehicle insurance of this required disclosure immediately, and file an Answer, or risk a default judgment. INTENT TO USE DEFENDANT’S DOCUMENTS 20. In accordance with the Texas Rule of Civil Procedure 193.7, any documents produced by Defendant in response to written discovery will be used by Plaintiff at any pre-trial proceeding or trial. If not objected to by Defendant within 10 days of trial, all of said discovery is considered self- authenticated. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 5 PRAYER 21. WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendant for damages in an amount within the jurisdictional limits of the Court; pre-judgment interest at the maximum rate allowed by law; post-judgment interest at the maximum legal rate; costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity. Respectfully submitted, ROLLE LAW /s/La Rolle LARRY ROLLE State Bar No. 17212600 larryr@rbrl.com 2030 Main Street, Suite 200 DALLAS, Texas 75201 Tel: (214) 742-8897 Fax: (214) 637-6872 Attorney for Plaintiff PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 6