Preview
FILED
5/23/2023 4:46 PM
FELICIA PITRE
1 CIT/ES DISTRICT CLERK
DALLAS 00., TEXAS
Dc_23_06733 Gay Lane DEPUTY
CAUSE NO.
ROLAN DO MORGAN, § IN THE DISTRICT COURT
§
Plaintiff, §
134th
§
VS. § JUDICIAL DISTRICT
§
DESIREE MILLER, §
§
Defendant. § DALLAS COUNTY, TEXAS
§
PLAINTIFF'S ORIGINAL PETITION
AND REQUEST FOR DISCLOSURE
COMES NOW, ROLANDO MORGAN, Plaintiff in the above-entitled and numbered
cause of action, complaining of Defendant, DESIREE MILLER, and in support thereof would
respectfully show the Court as follows:
I.
DISCOVERY CONTROL PLAN (LEVEL 2)
1.1 Pursuant to TEX. RULE OF CIV. P. 190.3, the discovery of this case is to be conducted
under Level 2 Discovery Control Plan.
II.
PARTIES
2.1 Rolando Morgan (“Plaintiff”) is a resident of Dallas, Dallas County, Texas.
2.2 Desiree Miller (“Defendant”) is an individual resident of the State of Texas who
can be served with process pursuant to TEX. RULE OF CIV. P. 106(a)(1) and/or (2) by delivering to
the Defendant, in person, or mailing to the Defendant by registered or certified mail, return receipt
requested, a true copy of the citation and petition at his place of residence, 248 Barnes Dr #F
Garland, TX 75024.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 1
JURISDICTION and VENUE
3.1 This Court has jurisdiction in this cause since the damages to Plaintiff are within
the jurisdictional limits of this Court.
3.2 Venue is proper pursuant to TEX. CIV. PRAC. & REM. CODE § 15.002 because the
events giving rise to this suit occurred in Dallas County, Texas.
3.3 All conditions precedent have occurred.
IV.
CLAIM FOR RELIEF
4.1 Pursuant to TEX. RULE 0F CIV. P. 47(c)(3), Plaintiff s claim for monetary relief is
over $250,000.00 but not more than $1,000,000.00.
V.
FACTS
5.1 On or about October 8, 2021, Plaintiff was traveling on Peak Street in Dallas,
Texas. Defendant was also traveling on Peak Street in Dallas, Texas. Suddenly and without
warning, Defendant merged into Plaintiffs lane and struck Plaintiffs vehicle. This collision
caused severe injuries to Plaintiff.
VI.
NEGLIGENCE
6.1 On the occasion in question, Defendant operated the vehicle in a negligent manner
and violated the duty of care owed to the Plaintiff to exercise ordinary care in the operation of a
motor-vehicle, as follows:
a. In failing to yield the right of way in violations of TEX. TRANS. CODE § 545.152;
b. In failing to maintain a proper lookout as a person of ordinary prudence would
have maintained under the same or similar circumstances;
c. In failing to control the operation of said vehicle;
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 2
d. In failing to avoid the incident in question;
e. In operating the vehicle in an unsafe manner;
f. By driving at a speed greater than reasonable and prudent under the circumstances
then existing in Violations of TEX. TRANS. CODE § 545.351; and
g. Other acts or negligence and/or negligence per se.
6.2 The Defendant drove her vehicle at the time and on the occasion in question with
willful or wanton disregard for the safety of others, in violation of the laws of the State of Texas,
including TEX. TRANS. CODE §545 .401.
6.3 Each of the foregoing acts or omissions, whether taken singularly or in any
combination, constitutes negligence, and was a proximate cause of Plaintiff s injuries and damages
listed below. As a result, the Plaintiff is entitled to recover such damages as may be awarded by
the trier of fact, including punitive and exemplary damages.
VII.
DAMAGES
7.1 As a result of the incident made the basis of this lawsuit described in the preceding
paragraphs and the negligence and/or negligence per se of Defendant, Plaintiff sustained
significant injuries and damages in the past and will in reasonable probability sustain these
damages in the future.
7.2 Plaintiff respectfully requests that the trier of fact determine the amount of the
damages and losses that he 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 and mental anguish;
b. Disfigurement;
c. Physical impairment;
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 3
d. Medical care expenses;
e. Loss of earning capacity; and
f. Out-of—pocket economic losses.
VIII.
CLAIM FOR PREJUDGMENT
AND POST-JUDGMENT INTEREST
8.1 Plaintiff herein claims interest in accordance with TEX. FINANCE CODE §304.001
et seq. and any other applicable law.
IX.
REQUEST FOR DISCLOSURE
9.1 Request is made that Defendant disclose the information or material described in
TEX. RULE 0F CIV. P. 194.2 (b)(1)-(12).
X.
RULE 193.7 NOTICE
10.1 Pursuant to TEX. RULE OF CIV. P. 193.7, Plaintiff hereby gives notice to Defendant
that any and all documents produced may be used against the Defendant producing the document
at any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating
the documents.
PRAYER
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
recover damages in accordance with the evidence, that Plaintiff recover punitive or exemplary
damages, that Plaintiff recover costs of court herein expended, that Plaintiff recover 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 AND REQUEST FOR DISCLOSURE PAGE 4
Respectfully submitted,
@mwwflw F'ELIPE B. LINK
State Bar No. 24057968
E-Mail: flinkgQlinklaflpceom
DANIELLA ALVARADO
State Bar No. 24109584
E-Mail: dalvarado@1inklawpc.com
(Above emails are not for service 0f documents)
LINK & ASSOCIATES
10440 North Central Expy., Ste. 950
Dallas, Texas 75231
Telephone: (214) 214-3001
Facsimile: (214) 521 -587 1
Designated Service E-mail: e-filing@linklawpc.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF's ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGES
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Link & Associates E-Filing service on behalf of Daniella Alvarado
Bar No. 24109584
e-filing@linklawpc.com
Envelope ID: 75933319
Filing Code Description: Original Petition
Filing Description:
Status as of 5/24/2023 11:06 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Daniella R.Alvarado dalvarado@linklawpc.com 5/23/2023 4:46:32 PM SENT
Hannah Copening hannah@linklawpc.com 5/23/2023 4:46:32 PM SENT
Felipe B.Link flink@linklawpc.com 5/23/2023 4:46:32 PM SENT
Link & Associates E-Filing service e-filing@linklawpc.com 5/23/2023 4:46:32 PM SENT
Monica Isaac monica@linklawpc.com 5/23/2023 4:46:32 PM SENT
Sara Link sara@linklawpc.com 5/23/2023 4:46:32 PM SENT
Preview
FILED 5/23/2023 4:46 PM FELICIA PITRE 1 CIT/ES DISTRICT CLERK DALLAS 00., TEXAS Dc_23_06733 Gay Lane DEPUTY CAUSE NO. ROLAN DO MORGAN, § IN THE DISTRICT COURT § Plaintiff, § 134th § VS. § JUDICIAL DISTRICT § DESIREE MILLER, § § Defendant. § DALLAS COUNTY, TEXAS § PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE COMES NOW, ROLANDO MORGAN, Plaintiff in the above-entitled and numbered cause of action, complaining of Defendant, DESIREE MILLER, and in support thereof would respectfully show the Court as follows: I. DISCOVERY CONTROL PLAN (LEVEL 2) 1.1 Pursuant to TEX. RULE OF CIV. P. 190.3, the discovery of this case is to be conducted under Level 2 Discovery Control Plan. II. PARTIES 2.1 Rolando Morgan (“Plaintiff”) is a resident of Dallas, Dallas County, Texas. 2.2 Desiree Miller (“Defendant”) is an individual resident of the State of Texas who can be served with process pursuant to TEX. RULE OF CIV. P. 106(a)(1) and/or (2) by delivering to the Defendant, in person, or mailing to the Defendant by registered or certified mail, return receipt requested, a true copy of the citation and petition at his place of residence, 248 Barnes Dr #F Garland, TX 75024. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 1 JURISDICTION and VENUE 3.1 This Court has jurisdiction in this cause since the damages to Plaintiff are within the jurisdictional limits of this Court. 3.2 Venue is proper pursuant to TEX. CIV. PRAC. & REM. CODE § 15.002 because the events giving rise to this suit occurred in Dallas County, Texas. 3.3 All conditions precedent have occurred. IV. CLAIM FOR RELIEF 4.1 Pursuant to TEX. RULE 0F CIV. P. 47(c)(3), Plaintiff s claim for monetary relief is over $250,000.00 but not more than $1,000,000.00. V. FACTS 5.1 On or about October 8, 2021, Plaintiff was traveling on Peak Street in Dallas, Texas. Defendant was also traveling on Peak Street in Dallas, Texas. Suddenly and without warning, Defendant merged into Plaintiffs lane and struck Plaintiffs vehicle. This collision caused severe injuries to Plaintiff. VI. NEGLIGENCE 6.1 On the occasion in question, Defendant operated the vehicle in a negligent manner and violated the duty of care owed to the Plaintiff to exercise ordinary care in the operation of a motor-vehicle, as follows: a. In failing to yield the right of way in violations of TEX. TRANS. CODE § 545.152; b. In failing to maintain a proper lookout as a person of ordinary prudence would have maintained under the same or similar circumstances; c. In failing to control the operation of said vehicle; PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 2 d. In failing to avoid the incident in question; e. In operating the vehicle in an unsafe manner; f. By driving at a speed greater than reasonable and prudent under the circumstances then existing in Violations of TEX. TRANS. CODE § 545.351; and g. Other acts or negligence and/or negligence per se. 6.2 The Defendant drove her vehicle at the time and on the occasion in question with willful or wanton disregard for the safety of others, in violation of the laws of the State of Texas, including TEX. TRANS. CODE §545 .401. 6.3 Each of the foregoing acts or omissions, whether taken singularly or in any combination, constitutes negligence, and was a proximate cause of Plaintiff s injuries and damages listed below. As a result, the Plaintiff is entitled to recover such damages as may be awarded by the trier of fact, including punitive and exemplary damages. VII. DAMAGES 7.1 As a result of the incident made the basis of this lawsuit described in the preceding paragraphs and the negligence and/or negligence per se of Defendant, Plaintiff sustained significant injuries and damages in the past and will in reasonable probability sustain these damages in the future. 7.2 Plaintiff respectfully requests that the trier of fact determine the amount of the damages and losses that he 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 and mental anguish; b. Disfigurement; c. Physical impairment; PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 3 d. Medical care expenses; e. Loss of earning capacity; and f. Out-of—pocket economic losses. VIII. CLAIM FOR PREJUDGMENT AND POST-JUDGMENT INTEREST 8.1 Plaintiff herein claims interest in accordance with TEX. FINANCE CODE §304.001 et seq. and any other applicable law. IX. REQUEST FOR DISCLOSURE 9.1 Request is made that Defendant disclose the information or material described in TEX. RULE 0F CIV. P. 194.2 (b)(1)-(12). X. RULE 193.7 NOTICE 10.1 Pursuant to TEX. RULE OF CIV. P. 193.7, Plaintiff hereby gives notice to Defendant that any and all documents produced may be used against the Defendant producing the document at any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating the documents. PRAYER 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 recover damages in accordance with the evidence, that Plaintiff recover punitive or exemplary damages, that Plaintiff recover costs of court herein expended, that Plaintiff recover 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 AND REQUEST FOR DISCLOSURE PAGE 4 Respectfully submitted, @mwwflw F'ELIPE B. LINK State Bar No. 24057968 E-Mail: flinkgQlinklaflpceom DANIELLA ALVARADO State Bar No. 24109584 E-Mail: dalvarado@1inklawpc.com (Above emails are not for service 0f documents) LINK & ASSOCIATES 10440 North Central Expy., Ste. 950 Dallas, Texas 75231 Telephone: (214) 214-3001 Facsimile: (214) 521 -587 1 Designated Service E-mail: e-filing@linklawpc.com ATTORNEYS FOR PLAINTIFF PLAINTIFF's ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGES Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Link & Associates E-Filing service on behalf of Daniella Alvarado Bar No. 24109584 e-filing@linklawpc.com Envelope ID: 75933319 Filing Code Description: Original Petition Filing Description: Status as of 5/24/2023 11:06 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Daniella R.Alvarado dalvarado@linklawpc.com 5/23/2023 4:46:32 PM SENT Hannah Copening hannah@linklawpc.com 5/23/2023 4:46:32 PM SENT Felipe B.Link flink@linklawpc.com 5/23/2023 4:46:32 PM SENT Link & Associates E-Filing service e-filing@linklawpc.com 5/23/2023 4:46:32 PM SENT Monica Isaac monica@linklawpc.com 5/23/2023 4:46:32 PM SENT Sara Link sara@linklawpc.com 5/23/2023 4:46:32 PM SENT