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CAUSE NO. ______________
JILLIAN AVETTE MAHATH IN THE DISTRICT COURT OF
INDIVIDUALLY AND NEXT FRIEND OF
MXXXX MXXXXXX A MINOR; AND
RAVEN MAHATHA AND JILLIAN
MAHATHA
Plaintiffs MONTGOMERY COUNTY, TEXAS
V.
KIRK ANDREW GEOHEGAN
Defendant. _____ JUDICIAL DISTRICT
ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Plaintiff Jillian Avette Mahatha, Individually, and Next Friend of
MXXXX MXXXXXX Minor; and Raven Mahatha and Jillian Mahatha file this Original Petition
complaining of and against Kirk Andrew Geohegan Defendant”), and would respectfully show
the Court as follows:
ISCOVERY EVEL
Plaintiff seek monetary relief over $1,000,000.00, and a demand for judgment for
all the other relief to which Plaintiff deem themselves entitled.
Plaintiff intend to conduct discovery in this matter under Level 2 of Texas Rule of
Civil Procedure 190.3.
ARTIES
Plaintiff Jillian Avette Mahatha is a resident of Guadalupe County, Texas The
last three digits of Plaintiff’s driver s license number are The last three digits of Plaintiff’s
social security number are
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Mahatha / Plaintiffs Original Petition of
2.2 Plaintiff, MXXXX MXXXXXX, A Minor, is a resident of Guadalupe County,
Texas. The last three digits of Plaintiff’s social security number are 703.
2.3 Plaintiff, Raven Mahatha, is a resident of Guadalupe County, Texas. The last three
digits of Plaintiff’s social security number are 888.
2.4 Plaintiff, Jillian Mahatha, is a resident of Guadalupe County, Texas. The last three
digits of Plaintiff’s social security number are 989.
2.7 Defendant, Kirk Andrew Geohgan, is a resident of Montgomery County, Texas,
and upon information and belief, may be served with process at their last known address of 3831
Oakmist Bend Lane, Spring, Texas, 77386, or wherever they may be found. The issuance of
citation and service of process on this Defendant is hereby requested.
IV. JURISDICTION & VENUE
4.1 The Court has subject-matter jurisdiction over the lawsuit because the amount in
controversy exceeds this Court’s minimum jurisdictional requirements.
4.2 Venue is proper in Montgomery County, Texas, according to Tex. CPRC
§15.002(a)(2), because Montgomery County is the county in which all or a substantial part of
the events or omissions giving rise to the claim occurred.
V. FACTUAL BACKGROUND
5.1 On or about June 13, 2022, Defendant, Kirk Andrew Geohegan, was operating a
motor vehicle owned by Defendant, on the 4800 Block of Guadalupe River Drive, when Defendant
failed to yield right of way while turning left onto Colorado river Drive and crashed into Plaintiffs
vehicle.
5.2 Plaintiffs suffered serious bodily injuries and damages as a result of this crash.
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Mahatha / Plaintiffs’ Original Petition Page 2 of 8
VI. NEGLIGENCE OF KIRK ANDREW GEOHEGAN
6.1 As Kirk Andrew Geohegan operated the vehicle at the time of the incident, he had
a duty to exercise ordinary care in the operation of the same, to drive the vehicle in a reasonable
and prudent manner, and to abide by the provisions of Chapters 544 and 545 of the Texas
Transportation Code. Kirk Andrew Geohegan was negligent, negligent per se, and grossly
negligent in one or more of the following respects:
A. In failing to control the speed of the vehicle that he was operating;
B. In failing to maintain his lane;
C. In failing to keep a proper lookout;
D. In failing to timely apply the brakes;
E. In failing to take proper evasive action;
F. In failing to drive the vehicle at a rate of speed that an ordinary and prudent
person would have driven under the same or similar circumstances;
G. In operating a vehicle in a reckless manner;
H. In operating a motor vehicle while distracted;
I. In failing to yield the right of way turning left;
J. In failing to maintain a safe distance between the vehicle they were
operating and Plaintiffs’ vehicle; and
K. In violating applicable provisions of the Texas Transportation Code
including, but not limited to, §545.060, §545.351, §545.152.
6.2 Kirk Andrew Geohegan’s negligence was a proximate cause of the collision, as
well as the bodily-injury damages that Plaintiffs suffered as a result of his involvement in the
collision.
VII. DAMAGES
7.1 As a direct and proximate result of the occurrence made the basis of this lawsuit,
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Mahatha / Plaintiffs’ Original Petition Page 3 of 8
Plaintiffs, suffered serious bodily injuries, incurred the following damages for which Plaintiffs
seek monetary relief of over $250,000.00 but not more than $1,000,000.00.
Damages of Jillian Avette Mahatha
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 and/or the aggravation of prior injuries and such
charges are reasonable and were usual and customary charges for such
services at the time and place that the services were provided;
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 future;
E. Loss of earnings in the past;
F. Loss of earning capacity which will, in all probability, be incurred in the
future;
G. Mental anguish in the past;
H. Mental anguish in the future;
I. Physical impairment sustained in the past;
J. Physical impairment which will, in all probability, be sustained in the
future;
K. Disfigurement in the past; and
L. Disfigurement in the future.
Damages of M.M. a Minor
A. Reasonable medical care and expenses incurred in the past. These expenses
were incurred by Plaintiff, Jillian A. Mahatha, for the necessary care and
treatment of the M.M.’s injuries resulting from the accident and/or the
aggravation of prior injuries and such charges are reasonable and were usual
and customary charges for such services at the time and place that the
services were provided;
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Mahatha / Plaintiffs’ Original Petition Page 4 of 8
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 future;
E. Mental anguish in the past;
F. Mental anguish in the future;
G. Physical impairment in the past;
H. Physical impairment in the future;
I. Loss of Household Services in the past;
J. Disfigurement in the past; and
K. Disfigurement in the future.
Damages of Raven Mahatha
A. Reasonable medical care and expenses incurred in the past. These expenses
were incurred by Plaintiff, for the necessary care and treatment of the
injuries resulting from the accident and/or the aggravation of prior injuries
and such charges are reasonable and were usual and customary charges for
such services at the time and place that the services were provided;
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 future;
E. Mental anguish in the past;
F. Mental anguish in the future;
G. Physical impairment in the past;
H. Physical impairment in the future;
I. Loss of Household Services in the past;
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Mahatha / Plaintiffs’ Original Petition Page 5 of 8
J. Disfigurement in the past; and
K. Disfigurement in the future.
Damages of Miss Jillian Mahatha
A. Reasonable medical care and expenses incurred in the past. These expenses
were incurred by Plaintiff, Jillian A. Mahatha, for the necessary care and
treatment of Miss Jillian Mahatha’s injuries resulting from the accident
and/or the aggravation of prior injuries and such charges are reasonable and
were usual and customary charges for such services at the time and place
that the services were provided;
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 future;
E. Mental anguish in the past;
F. Mental anguish in the future;
G. Physical impairment in the past;
H. Physical impairment in the future;
I. Loss of Household Services in the past;
J. Disfigurement in the past; and
K. Disfigurement in the future
XIII. RESERVE THE RIGHT TO AMEND & SUPPLEMENT
8.1 These allegations against Defendant are made acknowledging that investigation
and discovery, although undertaken, are continuing in this matter. As further investigation and
discovery are conducted, additional facts will surely be uncovered that may and probably will
necessitate further, additional, and/or different allegations, including the potential of adding parties
to and/or dismissing parties from the case. The right to do so is, under Texas law, expressly
reserved.
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Mahatha / Plaintiffs’ Original Petition Page 6 of 8
IX. PRE-JUDGMENT INTEREST
9.1 Plaintiffs would additionally say and show that they are entitled to recovery of pre-
judgment interest in accordance with law and equity as part of their damages herein, and Plaintiffs
here and now sue for recovery of pre-judgment interest as provided by law and equity under the
applicable provisions of the laws of the State of Texas.
X. NOTICE OF INITIAL DISCLOSURES TO DEFENDANT
10.1 Pursuant to Texas Rule of Civil Procedure 194.2, Defendant’s Initial Disclosures
are due 30 days after the filing of the first answer. A party that is first served or otherwise joined
after the filing of the first answer must make initial disclosures 30 days after being served or joined.
XI. JURY DEMAND
11.1 Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiffs hereby
demand a trial by jury and tenders the appropriate fee with this petition.
XII. PRAYER
12.1 WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be
cited to appear and answer herein, and that upon final trial, Plaintiffs recover actual damages as
specified above from Defendant, plus costs of Court, pre-judgment and post-judgment interest at
the maximum legal rate, and such other and further relief, general and special, at law and in equity,
to which Plaintiffs may be justly entitled at law or in equity.
Respectfully submitted,
STEWART J. GUSS & ASSOCIATES, PLLC
/s/ Evette M. Hooper
Evette M. Hooper
TBN: 24082439
Ryan Berchelmann
TBN: 24078225
Jason J. Ruen
TBN: 24072316
12777 Jones Road, Suite 297
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Mahatha / Plaintiffs’ Original Petition Page 7 of 8
Houston, Texas 77070
(281) 664-6500
(281) 664-6501 Facsimile
General Correspondence Email:
Evette.hooper@attorneyguss.com
E-Service: SJG-Service@attorneyguss.com
*E-Service is only accepted at the above
designated E-Service email address.
ATTORNEYS FOR PLAINTIFFS
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Mahatha / Plaintiffs’ Original Petition Page 8 of 8
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CAUSE NO. ______________ JILLIAN AVETTE MAHATH IN THE DISTRICT COURT OF INDIVIDUALLY AND NEXT FRIEND OF MXXXX MXXXXXX A MINOR; AND RAVEN MAHATHA AND JILLIAN MAHATHA Plaintiffs MONTGOMERY COUNTY, TEXAS V. KIRK ANDREW GEOHEGAN Defendant. _____ JUDICIAL DISTRICT ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Plaintiff Jillian Avette Mahatha, Individually, and Next Friend of MXXXX MXXXXXX Minor; and Raven Mahatha and Jillian Mahatha file this Original Petition complaining of and against Kirk Andrew Geohegan Defendant”), and would respectfully show the Court as follows: ISCOVERY EVEL Plaintiff seek monetary relief over $1,000,000.00, and a demand for judgment for all the other relief to which Plaintiff deem themselves entitled. Plaintiff intend to conduct discovery in this matter under Level 2 of Texas Rule of Civil Procedure 190.3. ARTIES Plaintiff Jillian Avette Mahatha is a resident of Guadalupe County, Texas The last three digits of Plaintiff’s driver s license number are The last three digits of Plaintiff’s social security number are _____________________________________________________________________________________ Mahatha / Plaintiffs Original Petition of 2.2 Plaintiff, MXXXX MXXXXXX, A Minor, is a resident of Guadalupe County, Texas. The last three digits of Plaintiff’s social security number are 703. 2.3 Plaintiff, Raven Mahatha, is a resident of Guadalupe County, Texas. The last three digits of Plaintiff’s social security number are 888. 2.4 Plaintiff, Jillian Mahatha, is a resident of Guadalupe County, Texas. The last three digits of Plaintiff’s social security number are 989. 2.7 Defendant, Kirk Andrew Geohgan, is a resident of Montgomery County, Texas, and upon information and belief, may be served with process at their last known address of 3831 Oakmist Bend Lane, Spring, Texas, 77386, or wherever they may be found. The issuance of citation and service of process on this Defendant is hereby requested. IV. JURISDICTION & VENUE 4.1 The Court has subject-matter jurisdiction over the lawsuit because the amount in controversy exceeds this Court’s minimum jurisdictional requirements. 4.2 Venue is proper in Montgomery County, Texas, according to Tex. CPRC §15.002(a)(2), because Montgomery County is the county in which all or a substantial part of the events or omissions giving rise to the claim occurred. V. FACTUAL BACKGROUND 5.1 On or about June 13, 2022, Defendant, Kirk Andrew Geohegan, was operating a motor vehicle owned by Defendant, on the 4800 Block of Guadalupe River Drive, when Defendant failed to yield right of way while turning left onto Colorado river Drive and crashed into Plaintiffs vehicle. 5.2 Plaintiffs suffered serious bodily injuries and damages as a result of this crash. _____________________________________________________________________________________ Mahatha / Plaintiffs’ Original Petition Page 2 of 8 VI. NEGLIGENCE OF KIRK ANDREW GEOHEGAN 6.1 As Kirk Andrew Geohegan operated the vehicle at the time of the incident, he had a duty to exercise ordinary care in the operation of the same, to drive the vehicle in a reasonable and prudent manner, and to abide by the provisions of Chapters 544 and 545 of the Texas Transportation Code. Kirk Andrew Geohegan was negligent, negligent per se, and grossly negligent in one or more of the following respects: A. In failing to control the speed of the vehicle that he was operating; B. In failing to maintain his lane; C. In failing to keep a proper lookout; D. In failing to timely apply the brakes; E. In failing to take proper evasive action; F. In failing to drive the vehicle at a rate of speed that an ordinary and prudent person would have driven under the same or similar circumstances; G. In operating a vehicle in a reckless manner; H. In operating a motor vehicle while distracted; I. In failing to yield the right of way turning left; J. In failing to maintain a safe distance between the vehicle they were operating and Plaintiffs’ vehicle; and K. In violating applicable provisions of the Texas Transportation Code including, but not limited to, §545.060, §545.351, §545.152. 6.2 Kirk Andrew Geohegan’s negligence was a proximate cause of the collision, as well as the bodily-injury damages that Plaintiffs suffered as a result of his involvement in the collision. VII. DAMAGES 7.1 As a direct and proximate result of the occurrence made the basis of this lawsuit, _____________________________________________________________________________________ Mahatha / Plaintiffs’ Original Petition Page 3 of 8 Plaintiffs, suffered serious bodily injuries, incurred the following damages for which Plaintiffs seek monetary relief of over $250,000.00 but not more than $1,000,000.00. Damages of Jillian Avette Mahatha 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 and/or the aggravation of prior injuries and such charges are reasonable and were usual and customary charges for such services at the time and place that the services were provided; 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 future; E. Loss of earnings in the past; F. Loss of earning capacity which will, in all probability, be incurred in the future; G. Mental anguish in the past; H. Mental anguish in the future; I. Physical impairment sustained in the past; J. Physical impairment which will, in all probability, be sustained in the future; K. Disfigurement in the past; and L. Disfigurement in the future. Damages of M.M. a Minor A. Reasonable medical care and expenses incurred in the past. These expenses were incurred by Plaintiff, Jillian A. Mahatha, for the necessary care and treatment of the M.M.’s injuries resulting from the accident and/or the aggravation of prior injuries and such charges are reasonable and were usual and customary charges for such services at the time and place that the services were provided; _____________________________________________________________________________________ Mahatha / Plaintiffs’ Original Petition Page 4 of 8 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 future; E. Mental anguish in the past; F. Mental anguish in the future; G. Physical impairment in the past; H. Physical impairment in the future; I. Loss of Household Services in the past; J. Disfigurement in the past; and K. Disfigurement in the future. Damages of Raven Mahatha A. Reasonable medical care and expenses incurred in the past. These expenses were incurred by Plaintiff, for the necessary care and treatment of the injuries resulting from the accident and/or the aggravation of prior injuries and such charges are reasonable and were usual and customary charges for such services at the time and place that the services were provided; 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 future; E. Mental anguish in the past; F. Mental anguish in the future; G. Physical impairment in the past; H. Physical impairment in the future; I. Loss of Household Services in the past; _____________________________________________________________________________________ Mahatha / Plaintiffs’ Original Petition Page 5 of 8 J. Disfigurement in the past; and K. Disfigurement in the future. Damages of Miss Jillian Mahatha A. Reasonable medical care and expenses incurred in the past. These expenses were incurred by Plaintiff, Jillian A. Mahatha, for the necessary care and treatment of Miss Jillian Mahatha’s injuries resulting from the accident and/or the aggravation of prior injuries and such charges are reasonable and were usual and customary charges for such services at the time and place that the services were provided; 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 future; E. Mental anguish in the past; F. Mental anguish in the future; G. Physical impairment in the past; H. Physical impairment in the future; I. Loss of Household Services in the past; J. Disfigurement in the past; and K. Disfigurement in the future XIII. RESERVE THE RIGHT TO AMEND & SUPPLEMENT 8.1 These allegations against Defendant are made acknowledging that investigation and discovery, although undertaken, are continuing in this matter. As further investigation and discovery are conducted, additional facts will surely be uncovered that may and probably will necessitate further, additional, and/or different allegations, including the potential of adding parties to and/or dismissing parties from the case. The right to do so is, under Texas law, expressly reserved. _____________________________________________________________________________________ Mahatha / Plaintiffs’ Original Petition Page 6 of 8 IX. PRE-JUDGMENT INTEREST 9.1 Plaintiffs would additionally say and show that they are entitled to recovery of pre- judgment interest in accordance with law and equity as part of their damages herein, and Plaintiffs here and now sue for recovery of pre-judgment interest as provided by law and equity under the applicable provisions of the laws of the State of Texas. X. NOTICE OF INITIAL DISCLOSURES TO DEFENDANT 10.1 Pursuant to Texas Rule of Civil Procedure 194.2, Defendant’s Initial Disclosures are due 30 days after the filing of the first answer. A party that is first served or otherwise joined after the filing of the first answer must make initial disclosures 30 days after being served or joined. XI. JURY DEMAND 11.1 Pursuant to Rule 216 of the Texas Rules of Civil Procedure, Plaintiffs hereby demand a trial by jury and tenders the appropriate fee with this petition. XII. PRAYER 12.1 WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be cited to appear and answer herein, and that upon final trial, Plaintiffs recover actual damages as specified above from Defendant, plus costs of Court, pre-judgment and post-judgment interest at the maximum legal rate, and such other and further relief, general and special, at law and in equity, to which Plaintiffs may be justly entitled at law or in equity. Respectfully submitted, STEWART J. GUSS & ASSOCIATES, PLLC /s/ Evette M. Hooper Evette M. Hooper TBN: 24082439 Ryan Berchelmann TBN: 24078225 Jason J. Ruen TBN: 24072316 12777 Jones Road, Suite 297 _____________________________________________________________________________________ Mahatha / Plaintiffs’ Original Petition Page 7 of 8 Houston, Texas 77070 (281) 664-6500 (281) 664-6501 Facsimile General Correspondence Email: Evette.hooper@attorneyguss.com E-Service: SJG-Service@attorneyguss.com *E-Service is only accepted at the above designated E-Service email address. ATTORNEYS FOR PLAINTIFFS _____________________________________________________________________________________ Mahatha / Plaintiffs’ Original Petition Page 8 of 8