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CAUSE NO. ____________________
LEVI ANTHONY IN THE DISTRICT COURT OF
Plaintiff
DANNY LUTHER REX JR. MONTGOMERY COUNTY, TEXAS
Defendant _____ JUDICIAL DISTRICT
LAINTIFF RIGINAL ETITION ULE OTICE EQUEST FOR EQUIRED
ISCLOSURES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, PLAINTIFF, LEVI ANTHONY (“Plaintiff”), in the above styled and
numbered cause of action, and files this, h Original Petition, Rule 193.7 Notice, and Request for
Disclosure, complaining of DEFENDANT, DANNY LUTHER REX JR., and in support hereof,
would show unto this Honorable Court the following:
ISCOVERY ONTROL LAN
Discovery is intended to be conducted under Level 2 of the Texas Rules of Civil
Procedure 190.3.
ARTIES
Plaintiff LEVI ANTHONY is a Texas resident and currently reside in
Montgomery County Texas
Defendant, DANNY LUTHER REX JR. is an individual and resident of the State
of Texas who can be served with process pursuant to TRCP 106(a)(1) by delivering to this
Defendant, in person, and/or mailing to this Defendant by registered or certified mail, return receipt
requested, a true copy and petition at h place of residence, 2450 Fostoria Tram Rd. Cleveland,
LAINTIFF RIGINAL ETITION ULE 193.7 OTICE EQUESTS FOR ISCLOSURES
TX 77328. Issuance of citation is requested at this time and fee for said issuance has been paid
to the Montgomery County District Clerk.
III. MISNOMER/ALTER EGO
3.1 In the event any parties are misnamed or are not included herein, it is Plaintiff’s
contention that such was a “misidentification,” “misnomer,” and/or such parties are/were “alter
egos” of the parties named herein. Alternatively, Plaintiff contends that any “corporate veils”
should be pierced to hold such parties properly included in the interest of justice.
IV. JURISDICTION AND VENUE
4.1 This Court has subject matter jurisdiction over this lawsuit. Plaintiff’s claims
involve Texas statutory and common law.
4.2 This Court has jurisdiction in this cause since the damages to Plaintiff are within
the jurisdictional limits of this Court. Pursuant to Rule 47 of the Texas Rules of Civil Procedure,
Plaintiff seeks only monetary relief of over $250,000.00 but not more than $1,000,000, including
damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees.
4.3 All or a substantial part of the events or omissions giving rise to the claim occurred
in Montgomery County, Texas. Therefore, venue is proper pursuant to § 15.001 and § 15.002(a)(1)
of the Texas Civil Practice & Remedies Code. Additionally, the facts show that the convenience
of the parties and the witnesses and the interest of justice would be best served in Montgomery
County, Texas.
V. FACTS & BACKGROUND
5.1 This suit is brought under and by virtue of the laws of the State of Texas to recover
those damages which Plaintiff is justly entitled to receive as compensation for injuries he sustained
in an automobile collision in Montgomery County, Texas on or about May 8, 2021.
PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 2
5.2 On the above referenced date, Plaintiff was driving West Bound in the 2100 Block
of East Davis Street and the Defendant was travelling East Bound on the same street. The
Defendant lost his front left wheel, failed to maintain his lane, and entered the lane of oncoming
traffic and suddenly without warning struck the Plaintiff’s vehicle causing the Plaintiff to suffer
severe personal injuries including but not limited to his face, ears, neck, shoulder back, chest arms
and hands.
VI. DEFENDANT’S NEGLIGENCE
6.1 At the time of the incident, Defendant had the duty to exercise ordinary care and
operate the vehicle he was driving reasonably and prudently. Defendant breached that duty in one
or more of the following ways:
a. Failing to maintain a proper lookout;
b. Failure to maintain a single lane;
c. Driving the vehicle at a rate of speed greater than that at which an ordinary
and prudent person would have driven under the same or similar
circumstances;
d. Failing to stop before colliding with Plaintiff’s vehicle;
e. Failing to timely apply brakes;
f. Failing to take evasive action;
g. Failing to act as a reasonable person using ordinary care in the same or
similar circumstances;
h. Failing to keep his vehicle properly maintained;
i. Driver inattention, including but not limited to using or attempting to use a
mobile device; and/or
j. Other acts and/or omissions constituting negligence that will be proved by
the evidence at trial.
6.2 Each and all of the above acts and/or omissions constituted negligence and/or
PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 3
negligence per se, and each and all were a proximate cause of the collision made the basis of this
suit and the injuries and damages suffered by the Plaintiff herein.
VII. DAMAGES
7.1 Due to the above and foregoing, Plaintiff has suffered actual damages in excess of
the minimum jurisdictional limits of the Court in which Plaintiff now brings suit. Defendant’s
conduct was the proximate and producing cause of Plaintiff’s injuries and damages.
7.2 As a result of Defendant’s conduct, Plaintiff seeks damages for all court costs and
attorneys’ fees incurred through trial and appeal.
7.3 As a result of the incident made the basis of this lawsuit described in the preceding
paragraphs and the negligence of Defendant, Plaintiff respectfully requests that the Court
determine the amount of Plaintiff’s damages and losses that Plaintiff has incurred in the past and
will reasonably incur in the future, as well as the monetary value of these damages, which include,
but are not limited to:
a. Physical pain;
b. Mental anguish;
c. Physical impairment;
d. Medical care expenses;
e. Out-of-pocket economic losses and/or loss of opportunity;
f. Loss of past earning capacity and/or lost wages;
g. Loss of enjoyment of life
h. Disfigurement; and
i. All other relief to which Plaintiff may show himself justly entitled.
PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 4
7.4 Plaintiff seeks both prejudgment and post judgment interest as allowed by law, for
all costs of court, and all other relief, both at law and in equity, to which he may be entitled.
VIII. RULE 193. 7 NOTICE
8.1 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives
actual notice to Defendant that any and all documents produced by Defendant may be used against
Defendant at any pretrial proceeding and/or at the trial of this matter without the necessity of
authenticating the documents.
IX. REQUESTS FOR DISCLOSURE AND PRODUCTION
9.1 Pursuant to Texas Rule of Civil Procedure 194 effective January 1, 2021, Defendant
must disclose, within thirty (30) days after the filing of the first answer or general appearance, the
information or material described in Texas Rules of Civil Procedure 194.2, 194.3, and 194.4.
Defendant must serve written responses to these required initial disclosures and production on
Plaintiff at the office of Plaintiff’s counsel, within thirty (30) days after the filing of the first answer
or general appearance. Failure to respond timely shall constitute an abuse of discovery pursuant
to Texas Rule of Civil Procedure 215.
X. PRAYER
10.1 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be
cited in terms of law to appear and answer herein, that upon final trial and hearing hereof, that
Plaintiff recovers damages in accordance with the evidence, that Plaintiff recovers costs of court
herein expended, that Plaintiff recovers interest to which Plaintiff is justly entitled under the law,
and for such other further relief, both general and special, both in law and in equity, to which
Plaintiff may be justly entitled.
PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 5
Respectfully submitted,
THE AMARO LAW FIRM
_________________________
Anna J. McMullen
SBN: 24109535
2500 E. T C Jester Blvd., Ste. 525
Houston, Texas 77008
713.864.1941 tel.
713.864.1942 fax
fax@amarolawfirm.com
ATTORNEY FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 6
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CAUSE NO. ____________________ LEVI ANTHONY IN THE DISTRICT COURT OF Plaintiff DANNY LUTHER REX JR. MONTGOMERY COUNTY, TEXAS Defendant _____ JUDICIAL DISTRICT LAINTIFF RIGINAL ETITION ULE OTICE EQUEST FOR EQUIRED ISCLOSURES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, PLAINTIFF, LEVI ANTHONY (“Plaintiff”), in the above styled and numbered cause of action, and files this, h Original Petition, Rule 193.7 Notice, and Request for Disclosure, complaining of DEFENDANT, DANNY LUTHER REX JR., and in support hereof, would show unto this Honorable Court the following: ISCOVERY ONTROL LAN Discovery is intended to be conducted under Level 2 of the Texas Rules of Civil Procedure 190.3. ARTIES Plaintiff LEVI ANTHONY is a Texas resident and currently reside in Montgomery County Texas Defendant, DANNY LUTHER REX JR. is an individual and resident of the State of Texas who can be served with process pursuant to TRCP 106(a)(1) by delivering to this Defendant, in person, and/or mailing to this Defendant by registered or certified mail, return receipt requested, a true copy and petition at h place of residence, 2450 Fostoria Tram Rd. Cleveland, LAINTIFF RIGINAL ETITION ULE 193.7 OTICE EQUESTS FOR ISCLOSURES TX 77328. Issuance of citation is requested at this time and fee for said issuance has been paid to the Montgomery County District Clerk. III. MISNOMER/ALTER EGO 3.1 In the event any parties are misnamed or are not included herein, it is Plaintiff’s contention that such was a “misidentification,” “misnomer,” and/or such parties are/were “alter egos” of the parties named herein. Alternatively, Plaintiff contends that any “corporate veils” should be pierced to hold such parties properly included in the interest of justice. IV. JURISDICTION AND VENUE 4.1 This Court has subject matter jurisdiction over this lawsuit. Plaintiff’s claims involve Texas statutory and common law. 4.2 This Court has jurisdiction in this cause since the damages to Plaintiff are within the jurisdictional limits of this Court. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiff seeks only monetary relief of over $250,000.00 but not more than $1,000,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. 4.3 All or a substantial part of the events or omissions giving rise to the claim occurred in Montgomery County, Texas. Therefore, venue is proper pursuant to § 15.001 and § 15.002(a)(1) of the Texas Civil Practice & Remedies Code. Additionally, the facts show that the convenience of the parties and the witnesses and the interest of justice would be best served in Montgomery County, Texas. V. FACTS & BACKGROUND 5.1 This suit is brought under and by virtue of the laws of the State of Texas to recover those damages which Plaintiff is justly entitled to receive as compensation for injuries he sustained in an automobile collision in Montgomery County, Texas on or about May 8, 2021. PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 2 5.2 On the above referenced date, Plaintiff was driving West Bound in the 2100 Block of East Davis Street and the Defendant was travelling East Bound on the same street. The Defendant lost his front left wheel, failed to maintain his lane, and entered the lane of oncoming traffic and suddenly without warning struck the Plaintiff’s vehicle causing the Plaintiff to suffer severe personal injuries including but not limited to his face, ears, neck, shoulder back, chest arms and hands. VI. DEFENDANT’S NEGLIGENCE 6.1 At the time of the incident, Defendant had the duty to exercise ordinary care and operate the vehicle he was driving reasonably and prudently. Defendant breached that duty in one or more of the following ways: a. Failing to maintain a proper lookout; b. Failure to maintain a single lane; c. Driving the vehicle at a rate of speed greater than that at which an ordinary and prudent person would have driven under the same or similar circumstances; d. Failing to stop before colliding with Plaintiff’s vehicle; e. Failing to timely apply brakes; f. Failing to take evasive action; g. Failing to act as a reasonable person using ordinary care in the same or similar circumstances; h. Failing to keep his vehicle properly maintained; i. Driver inattention, including but not limited to using or attempting to use a mobile device; and/or j. Other acts and/or omissions constituting negligence that will be proved by the evidence at trial. 6.2 Each and all of the above acts and/or omissions constituted negligence and/or PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 3 negligence per se, and each and all were a proximate cause of the collision made the basis of this suit and the injuries and damages suffered by the Plaintiff herein. VII. DAMAGES 7.1 Due to the above and foregoing, Plaintiff has suffered actual damages in excess of the minimum jurisdictional limits of the Court in which Plaintiff now brings suit. Defendant’s conduct was the proximate and producing cause of Plaintiff’s injuries and damages. 7.2 As a result of Defendant’s conduct, Plaintiff seeks damages for all court costs and attorneys’ fees incurred through trial and appeal. 7.3 As a result of the incident made the basis of this lawsuit described in the preceding paragraphs and the negligence of Defendant, Plaintiff respectfully requests that the Court determine the amount of Plaintiff’s damages and losses that Plaintiff has incurred in the past and will reasonably incur in the future, as well as the monetary value of these damages, which include, but are not limited to: a. Physical pain; b. Mental anguish; c. Physical impairment; d. Medical care expenses; e. Out-of-pocket economic losses and/or loss of opportunity; f. Loss of past earning capacity and/or lost wages; g. Loss of enjoyment of life h. Disfigurement; and i. All other relief to which Plaintiff may show himself justly entitled. PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 4 7.4 Plaintiff seeks both prejudgment and post judgment interest as allowed by law, for all costs of court, and all other relief, both at law and in equity, to which he may be entitled. VIII. RULE 193. 7 NOTICE 8.1 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives actual notice to Defendant that any and all documents produced by Defendant may be used against Defendant at any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating the documents. IX. REQUESTS FOR DISCLOSURE AND PRODUCTION 9.1 Pursuant to Texas Rule of Civil Procedure 194 effective January 1, 2021, Defendant must disclose, within thirty (30) days after the filing of the first answer or general appearance, the information or material described in Texas Rules of Civil Procedure 194.2, 194.3, and 194.4. Defendant must serve written responses to these required initial disclosures and production on Plaintiff at the office of Plaintiff’s counsel, within thirty (30) days after the filing of the first answer or general appearance. Failure to respond timely shall constitute an abuse of discovery pursuant to Texas Rule of Civil Procedure 215. X. PRAYER 10.1 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited in terms of law to appear and answer herein, that upon final trial and hearing hereof, that Plaintiff recovers damages in accordance with the evidence, that Plaintiff recovers costs of court herein expended, that Plaintiff recovers interest to which Plaintiff is justly entitled under the law, and for such other further relief, both general and special, both in law and in equity, to which Plaintiff may be justly entitled. PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 5 Respectfully submitted, THE AMARO LAW FIRM _________________________ Anna J. McMullen SBN: 24109535 2500 E. T C Jester Blvd., Ste. 525 Houston, Texas 77008 713.864.1941 tel. 713.864.1942 fax fax@amarolawfirm.com ATTORNEY FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUESTS FOR DISCLOSURES 6 55