Preview
FILED
1 CIT ESERVE 5/15/2023 1:52 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY
Cause No. DC-23-00820
JORGE VIGIL § IN THE DISTRICT COURT
Plaintiff, §
§
vs. § DALLAS COUNTY, TEXAS
§
LAZERICK WELLS §
Defendant. § 134th JUDICIAL DISTRICT
PLAINTIFF’S FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF THIS COURT:
COMES NOW, Plaintiff JORGE VIGIL (hereinafter "Plaintiff') and files this, his
Original Petition, complaining of LAZERICK DEVINCE WELLS and CANDISE GREEN
and respectfully shows as follows:
I.
DISCOVERY CONTROL PLAN
Pursuant to Texas Rule of Civil Procedure 190.4, discovery in this suit is to be conducted
under Level 3.
II.
RULE 47 STATEMENT OF MONETARY RELIEF SOUGHT
As required by Rule 47(b) of the Texas Rules of Civil Procedure, the damages sought are
within the jurisdictional limits of this Court. As required by Rule 47(c) of the Texas Rules of
Civil Procedure, Plaintiff seeks monetary relief over $250,000 but not more than $1,000,000.
TEX. R. CIV. P. 47(c)(3). The amount of monetary relief actually awarded, however, will
ultimately be decided by a jury. Plaintiff also seeks prejudgment and post-judgment interest at
the highest allowable legal rate
III.
PARTIES
Plaintiff JORGE VIGIL is an individual residing in Dallas County, Texas.
Defendant LAZERICK DEVINCE WELLS is an individual residing in Dallas County, at
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425 Marilu Street, Richardson, Texas 75080. He may be served at his place of residence of 425
Marilu Street, Richardson, Texas 75080.
Defendant CANDISE GREEN is an individual residing in Dallas County and may be
served at her place of residence of 425 Marilu Street, Richardson, Texas 75080. CITATION
REQUESTED.
IV.
VENUE
Venue is proper in the District Court of Dallas County according to Texas Civil Practice
& Remedies Code section 15.002(a) because all or a substantial part of the events or omissions
giving rise to the claim occurred in Dallas County.
V.
FACTS
On or about March 24, 2021, at approximately 2:00 p.m., Plaintiff was traveling north on
N. Jupiter Road. He made a left turn onto W. Buckingham Road on a green light. The
Defendant was traveling south on N. Juniper Road and made a right turn onto W. Buckingham
Road, failing to yield the right of way to plaintiff. Defendant hit the back passenger area of
Plaintiff’s vehicle. Defendant, LAZERICK DEVINCE WELLS, was driving Defendant,
CANDISE GREEN’S, vehicle when this accident happened.
VI.
NEGLIGENCE OF DEFENDANT LAZERICK DEVINCE WELLS
On the occasion in question, Defendant operated the vehicle he was driving in a negligent
manner in that he breached a duty he owed to Plaintiff to exercise ordinary care in the operation
of his motor vehicle in the following particulars:
1. in failing to keep a proper lookout for the Plaintiff’s safety that would have been
maintained by a person of ordinary prudence under the same or similar circumstances;
2. in failing to apply the brakes of his vehicle in order to avoid the collision in question;
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3. in failing to timely apply the brakes of his vehicle in order to avoid the collision in
question;
4. in failing to turn his vehicle to the left or right in order to avoid the collision in question;
5. in failing to remain reasonably attentive to the traffic and other conditions existing on the
roadway as a reasonably prudent person would have been under the same or similar
circumstances;
6. in failing to sound his horn;
7. in his inattention to the operation of his vehicle;
8. in failing to yield the right of way of Plaintiff;
9. in failing to stop, yield, and grant immediate use of an intersection in obedience to an
official traffic-control device, in violation of Texas Transportation Code §545.151,
§545.151(a)(1)(A);
10. in failing to enter an intersection safely without interference to traffic or a collision. This
is in violation of Texas Transportation Code §545.151, §545.152, and §545.153;
11. in failing to yield the right of way of Plaintiff. This is in violation of Texas
Transportation Code §454.152 and §545.153;
12. in failing to comply with applicable official traffic-control devices in violation of Texas
Transportation Code §544.004; and
13. in his inattention to road signs and traffic lights.
Each of such acts and omissions, singularly or in combination with others constituted
negligence and negligence per se which proximately caused the collision and the injuries which
Plaintiff suffered. Defendant LAZERICK DEVINCE WELLS inexcusably violated Texas
statutes that were designed to prevent injuries to a class of persons which Plaintiff belonged.
Further Plaintiff suffered injuries which the statutes were intended to prevent.
VII.
NEGLIGENCE OF DEFENDANT CANDISE GREEN
Defendant CANDISE GREEN committed acts and/or omissions, singularly or in
combination with others, which constitute negligence and gross negligence and proximately
caused the occurrence made the basis of this action and which resulted in the injuries sustained
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by Plaintiff herein. Defendant CANDISE GREEN breached the duty owed to Plaintiff to exercise
reasonable care by committing the following acts and/ or omission, including, but not limited to:
Negligently entrusting the vehicle to LAZERICK DEVINCE WELLS. The foregoing acts and
omissions were the producing and proximate cause of Plaintiff’s injuries and damages.
On the occasion in question, Defendant LAZERICK DEVINCE WELLS operated the
vehicle, owned by Defendant CANDISE GREEN. Defendant CANDISE GREEN had
knowledge that LAZERICK DEVINCE WELLS did not have a valid driver’s license, was an
incompetent driver, and/or was a reckless driver. Despite having this knowledge, Defendant
CANDISE GREEN still entrusted the vehicle to Defendant LAZERICK DEVINCE WELLS to
drive. While Defendant LAZERICK DEVINCE WELLS was driving the vehicle owned and
controlled by Defendant CANDISE GREEN, he struck Plaintiff’s vehicle. Defendant
LAZERICK DEVINCE WELLS’ negligence proximately caused the above-mentioned accident
and injuries to Plaintiff. The acts and omissions, singularly or in combination with others, of
Defendant CANDISE GREEN constituted negligence, gross negligence, and negligence per se
which proximately caused the collision injuries of Plaintiff.
VII.
PLAINTIFF’S DAMAGES
As a direct and proximate result of the acts and omissions of Defendants, Plaintiff has
suffered bodily injuries and damages. As a result of those injuries and damages, Plaintiff seeks
the following:
a. Reasonable and necessary medical expenses incurred in the past and likely to be incurred
in the future;
b. Physical pain and mental anguish sustained in the past and likely to be sustained in the
future;
c. Physical disfigurement sustained in the past and likely to be sustained in the future;
d. Physical impairment sustained in the past and likely to be sustained in the future;
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e. Lost wages in the past and likely in the future;
f. Lost earning capacity both in the past and in the future;
g. Prejudgment interest;
h. Post-judgment interest;
i. Cost of court; and
j. All other relief, special or general, legal or equitable, to which Plaintiff is justly entitled.
VIII.
NOTICE OF INTENT TO USE DOCUMENTS PRODUCED AT ANY PRE-TRIAL
PROCEEDING AND/OR AT TRIAL
Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby
gives notice to Defendant of his intent to use all documents exchanged and produced between the
parties (including, but not limited to, correspondence, pleadings, records, and discovery
responses) during any pre-trial proceeding and at the trial of this cause.
IX.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to
appear and answer herein and upon the trial of this cause, Plaintiff has judgment against
Defendants for all of his damages as set out herein, prejudgment interest at the highest legal rate
allowed by law, post-judgment interest at the highest legal rate allowed by law, all costs of court,
and for such other and further relief, both general and special, at law or in equity, to which
Plaintiff may be justly entitled.
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Respectfully submitted,
Hernandez Law Group
By:
Gina L. Giblin
Texas Bar Number 00787532
Juan C. Hernandez
Texas Bar Number 24002270
16850 Dallas Parkway
Dallas, Texas 75248
214-900-0000 Main Telephone
972-234-7801 Direct Line
972-234-7801 Telefax
gina@juanlaw.com
ATTORNEYS FOR PLAINTIFFS
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Preview
FILED 1 CIT ESERVE 5/15/2023 1:52 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Jenifer Trujillo DEPUTY Cause No. DC-23-00820 JORGE VIGIL § IN THE DISTRICT COURT Plaintiff, § § vs. § DALLAS COUNTY, TEXAS § LAZERICK WELLS § Defendant. § 134th JUDICIAL DISTRICT PLAINTIFF’S FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF THIS COURT: COMES NOW, Plaintiff JORGE VIGIL (hereinafter "Plaintiff') and files this, his Original Petition, complaining of LAZERICK DEVINCE WELLS and CANDISE GREEN and respectfully shows as follows: I. DISCOVERY CONTROL PLAN Pursuant to Texas Rule of Civil Procedure 190.4, discovery in this suit is to be conducted under Level 3. II. RULE 47 STATEMENT OF MONETARY RELIEF SOUGHT As required by Rule 47(b) of the Texas Rules of Civil Procedure, the damages sought are within the jurisdictional limits of this Court. As required by Rule 47(c) of the Texas Rules of Civil Procedure, Plaintiff seeks monetary relief over $250,000 but not more than $1,000,000. TEX. R. CIV. P. 47(c)(3). The amount of monetary relief actually awarded, however, will ultimately be decided by a jury. Plaintiff also seeks prejudgment and post-judgment interest at the highest allowable legal rate III. PARTIES Plaintiff JORGE VIGIL is an individual residing in Dallas County, Texas. Defendant LAZERICK DEVINCE WELLS is an individual residing in Dallas County, at 1 425 Marilu Street, Richardson, Texas 75080. He may be served at his place of residence of 425 Marilu Street, Richardson, Texas 75080. Defendant CANDISE GREEN is an individual residing in Dallas County and may be served at her place of residence of 425 Marilu Street, Richardson, Texas 75080. CITATION REQUESTED. IV. VENUE Venue is proper in the District Court of Dallas County according to Texas Civil Practice & Remedies Code section 15.002(a) because all or a substantial part of the events or omissions giving rise to the claim occurred in Dallas County. V. FACTS On or about March 24, 2021, at approximately 2:00 p.m., Plaintiff was traveling north on N. Jupiter Road. He made a left turn onto W. Buckingham Road on a green light. The Defendant was traveling south on N. Juniper Road and made a right turn onto W. Buckingham Road, failing to yield the right of way to plaintiff. Defendant hit the back passenger area of Plaintiff’s vehicle. Defendant, LAZERICK DEVINCE WELLS, was driving Defendant, CANDISE GREEN’S, vehicle when this accident happened. VI. NEGLIGENCE OF DEFENDANT LAZERICK DEVINCE WELLS On the occasion in question, Defendant operated the vehicle he was driving in a negligent manner in that he breached a duty he owed to Plaintiff to exercise ordinary care in the operation of his motor vehicle in the following particulars: 1. in failing to keep a proper lookout for the Plaintiff’s safety that would have been maintained by a person of ordinary prudence under the same or similar circumstances; 2. in failing to apply the brakes of his vehicle in order to avoid the collision in question; 2 3. in failing to timely apply the brakes of his vehicle in order to avoid the collision in question; 4. in failing to turn his vehicle to the left or right in order to avoid the collision in question; 5. in failing to remain reasonably attentive to the traffic and other conditions existing on the roadway as a reasonably prudent person would have been under the same or similar circumstances; 6. in failing to sound his horn; 7. in his inattention to the operation of his vehicle; 8. in failing to yield the right of way of Plaintiff; 9. in failing to stop, yield, and grant immediate use of an intersection in obedience to an official traffic-control device, in violation of Texas Transportation Code §545.151, §545.151(a)(1)(A); 10. in failing to enter an intersection safely without interference to traffic or a collision. This is in violation of Texas Transportation Code §545.151, §545.152, and §545.153; 11. in failing to yield the right of way of Plaintiff. This is in violation of Texas Transportation Code §454.152 and §545.153; 12. in failing to comply with applicable official traffic-control devices in violation of Texas Transportation Code §544.004; and 13. in his inattention to road signs and traffic lights. Each of such acts and omissions, singularly or in combination with others constituted negligence and negligence per se which proximately caused the collision and the injuries which Plaintiff suffered. Defendant LAZERICK DEVINCE WELLS inexcusably violated Texas statutes that were designed to prevent injuries to a class of persons which Plaintiff belonged. Further Plaintiff suffered injuries which the statutes were intended to prevent. VII. NEGLIGENCE OF DEFENDANT CANDISE GREEN Defendant CANDISE GREEN committed acts and/or omissions, singularly or in combination with others, which constitute negligence and gross negligence and proximately caused the occurrence made the basis of this action and which resulted in the injuries sustained 3 by Plaintiff herein. Defendant CANDISE GREEN breached the duty owed to Plaintiff to exercise reasonable care by committing the following acts and/ or omission, including, but not limited to: Negligently entrusting the vehicle to LAZERICK DEVINCE WELLS. The foregoing acts and omissions were the producing and proximate cause of Plaintiff’s injuries and damages. On the occasion in question, Defendant LAZERICK DEVINCE WELLS operated the vehicle, owned by Defendant CANDISE GREEN. Defendant CANDISE GREEN had knowledge that LAZERICK DEVINCE WELLS did not have a valid driver’s license, was an incompetent driver, and/or was a reckless driver. Despite having this knowledge, Defendant CANDISE GREEN still entrusted the vehicle to Defendant LAZERICK DEVINCE WELLS to drive. While Defendant LAZERICK DEVINCE WELLS was driving the vehicle owned and controlled by Defendant CANDISE GREEN, he struck Plaintiff’s vehicle. Defendant LAZERICK DEVINCE WELLS’ negligence proximately caused the above-mentioned accident and injuries to Plaintiff. The acts and omissions, singularly or in combination with others, of Defendant CANDISE GREEN constituted negligence, gross negligence, and negligence per se which proximately caused the collision injuries of Plaintiff. VII. PLAINTIFF’S DAMAGES As a direct and proximate result of the acts and omissions of Defendants, Plaintiff has suffered bodily injuries and damages. As a result of those injuries and damages, Plaintiff seeks the following: a. Reasonable and necessary medical expenses incurred in the past and likely to be incurred in the future; b. Physical pain and mental anguish sustained in the past and likely to be sustained in the future; c. Physical disfigurement sustained in the past and likely to be sustained in the future; d. Physical impairment sustained in the past and likely to be sustained in the future; 4 e. Lost wages in the past and likely in the future; f. Lost earning capacity both in the past and in the future; g. Prejudgment interest; h. Post-judgment interest; i. Cost of court; and j. All other relief, special or general, legal or equitable, to which Plaintiff is justly entitled. VIII. NOTICE OF INTENT TO USE DOCUMENTS PRODUCED AT ANY PRE-TRIAL PROCEEDING AND/OR AT TRIAL Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives notice to Defendant of his intent to use all documents exchanged and produced between the parties (including, but not limited to, correspondence, pleadings, records, and discovery responses) during any pre-trial proceeding and at the trial of this cause. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to appear and answer herein and upon the trial of this cause, Plaintiff has judgment against Defendants for all of his damages as set out herein, prejudgment interest at the highest legal rate allowed by law, post-judgment interest at the highest legal rate allowed by law, all costs of court, and for such other and further relief, both general and special, at law or in equity, to which Plaintiff may be justly entitled. 5 Respectfully submitted, Hernandez Law Group By: Gina L. Giblin Texas Bar Number 00787532 Juan C. Hernandez Texas Bar Number 24002270 16850 Dallas Parkway Dallas, Texas 75248 214-900-0000 Main Telephone 972-234-7801 Direct Line 972-234-7801 Telefax gina@juanlaw.com ATTORNEYS FOR PLAINTIFFS 6