Preview
FILED
5/2/2023 11:36 AM
FELICIA PITRE
2 CIT ESERVE DISTRICT CLERK
DALLAS 00., TEXAS
Shunta Jackson DEPUTY
DC-23-05787
CAUSE N0.
DIANA DONALDSON and § IN THE DISTRICT COURT
MARRIEANN PETTY-ALFARO, §
Plaintiffs, §
§
VS. § DALLAS COUNTY, TEXAS
§
LEDARIUS WRIGHT and SOUTHERN §
STAR INCORPORATED, §4th
Defendants. § JUDICIAL DISTRICT
PLAINTIFFS’ ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Plaintiffs, Diana Donaldson and Marrieann Petty-Alfaro, and for causes of
action against Defendants, LeDarius Wright and Southern Star Incorporated, and in support, would
show the Court as follows:
I.
Discovery Control Plan
1.1 Pursuant to the Texas Rules of Civil Procedure, Plaintiffs contend that discovery is to be
conducted under Level 3 Discovery Control Plan.
H.
Parties
2.1 Plaintiff, Diana Donaldson, is a resident of Carrollton, Dallas County, Texas. The last
three digits of her driver’s license are 995 and the last three digits of her social security number
are 502.
2.2 Plaintiff, Marrieann Petty-Alfaro, is a resident of Lewisville, Denton County, Texas. The
last three digits of her driver’s license are 636 and the last three digits of her social security number
are 238.
PLAINTIFFS’ ORIGINAL PETITION Page 1
2.3 Defendant, LeDarius Wright, is an individual and a resident of Houston, Hanis County,
Texas. The last three digits of his Texas Driver’s License are 730. Service of process may be served
on LeDarius Wright at his last known residence: 12850 Perrv Road, Apt 10303. Houston, Texas
m, or wherever he may be found by PRIVATE PROCESS SERVICE. Issuance of citation is
reguested at this time.
2.4 Defendant, Southern Star Incorporated, is a foreign for profit corporation duly authorized
to conduct business in the State of Texas with its principal place of business located at P.O. Box
1362 Poteau Oklahoma 74953, and may be served through its registered agent National Registered
Agents, Inc. at its last known registered office address: 1999 Bryan Street Suite 900, Dallas,
Texas 75201, or wherever it may be found by private service. Isilance of citat_ion is requested
at this time.
III.
Venue & Jurisdiction
3.1 This Court has jurisdiction over the parties and venue is in Dallas County, Texas, because
the Incident that is the subject of this suit occurred in Dallas County, Texas.
3.2 Additionally, this Court has jurisdiction over the subject matter because the damages
sought by Plaintiff are Within the jurisdictional limits of this Court.
IV.
Facts
4.1 On July 13, 2021, at approximately 5:55 p.m., Plaintiffs was sitting in a vehicle while
parked in front of Plaintiff Diana Donaldson’s home, located in a cul-de-sac, in the 1508 block of
Crockett Circle in Carrollton, Dallas County, Texas. At the same time, Defendant, LeDarius
Wright, was traveling in the same cul-de-sac and approaching the vehicle Plaintiffs was sitting in.
Suddenly and without warning, Defendant LeDarius Wright, failed to slow down, and struck the
PLAINTIFFS’ ORIGINAL PETITION Page 2
passenger’s side of the vehicle Plaintiffs were sitting in. The force of the collision caused injuries
and damages to Plaintiffs.
V.
First Cause of Action — LeDarius Wrigm
5.1 The Incident that is the basis of this suit was proximately caused by the negligence of
Defendant, LeDarius Wright, in that he failed to exercise ordinary care or act as a reasonably
prudent driver would have acted under the same or similar circumstances, in that he:
(a) Failed to slow down when approaching a stopped vehicle;
(b) Failed to keep a proper look-out;
(c) Engaged in distracted driving while using his cellphone;
(d) Failed to maintain control over his vehicle;
(e) Failed to maintain a safe distance between his vehicle and Plaintiffs’;
(f) Failed to take proper evasive action; and
(g) Failed to exercise ordinary care as a reasonably prudent person would have
done under the same or similar circumstances.
5.2 Each of the foregoing negligent acts and/or omissions, individually or in combination,
proximately caused the injuries and damages that are the basis of this lawsuit.
VI.
Second Cause of Action — Southern Star Incorporated
6.1 At the time of the collision in question, Defendant Southern Star Incorporated was the
employer of Defendant LeDarius Wright who was acting in the course and scope of his
employment. Southern Star Incorporated permitted Defendant LeDarius Wright to operate the
company vehicle on the public streets and highways of Texas, and Defendant LeDarius Wright
operated it with the knowledge, consent, and permission of Defendant Southern Star Incorporated.
At such time, and in particular, at the time of the collision, Defendant LeDarius Wright was
PLAINTIFFS’ ORIGINAL PETITION Page 3
incompetent and unfit to safely operate a motor vehicle on the public streets and highways.
Defendant Southern Star Incorporated knew, or in the exercise of due care, should have known,
that Defendant LeDarius Wright was an incompetent and unfit driver and would create an
unreasonable risk of danger to persons and property on the public streets and highways of Texas.
6.2 As Defendant LeDarius Wright was acting in the scope and course of his employment at
the time of the incident, Defendant Southern Star Incorporated is vicariously liable for acts and
omissions and injuries caused by its employee. In addition, Defendant Southern Star Incorporated
failed to exercise care or act as a reasonably prudent employer would have acted under similar
circumstances, in that it:
(a) Failed to train its employee;
(b) Failed to manage its employee; and
(c) Failed to hire or retain an employee that was competent and/or properly
trained to perform required activities.
6.3 Each of the foregoing negligent acts and/or omissions, individually or in combination,
proximately caused the injuries and damages that are the basis of this lawsuit.
VII.
Damages
7.1 As a result of Defendants’ joint and several negligence, Plaintiffs, suffered and seek the
following damages:
(a) Past and Future Medical Expenses: Plaintiffs have suffered bodily injuries
causing them to incur medical expenses. The medical expenses were
incurred for necessary care and treatment of the injuries complained of
herein. The charges are reasonable and were the usual and customary
charges for the same or similar services at the time and place rendered. It is
reasonably anticipated that Plaintiffs will incur additional and future
medical bills for treatment of injuries related to this incident;
(b) Past and Future Physical Pain and Mental Anguish: Plaintiffs endured
severe physical pain and mental anguish in the past and will continue to
PLAINTIFFS’ ORIGINAL PETITION Page 4
endure physical pain and mental anguish in the future;
(c) Past and Future Physical Impairment: Plaintiffs suffered physical
impairment in the past and will continue to suffer physical impairment in
the future; and
(d) Lost wages: Plaintiffs’ injuries caused them to lose time from work and
suffer a wage loss.
7.2 By reason of the above and foregoing, Plaintiffs have been damaged in a sum that is within
the jurisdictional limits of this Court, for which Plaintiff hereby sues.
7.3 Pursuant to Rule 47(c), Plaintiffs seek monetary relief over $250,000 but not more than
$1,000,000 including damages of any kind, penalties, costs, expenses, pre-judgment interest, and
attorneys' fees. At this time, no discovery has been conducted and Plaintiffs’ assertion is made
upon knowledge and belief.
VII.
Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that Defendants be served
with this Petition and that after final trial or hearing of this cause that Plaintiffs recover from
Defendants, jointly and severally:
(a) Judgment for all economic and non-economic damages, liquidated and
unliquidated, in an amount Within the jurisdictional limits of this Court;
(b) Prejudgment interest at the maximum rate allowed by law;
(c) Post-judgment interest at the maximum rate allowed by law;
(d) Costs of suit; and
(e) Such other and further relief, in law or equity, to which Plaintiff may show
themselves to be justly entitled.
PLAINTIFFS’ ORIGINAL PETITION Page 5
Respectfully Submitted,
THE LAW OFFICES OF TIM O’HARE
RICHARD B. WATERHOUSE
SBN: 00788624
Nicholas Chrestopoulos
SBN: 24102988
1038 S. Elm Street
Carrollton, Texas 75006
Tel: (972) 960-0000
Fax: (972) 960-1330
Email: rick@oharelawfirm.com
ATTORNEY FOR PLAINTIFF
PLAINTIFFS’ ORIGINAL PETITION Page 6
Preview
FILED 5/2/2023 11:36 AM FELICIA PITRE 2 CIT ESERVE DISTRICT CLERK DALLAS 00., TEXAS Shunta Jackson DEPUTY DC-23-05787 CAUSE N0. DIANA DONALDSON and § IN THE DISTRICT COURT MARRIEANN PETTY-ALFARO, § Plaintiffs, § § VS. § DALLAS COUNTY, TEXAS § LEDARIUS WRIGHT and SOUTHERN § STAR INCORPORATED, §4th Defendants. § JUDICIAL DISTRICT PLAINTIFFS’ ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintiffs, Diana Donaldson and Marrieann Petty-Alfaro, and for causes of action against Defendants, LeDarius Wright and Southern Star Incorporated, and in support, would show the Court as follows: I. Discovery Control Plan 1.1 Pursuant to the Texas Rules of Civil Procedure, Plaintiffs contend that discovery is to be conducted under Level 3 Discovery Control Plan. H. Parties 2.1 Plaintiff, Diana Donaldson, is a resident of Carrollton, Dallas County, Texas. The last three digits of her driver’s license are 995 and the last three digits of her social security number are 502. 2.2 Plaintiff, Marrieann Petty-Alfaro, is a resident of Lewisville, Denton County, Texas. The last three digits of her driver’s license are 636 and the last three digits of her social security number are 238. PLAINTIFFS’ ORIGINAL PETITION Page 1 2.3 Defendant, LeDarius Wright, is an individual and a resident of Houston, Hanis County, Texas. The last three digits of his Texas Driver’s License are 730. Service of process may be served on LeDarius Wright at his last known residence: 12850 Perrv Road, Apt 10303. Houston, Texas m, or wherever he may be found by PRIVATE PROCESS SERVICE. Issuance of citation is reguested at this time. 2.4 Defendant, Southern Star Incorporated, is a foreign for profit corporation duly authorized to conduct business in the State of Texas with its principal place of business located at P.O. Box 1362 Poteau Oklahoma 74953, and may be served through its registered agent National Registered Agents, Inc. at its last known registered office address: 1999 Bryan Street Suite 900, Dallas, Texas 75201, or wherever it may be found by private service. Isilance of citat_ion is requested at this time. III. Venue & Jurisdiction 3.1 This Court has jurisdiction over the parties and venue is in Dallas County, Texas, because the Incident that is the subject of this suit occurred in Dallas County, Texas. 3.2 Additionally, this Court has jurisdiction over the subject matter because the damages sought by Plaintiff are Within the jurisdictional limits of this Court. IV. Facts 4.1 On July 13, 2021, at approximately 5:55 p.m., Plaintiffs was sitting in a vehicle while parked in front of Plaintiff Diana Donaldson’s home, located in a cul-de-sac, in the 1508 block of Crockett Circle in Carrollton, Dallas County, Texas. At the same time, Defendant, LeDarius Wright, was traveling in the same cul-de-sac and approaching the vehicle Plaintiffs was sitting in. Suddenly and without warning, Defendant LeDarius Wright, failed to slow down, and struck the PLAINTIFFS’ ORIGINAL PETITION Page 2 passenger’s side of the vehicle Plaintiffs were sitting in. The force of the collision caused injuries and damages to Plaintiffs. V. First Cause of Action — LeDarius Wrigm 5.1 The Incident that is the basis of this suit was proximately caused by the negligence of Defendant, LeDarius Wright, in that he failed to exercise ordinary care or act as a reasonably prudent driver would have acted under the same or similar circumstances, in that he: (a) Failed to slow down when approaching a stopped vehicle; (b) Failed to keep a proper look-out; (c) Engaged in distracted driving while using his cellphone; (d) Failed to maintain control over his vehicle; (e) Failed to maintain a safe distance between his vehicle and Plaintiffs’; (f) Failed to take proper evasive action; and (g) Failed to exercise ordinary care as a reasonably prudent person would have done under the same or similar circumstances. 5.2 Each of the foregoing negligent acts and/or omissions, individually or in combination, proximately caused the injuries and damages that are the basis of this lawsuit. VI. Second Cause of Action — Southern Star Incorporated 6.1 At the time of the collision in question, Defendant Southern Star Incorporated was the employer of Defendant LeDarius Wright who was acting in the course and scope of his employment. Southern Star Incorporated permitted Defendant LeDarius Wright to operate the company vehicle on the public streets and highways of Texas, and Defendant LeDarius Wright operated it with the knowledge, consent, and permission of Defendant Southern Star Incorporated. At such time, and in particular, at the time of the collision, Defendant LeDarius Wright was PLAINTIFFS’ ORIGINAL PETITION Page 3 incompetent and unfit to safely operate a motor vehicle on the public streets and highways. Defendant Southern Star Incorporated knew, or in the exercise of due care, should have known, that Defendant LeDarius Wright was an incompetent and unfit driver and would create an unreasonable risk of danger to persons and property on the public streets and highways of Texas. 6.2 As Defendant LeDarius Wright was acting in the scope and course of his employment at the time of the incident, Defendant Southern Star Incorporated is vicariously liable for acts and omissions and injuries caused by its employee. In addition, Defendant Southern Star Incorporated failed to exercise care or act as a reasonably prudent employer would have acted under similar circumstances, in that it: (a) Failed to train its employee; (b) Failed to manage its employee; and (c) Failed to hire or retain an employee that was competent and/or properly trained to perform required activities. 6.3 Each of the foregoing negligent acts and/or omissions, individually or in combination, proximately caused the injuries and damages that are the basis of this lawsuit. VII. Damages 7.1 As a result of Defendants’ joint and several negligence, Plaintiffs, suffered and seek the following damages: (a) Past and Future Medical Expenses: Plaintiffs have suffered bodily injuries causing them to incur medical expenses. The medical expenses were incurred for necessary care and treatment of the injuries complained of herein. The charges are reasonable and were the usual and customary charges for the same or similar services at the time and place rendered. It is reasonably anticipated that Plaintiffs will incur additional and future medical bills for treatment of injuries related to this incident; (b) Past and Future Physical Pain and Mental Anguish: Plaintiffs endured severe physical pain and mental anguish in the past and will continue to PLAINTIFFS’ ORIGINAL PETITION Page 4 endure physical pain and mental anguish in the future; (c) Past and Future Physical Impairment: Plaintiffs suffered physical impairment in the past and will continue to suffer physical impairment in the future; and (d) Lost wages: Plaintiffs’ injuries caused them to lose time from work and suffer a wage loss. 7.2 By reason of the above and foregoing, Plaintiffs have been damaged in a sum that is within the jurisdictional limits of this Court, for which Plaintiff hereby sues. 7.3 Pursuant to Rule 47(c), Plaintiffs seek monetary relief over $250,000 but not more than $1,000,000 including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorneys' fees. At this time, no discovery has been conducted and Plaintiffs’ assertion is made upon knowledge and belief. VII. Prayer WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that Defendants be served with this Petition and that after final trial or hearing of this cause that Plaintiffs recover from Defendants, jointly and severally: (a) Judgment for all economic and non-economic damages, liquidated and unliquidated, in an amount Within the jurisdictional limits of this Court; (b) Prejudgment interest at the maximum rate allowed by law; (c) Post-judgment interest at the maximum rate allowed by law; (d) Costs of suit; and (e) Such other and further relief, in law or equity, to which Plaintiff may show themselves to be justly entitled. PLAINTIFFS’ ORIGINAL PETITION Page 5 Respectfully Submitted, THE LAW OFFICES OF TIM O’HARE RICHARD B. WATERHOUSE SBN: 00788624 Nicholas Chrestopoulos SBN: 24102988 1038 S. Elm Street Carrollton, Texas 75006 Tel: (972) 960-0000 Fax: (972) 960-1330 Email: rick@oharelawfirm.com ATTORNEY FOR PLAINTIFF PLAINTIFFS’ ORIGINAL PETITION Page 6