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Electronically Filed
8/7/2023 4:59 PM
Hidalgo County District Clerks
Reviewed By: Rubie Ortega
Cause No. C-4654-22-L
ALFREDO GRACIA, § IN THE DISTRICT COURT OF
Plaintiff, §
§
V. § HIDALGO COUNTY, TEXAS
§
EMMANUEL DURON, SOUTHWEST §
OFFICIALS ASSOCIATION, INC. d/b/a §
TEXAS ASSOCIATION OF SPORTS §
OFFICIALS and RIO GRANDE TEXAS §
ASSOCIATION OF SPORTS OFFICIALS §
FOOTBALL CHAPTER DIVISION §
Defendants. § 464th JUDICIAL DISTRICT
PLAINTIFF’S FIRST AMENDED PETITION
Plaintiff Alfredo Gracia (“Plaintiff”) files this First Amended Petition complaining of
Defendants Emmanuel Duron, Southwest Association, Inc. d/b/a Texas Association of Sports
Officials, and Rio Grande Texas Association of Sports Officials Football Chapter Division
(“Defendants”), and would respectfully show this Honorable Court and jury as follows:
I. DISCOVERY CONTROL PLAN
1.1 Pursuant to Rule 190.3 of the Texas Rules of Civil Procedure, Plaintiff alleges that
discovery in this case should be conducted under Level 2.
II. PARTIES
2.1 Plaintiff Alfredo “Fred” Gracia resides in Weslaco, Hidalgo County, Texas.
2.2 Defendant Emmanuel Duron is an individual in Hidalgo County, Texas. He has
already made an appearance in this case.
2.3 Defendant Southwest Officials Association, Inc. d/b/a Texas Association of Sports
Officials is a nonprofit organization with a principal place of business in Richardson, Texas doing
business in Hidalgo County, Texas. This Defendant has already made an appearance in this case.
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2.4 Defendant Rio Grande Texas Association of Sports Officials Football Chapter
Division is a separately incorporated nonprofit organization doing business in Hidalgo County,
Texas. This Defendant has already made an appearance in this case.
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 parties named herein. Alternatively, Plaintiff contends that such “corporate veils” should be pierced
to hold such parties properly included in the interest of justice.
IV. JURISDICTION AND VENUE
4.1 Venue is proper and maintainable in Hidalgo County, Texas under §15.002(a)(1)
of the Texas Civil Practice & Remedies Code because all or a substantial part of the events or
omissions giving rise to the claims made the basis of this lawsuit occurred in Hidalgo County,
Texas.
4.2 This Court has jurisdiction in this cause since the Plaintiff’s damages exceed the
minimum jurisdictional limits of this Court.
V. FACTS
5.1 On or about December 3, 2022 at Richard R. Flores Stadium in Edinburg, Hidalgo
County, Texas, Defendant Emmanuel Duron intentionally, knowingly, and recklessly caused
bodily injuries to Plaintiff Alfredo “Fred” Gracia by violently attacking him in the midst of a high
school playoff football game. Defendant Duron, a University Interscholastic League (“UIL”)
football player for the Edinburg High School Bobcats at the time, was directly responsible for this
assault on Plaintiff, who was officiating the playoff game that night. Plaintiff, as a referee, was in
the course and scope of his employment, membership, assignment, borrowed servantry and/or
volunteer worker status with Defendants Southwest Officials Association, Inc. d/b/a Texas
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Association of Sports Officials and Rio Grande Texas Association of Sports Officials Football
Chapter Division (collectively referred to as “the TASO Defendants”). Plaintiff was specifically
performing duties relating to the conduct of the TASO Defendants’ business. The TASO
Defendants had the right to direct and control Plaintiff’s work, progress, details, and methods of
operation, but most importantly, the rights to direct and control employees, assignees, members,
officials, managers, volunteer workers, attendees, officials, student-athletes and/or borrowed
servants’ work, progress, details, and methods of operation on the December 3, 2022 night of the
incident.
5.2 Plaintiff specifically invokes the right to institute this suit against whatever entities
were conducting business using the assumed or common names listed as Defendants in regards to
the events described in this Petition. Plaintiff expressly invokes his right under Rule 28 of the
Texas Rules of Civil Procedure to have the true name of these parties substituted at a later time
upon the motion of any party or of the Court.
5.3 On December 3, 2020, at Richard R. Flores Stadium located at 1800 S Stadium Dr.,
Edinburg, Hidalgo County, Texas 78539, the Edinburg Bobcats were hosting a University
Interscholastic League high school playoff football game against the Pharr-San Juan-Alamo Bears.
Referees and officials were provided for the game by the TASO Defendants alongside UIL. Their
duties are to provide support, resources, and training for Texas high school sports officials to
further the overall goal of ensuring fair and, most importantly, safe athletic environments for
student-athletes and officials. Central duties and tenets of the TASO Defendants include
supervising, training, and governing high school athletic events such as this playoff football game.
Gracia, a veteran of Rio Grande Valley football officiating for three decades, was proud to lead
that evening’s playoff crew.
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5.4 Late in the first half, Gracia, within his duties as an official for the game, ejected
Defendant Duron from the contest for multiple aggressive infractions, including a late hit on the
Quarterback and unsportsmanlike conduct. This is when the evening took a fierce turn, as
Defendant Duron then stormed back onto the field while still in his football gear, brutally bowling
over Gracia in front of the thousands of Rio Grande Valley residents in attendance. Despite
representatives from the TASO Defendants, UIL, and the school districts at-large all present in
Richard R. Flores Stadium that evening, Gracia was left defenseless to this attack.
5.5 Gracia has spent months trying to make sense of this assault. Gracia dedicated over
thirty years of his life to the sport of football. He and his family have always seen the sport and his
involvement in it as an opportunity to develop future leaders and productive members of society.
Gracia is proud of his work and enjoys giving back to his community. Yet due to this preventable
assault, he continues to suffer embarrassment, pain, and ongoing psychological and physical
damage.
5.6 Defendant Duron was subsequently arrested and criminally charged with assault
causing bodily injury to Gracia. His physical outburst on December 3, 2020 was not his first, as
he had demonstrated a history of violent behavior, including also shoving a referee in a soccer
match earlier that same year. Defendant disobeyed both civil and criminal Texas law, ultimately
putting Plaintiff’s life and autonomy in danger that day. As a proximate result of the assault, Gracia
sustained severe and life-altering injuries.
5.7 Plaintiff would show that nothing he did or failed to do on the occasion in question
caused or in any way contributed to cause his injuries.
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VI. ASSAULT BY DEFENDANT EMMANUEL DURON
6.1 At the time and on the occasion in question, Defendant Emmanuel Duron
intentionally, knowingly, and recklessly caused Plaintiff’s bodily injuries by violently heaving his
body at Gracia, causing him to tumble to the stadium ground. At the time of the assault, Plaintiff
Gracia was in the course and scope of his employment, membership, assignment, borrowed
servantry and/or volunteer worker status with the TASO Defendants, who were tasked with
providing a safe environment for Gracia and his officiating crew with their own employees,
assignees, members, officials, managers, volunteer workers, attendees, officials, student-athletes
and/or borrowed servants leading up to and at the game. Defendant Duron’s unjustified and
unprovoked actions constitute criminal and civil assault for which Plaintiff seeks the recovery of
actual and exemplary damages.
VII. NEGLIGENCE BY THE TASO DEFENDANTS
7.1 At the time and on the occasion in question, Defendants Southwest Officials
Association, Inc. d/b/a Texas Association of Sports Officials and Rio Grande Texas Association
of Sports Officials Football Chapter Division had a duty to exercise the degree of reasonable care
that reasonably prudent employers, assignors, officials, safety organization and/or managers would
use to avoid harm to others under circumstances similar to those described herein.
7.2 Plaintiff’s injuries were directly and proximately caused by the TASO Defendants’
negligent, careless, and reckless disregard of said duty.
7.3 On the occasion in question, Plaintiff’s damages were proximately caused by the
negligence, carelessness, and recklessness of the TASO Defendants in one or more of the
following non-exclusive particulars:
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a. In failing to keep attendees, officials, and/or student-athletes safe from being
assaulted by other attendees, officials, and/or student-athletes while on an
athletic field;
b. In failing to use ordinary care to ensure attendees, officials, and/or student-
athletes are safely removed from the athletic field area by the TASO
Defendants;
c. In failing to properly screen and evaluate attendees, officials, and/or student-
athletes who may be unfit or unsuitable for the safe athletic environment
required of a UIL high school event;
d. In failing to properly train relevant attendees and officials on safe or defensive
methods of interacting with fellow attendees, officials, and/or student-athletes
on the premises;
e. In failing to use ordinary care in creating a safe, secure athletic environment for
attendees, officials, and/or student-athletes;
f. In failing to act as a reasonably prudent manager of high school athletics would
do in same or similar circumstances;
g. In failing to use ordinary care in monitoring the football field and sidelines;
h. In failing to direct and control employees, assignees, members, officials,
managers, volunteer workers, attendees, officials, student-athletes and/or
borrowed servants’ work, progress, details, and methods of operation properly
in adherence to their duties and special employer status;
i. Creating a hazard and endangering the lives of others;
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j. In failing to hire, supervise, retain, investigate, screen, and/or supervise
competent and fit employees, assignees, members, officials, managers,
volunteer workers and/or borrowed servants;
k. In undertaking to perform services that they knew or should have known were
necessary for protecting Plaintiff and their employees, assignees, members,
officials, managers, volunteer workers borrowed servants, and upon reliance on
said performance, increased Plaintiff’s risk of harm by not exercising
reasonable care in performing said services; and
l. In overall failing to protect their employees, assignees, members, officials,
managers, volunteer workers borrowed servants, and/or the public.
7.4 Each and all of the above and foregoing acts, both omission and commission,
singularly or in combination with others, constituted negligence which proximately caused the
occurrence made the basis of this suit, and Plaintiff’s injuries and damages pled herein. Plaintiff
would show that such negligence proximately caused damages to Plaintiff more fully described
below.
VIII. RESPONDEAT SUPERIOR AND DIRECT NEGLIGENCE
8.1 Pursuant to the doctrine of respondeat superior, the TASO Defendants are
alternatively vicariously liable for acts of both omission and commission of any of their employees,
assignees, members, officials, managers, volunteer workers and/or borrowed servants who were
acting in the course and scope of their membership, assignment, borrowed servantry and/or
volunteer worker status for the TASO Defendants during the occurrence made the basis of this
lawsuit and whose conduct directly and proximately caused Plaintiff’s injuries and damages.
Further, the TASO Defendants are also directly liable for Plaintiff’s injuries and damages, as
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described herein. The conduct of the TASO Defendants as employers, assignors, officials, safety
organization and/or managers constituted negligence and negligence per se as those terms are
understood in law and such conduct was a proximate cause of the occurrence made the basis of
this suit.
IX. GROSS NEGLIGENCE BY DEFENDANTS
9.1 Defendants’ acts and/or omissions set forth above constitute gross negligence under
§41.001(11) of Tex. Civ. Prac & Rem. Code because, when viewed objectively from the standpoint
of the Defendants at the time of its occurrence, each act and/or omission involved an extreme
degree of risk, considering the probability and magnitude of the potential harm to others; and the
Defendants had actual, subjective awareness of the risk involved, but nevertheless proceeded with
conscious indifference to the rights, safety, or welfare of others. Defendants’ gross negligence was
a proximate cause of the incident made the basis of this lawsuit.
X. DAMAGES—PLAINTIFF
10.1 As a result of the incident made the basis of this lawsuit, described in the preceding
paragraphs and the negligence of Defendants, Plaintiff sustained injuries and damages and now
brings this suit for exemplary damages and the actual damages described below.
10.2 Due to the gravity of the injuries stated above, Plaintiff has had to seek reasonable
and necessary medical care and attention, and this has caused him to incur reasonable and
necessary medical expenses for the treatment of his injuries.
10.3 In all likelihood, based upon a reasonable medical probability, Plaintiff will require
reasonable and necessary medical treatment and incur reasonable and necessary medical expenses
into the future.
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10.4 Further, Plaintiff would show that he has suffered physical pain as a result of this
incident. Such physical pain, in all reasonable medical probability, will continue into the future,
if not permanently.
10.5 Further, Plaintiff would show that he has suffered mental anguish as a result of this
incident. Such mental anguish, in all probability will continue into the future, if not permanently.
10.6 Further, Plaintiff would show that he has suffered physical impairment as a result
of this incident. Such physical impairment in all reasonable medical probability will continue into
the future, if not permanently.
10.7 Further, Plaintiff would show that he has suffered physical disfigurement as a result
of this incident. Such physical disfigurement, in all reasonable medical probability, will continue
into the future, if not permanently.
10.8 Plaintiff seeks both prejudgment and post-judgment interest as allowed by law, for
all costs of court, actual damages, compensatory damages and all other relief, both in law and in
equity, to which Plaintiff may be entitled. The above enumerated damages were caused by
Defendants’ negligent, careless, reckless, and intentional acts and/or omissions.
XI. TOTAL DAMAGES
11.1 As required by Rule 47 of the Texas Rules of Civil Procedure, Plaintiff is seeking
monetary relief in excess of $1,000,000.00, at this time and a demand for judgment for all other
relief to which the Plaintiff is entitled; however, Plaintiff reserves the right to file an amended
pleading on this issue.
XII. RESERVE THE RIGHT TO AMEND & SUPPLEMENT
12.1 These allegations against Defendants are made acknowledging that investigation
and discovery, although undertaken, are continuing in this matter. As further investigation and
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discovery are conducted, additional facts will surely be uncovered that may and probably will
necessitate further, additional, and/or different allegations, including the potential of adding parties
to and/or dismissing parties from the case. The right to do so is, under Texas law, expressly
reserved.
XIII. PRE-JUDGMENT AND POST-JUDGMENT INTEREST
13.1 In addition to the above mentioned and foregoing allegations, Plaintiff further
pleads that he is entitled to pre-judgment and post-judgment interest at the highest rate allowed by
law.
XIV. COURT COSTS
14.1 Plaintiff further seeks recovery of the costs of court incurred in the filing and
pendency of this action.
XV. PRESERVING EVIDENCE
15.1 Plaintiff hereby requests and demands that Defendants preserve and maintain all
evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit
or the damages resulting there from, including statements, photographs, videotapes, audiotapes,
surveillance or security tapes or information, business or medical records, incident reports, tenant
files, periodic reports, financial statements, bills, telephone call slips or records, estimates,
invoices, checks, measurements, correspondence, facsimiles, email, voicemail, text messages, any
evidence involving the incident in question, and any electronic images or information related to
the referenced incident or damages. Failure to maintain such items will constitute “spoliation" of
the evidence.
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XVI. RULE 193.7 NOTICE
16.1 Defendants are hereby notified that Plaintiff intends to use all documents produced
by Defendants in discovery of the trial of this cause, and therefore request that Defendants assert
any objection to the authenticity of any document Defendants produces within 10 days of its
production.
XVII. ALTERNATIVE PARAGRAPH NO. 1
17.1 In the alternative, Plaintiff would show that if any injury and/or condition from
which he currently suffers was pre-existing, then such condition was aggravated and/or
exacerbated by the negligence of the Defendants herein.
XVIII. ALTERNATIVE PARAGRAPH NO. 2
18.1 In the alternative, Plaintiff would show that if he suffers from any subsequent injury
and/or condition, then such injury and/or condition was aggravated and/or exacerbated by the
negligence of the Defendants herein.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Defendants be cited
in terms of law to appear and answer herein and that upon final trial and hearing hereof, that
Plaintiff recover damages from Defendants, in accordance with the evidence; that Plaintiff recover
costs of court herein expended; that Plaintiff recover interest to which Plaintiff is justly entitled
under the law, both prejudgment and post-judgment; that Plaintiff recover actual damages; that
Plaintiff is entitled to recover compensatory damages; and for such other further relief, both
general and special, both in law and in equity, to which Plaintiff may be justly entitled.
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Respectfully submitted,
HINOJOSA LAW, PLLC
By:
Richard A. Hinojosa
State Bar No. 24068885
Noe A. Gonzalez
State Bar No. 24106013
3904 Brandt Street
Houston, Texas 77006
(713) 884-1663 Telephone
(713) 422-2493 Facsimile
richardhinojosa@hinojosalaw.com
ngonzalez@hinojosalaw.com
e-service@hinojosalaw.com
ATTORNEYS FOR PLAINTIFF
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Noe Gonzalez on behalf of Noe Gonzalez
Bar No. 24106013
ngonzalez@hinojosalaw.com
Envelope ID: 78284890
Filing Code Description: Notice
Filing Description: Plaintiff's First Amended Petition
Status as of 8/8/2023 9:16 AM CST
Associated Case Party: Alfredo Gracia
Name BarNumber Email TimestampSubmitted Status
Noe A.Gonzalez ngonzalez@hinojosalaw.com 8/7/2023 4:59:13 PM SENT
Stephanie Medrano smedrano@hinojosalaw.com 8/7/2023 4:59:13 PM SENT
Associated Case Party: Rio Grande Texas Association of Sports Officials Football
Chapter Division
Name BarNumber Email TimestampSubmitted Status
Linda Owens lowens@wkpz.com 8/7/2023 4:59:13 PM SENT
Richard M.Kaplan rkaplan@wkpz.com 8/7/2023 4:59:13 PM SENT
Caleb Edwards cedwards@wkpz.com 8/7/2023 4:59:13 PM SENT
Murphy Klasing mklasing@wkpz.com 8/7/2023 4:59:13 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Michael Rodriguez mrodriguez@atlashall.com 8/7/2023 4:59:13 PM SENT
Leslie Delgado ldelgado@atlashall.com 8/7/2023 4:59:13 PM SENT
Angie Hernandez angie@atlashall.com 8/7/2023 4:59:13 PM SENT
Preview
Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega Cause No. C-4654-22-L ALFREDO GRACIA, § IN THE DISTRICT COURT OF Plaintiff, § § V. § HIDALGO COUNTY, TEXAS § EMMANUEL DURON, SOUTHWEST § OFFICIALS ASSOCIATION, INC. d/b/a § TEXAS ASSOCIATION OF SPORTS § OFFICIALS and RIO GRANDE TEXAS § ASSOCIATION OF SPORTS OFFICIALS § FOOTBALL CHAPTER DIVISION § Defendants. § 464th JUDICIAL DISTRICT PLAINTIFF’S FIRST AMENDED PETITION Plaintiff Alfredo Gracia (“Plaintiff”) files this First Amended Petition complaining of Defendants Emmanuel Duron, Southwest Association, Inc. d/b/a Texas Association of Sports Officials, and Rio Grande Texas Association of Sports Officials Football Chapter Division (“Defendants”), and would respectfully show this Honorable Court and jury as follows: I. DISCOVERY CONTROL PLAN 1.1 Pursuant to Rule 190.3 of the Texas Rules of Civil Procedure, Plaintiff alleges that discovery in this case should be conducted under Level 2. II. PARTIES 2.1 Plaintiff Alfredo “Fred” Gracia resides in Weslaco, Hidalgo County, Texas. 2.2 Defendant Emmanuel Duron is an individual in Hidalgo County, Texas. He has already made an appearance in this case. 2.3 Defendant Southwest Officials Association, Inc. d/b/a Texas Association of Sports Officials is a nonprofit organization with a principal place of business in Richardson, Texas doing business in Hidalgo County, Texas. This Defendant has already made an appearance in this case. Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega 2.4 Defendant Rio Grande Texas Association of Sports Officials Football Chapter Division is a separately incorporated nonprofit organization doing business in Hidalgo County, Texas. This Defendant has already made an appearance in this case. 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 parties named herein. Alternatively, Plaintiff contends that such “corporate veils” should be pierced to hold such parties properly included in the interest of justice. IV. JURISDICTION AND VENUE 4.1 Venue is proper and maintainable in Hidalgo County, Texas under §15.002(a)(1) of the Texas Civil Practice & Remedies Code because all or a substantial part of the events or omissions giving rise to the claims made the basis of this lawsuit occurred in Hidalgo County, Texas. 4.2 This Court has jurisdiction in this cause since the Plaintiff’s damages exceed the minimum jurisdictional limits of this Court. V. FACTS 5.1 On or about December 3, 2022 at Richard R. Flores Stadium in Edinburg, Hidalgo County, Texas, Defendant Emmanuel Duron intentionally, knowingly, and recklessly caused bodily injuries to Plaintiff Alfredo “Fred” Gracia by violently attacking him in the midst of a high school playoff football game. Defendant Duron, a University Interscholastic League (“UIL”) football player for the Edinburg High School Bobcats at the time, was directly responsible for this assault on Plaintiff, who was officiating the playoff game that night. Plaintiff, as a referee, was in the course and scope of his employment, membership, assignment, borrowed servantry and/or volunteer worker status with Defendants Southwest Officials Association, Inc. d/b/a Texas 2 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega Association of Sports Officials and Rio Grande Texas Association of Sports Officials Football Chapter Division (collectively referred to as “the TASO Defendants”). Plaintiff was specifically performing duties relating to the conduct of the TASO Defendants’ business. The TASO Defendants had the right to direct and control Plaintiff’s work, progress, details, and methods of operation, but most importantly, the rights to direct and control employees, assignees, members, officials, managers, volunteer workers, attendees, officials, student-athletes and/or borrowed servants’ work, progress, details, and methods of operation on the December 3, 2022 night of the incident. 5.2 Plaintiff specifically invokes the right to institute this suit against whatever entities were conducting business using the assumed or common names listed as Defendants in regards to the events described in this Petition. Plaintiff expressly invokes his right under Rule 28 of the Texas Rules of Civil Procedure to have the true name of these parties substituted at a later time upon the motion of any party or of the Court. 5.3 On December 3, 2020, at Richard R. Flores Stadium located at 1800 S Stadium Dr., Edinburg, Hidalgo County, Texas 78539, the Edinburg Bobcats were hosting a University Interscholastic League high school playoff football game against the Pharr-San Juan-Alamo Bears. Referees and officials were provided for the game by the TASO Defendants alongside UIL. Their duties are to provide support, resources, and training for Texas high school sports officials to further the overall goal of ensuring fair and, most importantly, safe athletic environments for student-athletes and officials. Central duties and tenets of the TASO Defendants include supervising, training, and governing high school athletic events such as this playoff football game. Gracia, a veteran of Rio Grande Valley football officiating for three decades, was proud to lead that evening’s playoff crew. 3 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega 5.4 Late in the first half, Gracia, within his duties as an official for the game, ejected Defendant Duron from the contest for multiple aggressive infractions, including a late hit on the Quarterback and unsportsmanlike conduct. This is when the evening took a fierce turn, as Defendant Duron then stormed back onto the field while still in his football gear, brutally bowling over Gracia in front of the thousands of Rio Grande Valley residents in attendance. Despite representatives from the TASO Defendants, UIL, and the school districts at-large all present in Richard R. Flores Stadium that evening, Gracia was left defenseless to this attack. 5.5 Gracia has spent months trying to make sense of this assault. Gracia dedicated over thirty years of his life to the sport of football. He and his family have always seen the sport and his involvement in it as an opportunity to develop future leaders and productive members of society. Gracia is proud of his work and enjoys giving back to his community. Yet due to this preventable assault, he continues to suffer embarrassment, pain, and ongoing psychological and physical damage. 5.6 Defendant Duron was subsequently arrested and criminally charged with assault causing bodily injury to Gracia. His physical outburst on December 3, 2020 was not his first, as he had demonstrated a history of violent behavior, including also shoving a referee in a soccer match earlier that same year. Defendant disobeyed both civil and criminal Texas law, ultimately putting Plaintiff’s life and autonomy in danger that day. As a proximate result of the assault, Gracia sustained severe and life-altering injuries. 5.7 Plaintiff would show that nothing he did or failed to do on the occasion in question caused or in any way contributed to cause his injuries. 4 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega VI. ASSAULT BY DEFENDANT EMMANUEL DURON 6.1 At the time and on the occasion in question, Defendant Emmanuel Duron intentionally, knowingly, and recklessly caused Plaintiff’s bodily injuries by violently heaving his body at Gracia, causing him to tumble to the stadium ground. At the time of the assault, Plaintiff Gracia was in the course and scope of his employment, membership, assignment, borrowed servantry and/or volunteer worker status with the TASO Defendants, who were tasked with providing a safe environment for Gracia and his officiating crew with their own employees, assignees, members, officials, managers, volunteer workers, attendees, officials, student-athletes and/or borrowed servants leading up to and at the game. Defendant Duron’s unjustified and unprovoked actions constitute criminal and civil assault for which Plaintiff seeks the recovery of actual and exemplary damages. VII. NEGLIGENCE BY THE TASO DEFENDANTS 7.1 At the time and on the occasion in question, Defendants Southwest Officials Association, Inc. d/b/a Texas Association of Sports Officials and Rio Grande Texas Association of Sports Officials Football Chapter Division had a duty to exercise the degree of reasonable care that reasonably prudent employers, assignors, officials, safety organization and/or managers would use to avoid harm to others under circumstances similar to those described herein. 7.2 Plaintiff’s injuries were directly and proximately caused by the TASO Defendants’ negligent, careless, and reckless disregard of said duty. 7.3 On the occasion in question, Plaintiff’s damages were proximately caused by the negligence, carelessness, and recklessness of the TASO Defendants in one or more of the following non-exclusive particulars: 5 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega a. In failing to keep attendees, officials, and/or student-athletes safe from being assaulted by other attendees, officials, and/or student-athletes while on an athletic field; b. In failing to use ordinary care to ensure attendees, officials, and/or student- athletes are safely removed from the athletic field area by the TASO Defendants; c. In failing to properly screen and evaluate attendees, officials, and/or student- athletes who may be unfit or unsuitable for the safe athletic environment required of a UIL high school event; d. In failing to properly train relevant attendees and officials on safe or defensive methods of interacting with fellow attendees, officials, and/or student-athletes on the premises; e. In failing to use ordinary care in creating a safe, secure athletic environment for attendees, officials, and/or student-athletes; f. In failing to act as a reasonably prudent manager of high school athletics would do in same or similar circumstances; g. In failing to use ordinary care in monitoring the football field and sidelines; h. In failing to direct and control employees, assignees, members, officials, managers, volunteer workers, attendees, officials, student-athletes and/or borrowed servants’ work, progress, details, and methods of operation properly in adherence to their duties and special employer status; i. Creating a hazard and endangering the lives of others; 6 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega j. In failing to hire, supervise, retain, investigate, screen, and/or supervise competent and fit employees, assignees, members, officials, managers, volunteer workers and/or borrowed servants; k. In undertaking to perform services that they knew or should have known were necessary for protecting Plaintiff and their employees, assignees, members, officials, managers, volunteer workers borrowed servants, and upon reliance on said performance, increased Plaintiff’s risk of harm by not exercising reasonable care in performing said services; and l. In overall failing to protect their employees, assignees, members, officials, managers, volunteer workers borrowed servants, and/or the public. 7.4 Each and all of the above and foregoing acts, both omission and commission, singularly or in combination with others, constituted negligence which proximately caused the occurrence made the basis of this suit, and Plaintiff’s injuries and damages pled herein. Plaintiff would show that such negligence proximately caused damages to Plaintiff more fully described below. VIII. RESPONDEAT SUPERIOR AND DIRECT NEGLIGENCE 8.1 Pursuant to the doctrine of respondeat superior, the TASO Defendants are alternatively vicariously liable for acts of both omission and commission of any of their employees, assignees, members, officials, managers, volunteer workers and/or borrowed servants who were acting in the course and scope of their membership, assignment, borrowed servantry and/or volunteer worker status for the TASO Defendants during the occurrence made the basis of this lawsuit and whose conduct directly and proximately caused Plaintiff’s injuries and damages. Further, the TASO Defendants are also directly liable for Plaintiff’s injuries and damages, as 7 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega described herein. The conduct of the TASO Defendants as employers, assignors, officials, safety organization and/or managers constituted negligence and negligence per se as those terms are understood in law and such conduct was a proximate cause of the occurrence made the basis of this suit. IX. GROSS NEGLIGENCE BY DEFENDANTS 9.1 Defendants’ acts and/or omissions set forth above constitute gross negligence under §41.001(11) of Tex. Civ. Prac & Rem. Code because, when viewed objectively from the standpoint of the Defendants at the time of its occurrence, each act and/or omission involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and the Defendants had actual, subjective awareness of the risk involved, but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others. Defendants’ gross negligence was a proximate cause of the incident made the basis of this lawsuit. X. DAMAGES—PLAINTIFF 10.1 As a result of the incident made the basis of this lawsuit, described in the preceding paragraphs and the negligence of Defendants, Plaintiff sustained injuries and damages and now brings this suit for exemplary damages and the actual damages described below. 10.2 Due to the gravity of the injuries stated above, Plaintiff has had to seek reasonable and necessary medical care and attention, and this has caused him to incur reasonable and necessary medical expenses for the treatment of his injuries. 10.3 In all likelihood, based upon a reasonable medical probability, Plaintiff will require reasonable and necessary medical treatment and incur reasonable and necessary medical expenses into the future. 8 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega 10.4 Further, Plaintiff would show that he has suffered physical pain as a result of this incident. Such physical pain, in all reasonable medical probability, will continue into the future, if not permanently. 10.5 Further, Plaintiff would show that he has suffered mental anguish as a result of this incident. Such mental anguish, in all probability will continue into the future, if not permanently. 10.6 Further, Plaintiff would show that he has suffered physical impairment as a result of this incident. Such physical impairment in all reasonable medical probability will continue into the future, if not permanently. 10.7 Further, Plaintiff would show that he has suffered physical disfigurement as a result of this incident. Such physical disfigurement, in all reasonable medical probability, will continue into the future, if not permanently. 10.8 Plaintiff seeks both prejudgment and post-judgment interest as allowed by law, for all costs of court, actual damages, compensatory damages and all other relief, both in law and in equity, to which Plaintiff may be entitled. The above enumerated damages were caused by Defendants’ negligent, careless, reckless, and intentional acts and/or omissions. XI. TOTAL DAMAGES 11.1 As required by Rule 47 of the Texas Rules of Civil Procedure, Plaintiff is seeking monetary relief in excess of $1,000,000.00, at this time and a demand for judgment for all other relief to which the Plaintiff is entitled; however, Plaintiff reserves the right to file an amended pleading on this issue. XII. RESERVE THE RIGHT TO AMEND & SUPPLEMENT 12.1 These allegations against Defendants are made acknowledging that investigation and discovery, although undertaken, are continuing in this matter. As further investigation and 9 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega discovery are conducted, additional facts will surely be uncovered that may and probably will necessitate further, additional, and/or different allegations, including the potential of adding parties to and/or dismissing parties from the case. The right to do so is, under Texas law, expressly reserved. XIII. PRE-JUDGMENT AND POST-JUDGMENT INTEREST 13.1 In addition to the above mentioned and foregoing allegations, Plaintiff further pleads that he is entitled to pre-judgment and post-judgment interest at the highest rate allowed by law. XIV. COURT COSTS 14.1 Plaintiff further seeks recovery of the costs of court incurred in the filing and pendency of this action. XV. PRESERVING EVIDENCE 15.1 Plaintiff hereby requests and demands that Defendants preserve and maintain all evidence pertaining to any claim or defense related to the incident made the basis of this lawsuit or the damages resulting there from, including statements, photographs, videotapes, audiotapes, surveillance or security tapes or information, business or medical records, incident reports, tenant files, periodic reports, financial statements, bills, telephone call slips or records, estimates, invoices, checks, measurements, correspondence, facsimiles, email, voicemail, text messages, any evidence involving the incident in question, and any electronic images or information related to the referenced incident or damages. Failure to maintain such items will constitute “spoliation" of the evidence. 10 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega XVI. RULE 193.7 NOTICE 16.1 Defendants are hereby notified that Plaintiff intends to use all documents produced by Defendants in discovery of the trial of this cause, and therefore request that Defendants assert any objection to the authenticity of any document Defendants produces within 10 days of its production. XVII. ALTERNATIVE PARAGRAPH NO. 1 17.1 In the alternative, Plaintiff would show that if any injury and/or condition from which he currently suffers was pre-existing, then such condition was aggravated and/or exacerbated by the negligence of the Defendants herein. XVIII. ALTERNATIVE PARAGRAPH NO. 2 18.1 In the alternative, Plaintiff would show that if he suffers from any subsequent injury and/or condition, then such injury and/or condition was aggravated and/or exacerbated by the negligence of the Defendants herein. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that the Defendants be cited in terms of law to appear and answer herein and that upon final trial and hearing hereof, that Plaintiff recover damages from Defendants, in accordance with the evidence; that Plaintiff recover costs of court herein expended; that Plaintiff recover interest to which Plaintiff is justly entitled under the law, both prejudgment and post-judgment; that Plaintiff recover actual damages; that Plaintiff is entitled to recover compensatory damages; and for such other further relief, both general and special, both in law and in equity, to which Plaintiff may be justly entitled. 11 Electronically Filed 8/7/2023 4:59 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega Respectfully submitted, HINOJOSA LAW, PLLC By: Richard A. Hinojosa State Bar No. 24068885 Noe A. Gonzalez State Bar No. 24106013 3904 Brandt Street Houston, Texas 77006 (713) 884-1663 Telephone (713) 422-2493 Facsimile richardhinojosa@hinojosalaw.com ngonzalez@hinojosalaw.com e-service@hinojosalaw.com ATTORNEYS FOR PLAINTIFF 12 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. Noe Gonzalez on behalf of Noe Gonzalez Bar No. 24106013 ngonzalez@hinojosalaw.com Envelope ID: 78284890 Filing Code Description: Notice Filing Description: Plaintiff's First Amended Petition Status as of 8/8/2023 9:16 AM CST Associated Case Party: Alfredo Gracia Name BarNumber Email TimestampSubmitted Status Noe A.Gonzalez ngonzalez@hinojosalaw.com 8/7/2023 4:59:13 PM SENT Stephanie Medrano smedrano@hinojosalaw.com 8/7/2023 4:59:13 PM SENT Associated Case Party: Rio Grande Texas Association of Sports Officials Football Chapter Division Name BarNumber Email TimestampSubmitted Status Linda Owens lowens@wkpz.com 8/7/2023 4:59:13 PM SENT Richard M.Kaplan rkaplan@wkpz.com 8/7/2023 4:59:13 PM SENT Caleb Edwards cedwards@wkpz.com 8/7/2023 4:59:13 PM SENT Murphy Klasing mklasing@wkpz.com 8/7/2023 4:59:13 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Michael Rodriguez mrodriguez@atlashall.com 8/7/2023 4:59:13 PM SENT Leslie Delgado ldelgado@atlashall.com 8/7/2023 4:59:13 PM SENT Angie Hernandez angie@atlashall.com 8/7/2023 4:59:13 PM SENT