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Filed
6/23/2023 6:38 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Sylvie Le
CAUSE NO, 23-DCV-305372
VISHANI TITRE and IN THE DISTRICT COURT
QUENT TITRE
Plaintiffs
Fort Bend County - 240th Judicial District Court
vs. JUDICIAL DISTRICT
GEORGE WANJAU
Defendant FORT BEND COUNTY, TEXAS
PLAINTIFFS’ ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, VISHANI TITRE AND QUENT TITRE, hereinafter called Plaintiffs,
complaining of and about GEORGE WANJAU, hereinafter called Defendant, and for cause of
action show unto the Court the following:
I. DISCOVERY CONTROL PLAN LEVEL
1 Plaintiffs intends that discovery be conducted under Discovery Level I1.
II, PARTIES AND SERVICE
2 Plaintiffs, VISHANI TITRE AND QUENT TITRE, are individuals whose
aes sr
3 Defendant, GEORGE WANJAU, is an Individual who is a resident of Texas. He
may be served with process at his home at the following address:
HE or wherever he may be found. Service of said Defendant can be
effected by personal delivery.
Ill, JURISDICTION AND VENUE
4 The subject matter in controversy is within the jurisdictional limits of this court.
5 This court has jurisdiction over the parties because Defendant is a Texas resident.
6 Venue in Fort Bend County is proper in this cause under Section 15.002(a)(1) of
PLAINTIFF’S ORIGINAL PETITION — PAGE 1
the Texas Civil Practice and Remedies Code because all or a substantial part of the events or
omissions giving rise to this lawsuit occurred in this county.
IV. FACTS
7 On or about November 04, 2022 Plaintiff
was traveling in Fort Bend County, Texas
when Defendant caused a collision with the Plaintiff. As a result of the collision, Plaintiff suffered
serious bodily injuries.
V. PLAINTIFFS’ CLAIM OF NEGLIGENCE AGAINST GEORGE WANJAU
8 Defendant had a duty to exercise the degree of care that a person of ordinary
prudence would use to avoid harm to others under circumstances similar to those described herein.
9 Plaintiffs injuries were proximately caused by Defendant's negligent, careless and
reckless disregard of said duty.
10. The negligent, careless and reckless disregard of duty of Defendant consisted of,
but is not limited to, the following acts and omissions:
A In that Defendant failed to keep a proper lookout for Plaintiff's safety that
would have been maintained by a person of ordinary prudence under the
ame or similar circumstances;
In that Defendant failed to yield as a person of prudent care would have
done;
In that Defendant failed to turn her motor vehicle in an effort to avoid the
collision complained of;
In that Defendant failed to operate a motor vehicle as a person using
ordinary prudent care would have done;
In that Defendant operated her vehicle in Plaintiff's lane of traffic and failed
to give Plaintiff at least one-half of the roadway;
In that Defendant failed to maintain a clear and reasonable distance between
Plaintiff's motor vehicle and Defendant's motor vehicle which would permit
Defendant to bring his motor vehicle to a safe stop without colliding into
Plaintiff's motor vehicle;
PLAINTIFF’S ORIGINAL PETITION — PAGE 2
In that Defendant failed to keep such distance away from Plaintiffs motor
vehicle as a person using ordinary prudent care would have done;
In that Defendant was operating his motor vehicle at a rate of speed which
was greater than that would have been operated by a person of ordinary
prudence under the same or similar circumstances;
In that Defendant failed to apply his brakes to his motor vehicle in a timely
and prudent manner and/or wholly failed to apply his brakes in order to
avoid the collision in question; and
In that Defendant failed to enter into the intersection only when he could
have safely entered without interference or collision with other traffic, and
specifically, with Plaintiff's motor vehicle.
VI. DAMAGES FOR PLAINTIFFS VISHANI TITRE AND QUENT TITRE
Il. As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiffs VISHANI TITRE AND QUENT TITRE, were caused to suffer serious bodily injuries,
and to incur the following damages for which Plaintiffs seeks monetary relief of over
$1,000,000.00 but not more than $10,000,000.00:
A Reasonable medical care and expenses in the past. These expenses were
incurred by Plaintiffs, Vishani Titre and Quent Titre 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;
Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
Physical pain and suffering in the past;
Physical pain and suffering in the future;
Mental anguish in the past;
Mental anguish in the future;
Physical impairment sustained in the past; and
PLAINTIFF’S ORIGINAL PETITION — PAGE 3
H Physical impairment which will, in all probability, be sustained in the
future.
VII. DEMAND FOR TRIAL BY JURY
12 Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
VIII. REQUIRED DISCLOSURE
13. Pursuant to Texas Rules of Civil Procedure 194, Defendant, unless otherwise
excepted or ordered, must provide Plaintiffs and all other parties, within 30 days from the date of
their original appearance, the information or material described in Rule 194.2.
IX. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs, VISHANI TITRE AND
QUENT TITRE, respectfully prays that the Defendant, GEORGE WANJAU, be cited to appear
and answer herein, and that upon a final hearing of the cause, judgment be entered for the PlaintiffS
against Defendant for damages in an amount within the jurisdictional limits of the Court; together
with pre-judgment interest (from the date of injury through the date of judgment) at the maximum
rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and
further relief to which the Plaintiff may be entitled at law or in equity.
PLAINTIFF’S ORIGINAL PETITION — PAGE 4
Respectfully submitted,
The NMW Law Firm
Nicholas M. Wills
Texas Bar No. 24090469
2929 Allen Parkway, Suite 200
Houston, Texas 77019
Tel. (713) 714-2563
Fax. (832) 553-2922
nmw@nmwlawfirm.com
Attorney for Plaintiffs
VISHANI TITRE AND QUENT TITRE
PLAINTIFF’S ORIGINAL PETITION — PAGE 5
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Filed 6/23/2023 6:38 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Sylvie Le CAUSE NO, 23-DCV-305372 VISHANI TITRE and IN THE DISTRICT COURT QUENT TITRE Plaintiffs Fort Bend County - 240th Judicial District Court vs. JUDICIAL DISTRICT GEORGE WANJAU Defendant FORT BEND COUNTY, TEXAS PLAINTIFFS’ ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, VISHANI TITRE AND QUENT TITRE, hereinafter called Plaintiffs, complaining of and about GEORGE WANJAU, hereinafter called Defendant, and for cause of action show unto the Court the following: I. DISCOVERY CONTROL PLAN LEVEL 1 Plaintiffs intends that discovery be conducted under Discovery Level I1. II, PARTIES AND SERVICE 2 Plaintiffs, VISHANI TITRE AND QUENT TITRE, are individuals whose aes sr 3 Defendant, GEORGE WANJAU, is an Individual who is a resident of Texas. He may be served with process at his home at the following address: HE or wherever he may be found. Service of said Defendant can be effected by personal delivery. Ill, JURISDICTION AND VENUE 4 The subject matter in controversy is within the jurisdictional limits of this court. 5 This court has jurisdiction over the parties because Defendant is a Texas resident. 6 Venue in Fort Bend County is proper in this cause under Section 15.002(a)(1) of PLAINTIFF’S ORIGINAL PETITION — PAGE 1 the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions giving rise to this lawsuit occurred in this county. IV. FACTS 7 On or about November 04, 2022 Plaintiff was traveling in Fort Bend County, Texas when Defendant caused a collision with the Plaintiff. As a result of the collision, Plaintiff suffered serious bodily injuries. V. PLAINTIFFS’ CLAIM OF NEGLIGENCE AGAINST GEORGE WANJAU 8 Defendant had a duty to exercise the degree of care that a person of ordinary prudence would use to avoid harm to others under circumstances similar to those described herein. 9 Plaintiffs injuries were proximately caused by Defendant's negligent, careless and reckless disregard of said duty. 10. The negligent, careless and reckless disregard of duty of Defendant consisted of, but is not limited to, the following acts and omissions: A In that Defendant failed to keep a proper lookout for Plaintiff's safety that would have been maintained by a person of ordinary prudence under the ame or similar circumstances; In that Defendant failed to yield as a person of prudent care would have done; In that Defendant failed to turn her motor vehicle in an effort to avoid the collision complained of; In that Defendant failed to operate a motor vehicle as a person using ordinary prudent care would have done; In that Defendant operated her vehicle in Plaintiff's lane of traffic and failed to give Plaintiff at least one-half of the roadway; In that Defendant failed to maintain a clear and reasonable distance between Plaintiff's motor vehicle and Defendant's motor vehicle which would permit Defendant to bring his motor vehicle to a safe stop without colliding into Plaintiff's motor vehicle; PLAINTIFF’S ORIGINAL PETITION — PAGE 2 In that Defendant failed to keep such distance away from Plaintiffs motor vehicle as a person using ordinary prudent care would have done; In that Defendant was operating his motor vehicle at a rate of speed which was greater than that would have been operated by a person of ordinary prudence under the same or similar circumstances; In that Defendant failed to apply his brakes to his motor vehicle in a timely and prudent manner and/or wholly failed to apply his brakes in order to avoid the collision in question; and In that Defendant failed to enter into the intersection only when he could have safely entered without interference or collision with other traffic, and specifically, with Plaintiff's motor vehicle. VI. DAMAGES FOR PLAINTIFFS VISHANI TITRE AND QUENT TITRE Il. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiffs VISHANI TITRE AND QUENT TITRE, were caused to suffer serious bodily injuries, and to incur the following damages for which Plaintiffs seeks monetary relief of over $1,000,000.00 but not more than $10,000,000.00: A Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiffs, Vishani Titre and Quent Titre 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; Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; Physical pain and suffering in the past; Physical pain and suffering in the future; Mental anguish in the past; Mental anguish in the future; Physical impairment sustained in the past; and PLAINTIFF’S ORIGINAL PETITION — PAGE 3 H Physical impairment which will, in all probability, be sustained in the future. VII. DEMAND FOR TRIAL BY JURY 12 Plaintiff demands a jury trial and tenders the appropriate fee with this petition. VIII. REQUIRED DISCLOSURE 13. Pursuant to Texas Rules of Civil Procedure 194, Defendant, unless otherwise excepted or ordered, must provide Plaintiffs and all other parties, within 30 days from the date of their original appearance, the information or material described in Rule 194.2. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs, VISHANI TITRE AND QUENT TITRE, respectfully prays that the Defendant, GEORGE WANJAU, be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the PlaintiffS against Defendant for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiff may be entitled at law or in equity. PLAINTIFF’S ORIGINAL PETITION — PAGE 4 Respectfully submitted, The NMW Law Firm Nicholas M. Wills Texas Bar No. 24090469 2929 Allen Parkway, Suite 200 Houston, Texas 77019 Tel. (713) 714-2563 Fax. (832) 553-2922 nmw@nmwlawfirm.com Attorney for Plaintiffs VISHANI TITRE AND QUENT TITRE PLAINTIFF’S ORIGINAL PETITION — PAGE 5