Party Notice: TERESITA CANNEDY vs. CATHERINE ALBERTSON, et al

On May 19, 2022 a Party Notice was filed involving a dispute between Cannedy, Teresita, and Albertson, Catherine, Crete Carrier Corporation, Crete Carrier Corporation Dba Crete Carrier Corp Shaffer Trucking, for MOTOR VEHICLE ACCIDENT in the District Court of Dallas County.

Preview
FILED
2/20/2023 8:23 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Marissa Gomez DEPUTY

DC-22-05341

TERESITA CANNEDY, § IN THE DISTRICT COURT
§
Plainﬁiz §
§
V. §
§ 95TH JUDICIAL DISTRICT
CATHERINE ALBERTSON AND §
CRETE CARRIER CORPORATION §
DBA CRETE CARRIER CORP §
SHAFFER TRUCKING, §
§
Defendants. § DALLAS COUNTY, TEXAS

DEFENDANTS’ NOTICE OF FILING OF NOTICE OF REMOVAL
TO THE UNITED STATES DISTRICT COURT

PLEASE TAKE NOTICE that Defendants Catherine Albertson and Crete Carrier

Corporation DBA Crete Carrier Corp Shaffer Trucking on February 20, 2023, ﬁled in the United

States District Court for the Northern District of Texas, Dallas Division, their Notice of Removal

of the above-styled and numbered cause from the 95th District Court, Dallas County, Texas, to the

United States District Court for the Northern District of Texas, Dallas Division. A copy of the
Notice of Removal is attached as Exhibit 1.

DEFENDANTS’ NOTICE 0F REMOVAL PAGE 1
Respectfully submitted,
MAYER LLP

By: /S/Lindsav G. Gorbach
Lindsay G. Gorbach
Texas Bar No. 24059839
Laura E. Calloway
Texas Bar No. 24099661

750 North Saint Paul Street, Suite 700
Dallas, Texas 75201
(870) 926-2225
(214) 379-6939 (facsimile)
lgorbach@mayerllp.com
lcalloway@mayerllp.com

ATTORNEYS FOR DEFENDANTS

CERTIFICATE OF SERVICE
The undersigned hereby certiﬁes that a true and correct copy of the foregoing document
was served on the following counsel of record Via electronic transmission, on February 20, 2023:

Jason McGilberry
Felipe B. Link
LINK & ASSOCIATES
10440 North Central Expy., Ste. 950
Dallas, Texas 75231

/s/Lz'ndsav G. Gorbach
Lindsay G. Gorbach

DEFENDANTS’ NOTICE 0F REMOVAL PAGE 2
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 1 of 13 PageID 1

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
TERESITA CANNEDY,

§§§§§§§§§§§§
Plaintiff;

CATHERINE ALBERTSON AND CIVIL ACTION NO.
CRETE CARRIER CORPORATION
DBA CRETE CARRIER CORP
SHAFFER TRUCKING,
Defendants.

DEFENDANTS’ NOTICE OF REMOVAL

Pursuant to 28 U.S.C. 1332, 1441 and 1446, Defendants Catherine Albertson and Crete

Carrier Corporation DBA Crete Carrier Corp Shaffer Trucking (“Defendants”) ﬁle this Notice of

Removal from the 95th District Court, Dallas County, Texas, to the United States District Court

for the Northern District of Texas, Dallas Division, and respectfully states the following:

State Court Action

1. On May 19, 2022, Plaintiff Teresita Cannedy (“Plaintiff”) initiated this action by

ﬁling Plaintiffs’ Original Petition (the “Petition”), Cause No. DC-22-05341, in the 95th District

Court, Dallas County, Texas (the “State Court Action”) against Defendants, Catherine Albertson

and Crete Carrier Corporation DBA Crete Carrier Corp Shaffer Trucking. Plaintiff asserts claims

of negligence against Catherine Albertson and claims of Vicarious responsibility and direct action

negligence claims against Crete Carrier Corporation DBA Crete Carrier Corp Shaffer Trucking,

seeking recovery of personal injury damages for injuries allegedly sustained in an automobile

accident. The address for the 95th District Court, Dallas County, is 600 Commerce Street, #640,

DEFENDANTS’ NOTICE 0F REMOVAL PAGE l

EXHIBIT 1
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 2 of 13 PageID 2

Dallas, Texas 75202. There are no other known related cases pending in any court other than this

State Court Action.

Timeliness of Removal

2. While Plaintiff’s Original Petition “claims monetary relief of no more than

$74,999.00,” on January 20, 2023, Plaintiff communicated a settlement demand in excess of

$75,000.00.

3. Defendants’ Notice of Removal is therefore timely pursuant to 28 U.S.C.

1446(b)(3).

Grounds for Removal

4. Pursuant to 28 U.S.C. 1441(a), the State Court Action may be removed to this Court

because this Court has original jurisdiction over the claims and parties in the State Court Action

under 28 U.S.C. 1332 and 1441. The United States District Court for the Northern District of

Texas, Dallas Division, is the proper venue for this action because it presides over the district and

division Within which the State Court Action was ﬁled (Dallas County). See 28 U.S.C. 1441(a).

5. Plaintiff Teresita Cannedy is a resident and citizen of the State of Texas. See

Plaintiffs’ Original Petition attached hereto as Exhibit A-2, 11 2.1.

6. Defendant Crete Carrier Corporation is a Nebraska corporation with its principal

place of business in Lincoln, Nebraska. Thus, Defendant Crete Carrier Corporation is a citizen of

Nebraska.

7. Defendant Catherine Albertson is an individual who permanently resides in Five

Points, Alabama. Thus, Defendant Albertson is a citizen of Alabama.

8. Complete diversity of citizenship therefore exists between Plaintiff and Defendants.

9. The amount in controversy exceeds $75,000.00, excluding interest, costs and

DEFENDANTS’ NOTICE 0F REMOVAL PAGE 2
Case 3:23-cv-OO387-N Document 1 Filed 02/20/23 Page 3 of 13 PageID 3

attorney’s fees.

Required Documents and Information

10. In accordance with LR CV-8 1 , the following documents and information are hereby

furnished to the Court:

a) A completed civil cover sheet is being ﬁled concurrently with this Notice of

Removal;

b) A completed supplemental civil cover sheet is being ﬁled concurrently with this

Notice of Removal;

c) An Index identifying all documents including the date of ﬁling in state court, with

a copy of the state court docket sheet and a copy of each document ﬁled in the state

court action including all pleadings that assert causes of action, all answers to such

pleadings, and a copy of all process and orders served upon the party removing the

case to this court as required by 28 U.S.C. § 1446(a); and

d) A separately signed certiﬁcate of interests persons in compliance with Rule 7.1 and

LR 3.1(c).

e) A complete list of attorneys involved in the action being removed, including each

attorney’s bar number, address, telephone number, and party or parties represented

by that attorney:

Attorney Bar N0. Address Telephone No. Party
Represented
Jason McGilberry 24099708 10440 North Central (214) 214-3001 Plaintiff
Expy., Ste. 950, Dallas,
Texas 75231
Felipe B. Link 24057968 10440 North Central (214) 214-3001 Plaintiff
Expy., Ste. 950, Dallas,
Texas 75231

DEFENDANTS’ NOTICE 0F REMOVAL PAGE 3
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 4 of 13 PageID 4

Lindsay G. Gorbach 24059839 750 North Saint Paul (214) 379-6900 Defendants
Street, Suite 700,
Dallas, Texas 75201
Laura E. Calloway 24099661 750 North Saint Paul (214) 379-6900 Defendants
Street, Suite 700,
Dallas, Texas 75201

Jury Demand

1 1. Defendants previously demanded a jury tn'al in accordance with state law. See July

8, 2022 Letter to the Court, attached to the Index as Exhibit A-8.

Notice 0f Removal

12. Pursuant to 28 U.S.C. 1446(d), written notice of the ﬁling of this Notice of Removal

to all adverse parties and a true and correct copy of this Notice of Removal will be ﬁled with the

Clerk of the District Court of Dallas County, Texas.

Request for Relief

l3. Defendants request the following relief:

i. That the Court make such orders, if any, and take such action, if any, as may
be necessary in connection with the removal of the State Court Action to

this Court;

ii. That the Court exercise its jurisdiction over the claims and parties in the

State Court Action; and

iii. For such other and further relief, both general and special, at law and in

equity, to which Defendants may show themselves justly entitled.

DEFENDANTS’ NOTICE 0F REMOVAL PAGE 4
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 5 of 13 PageID 5

Respectfully submitted,
MAYER LLP

By: /S/Lindsav G. Gorbach
Lindsay G. Gorbach
Texas Bar No. 24059839
Laura E. Calloway
Texas Bar No. 24099661

750 North Saint Paul Street, Suite 700
Dallas, Texas 75201
(214) 379-6900
(214) 379-6939 (facsimile)
1gorbach@mayer11p.com
lcalloway@mayerllp.com

ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
The undersigned hereby certiﬁes that a true and correct copy of the foregoing document
was served on the following counsel of record Via electronic transmission, on February 20, 2023:

Jason McGilberry
Felipe B. Link
LINK & ASSOCIATES
10440 North Central Expy., Ste. 950
Dallas, Texas 75231

/s/Lindsav G. Gorbach
Lindsay G. Gorbach

DEFENDANTS’ NOTICE 0F REMOVAL PAGE 5
FILED
5/19/2022 11:34 AM
1 COT'ESER se 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 6 of 13 PageID 6 DISFTEFEI'S'TACPL'EEE
1 CIT-ESERV DALLAS 00., TEXAS
Christi Underwood DEPUTY
DC-22-05341
CAUSE N0.

TERESITA CANNEDY, § IN THE DISTRICT COURT
§
Plaintiff, § 95th
§
VS. §
§ JUDICIAL DISTRICT
CATHERINE ALBERTSON AND §
CRETE CARRIER CORPORATION §
DBA CRETE CARRIER CORP §
SHAFFER TRUCKING, §
§
Defendants. § DALLAS COUNTY, TEXAS

PLAINTIFF'S ORIGINAL PETITION
AND REQUEST FOR DISCLOSURE

COMES NOW, TERESITA CANNEDY, Plaintiff in the above-entitled and numbered

cause of action, complaining of Defendants, CATHERINE ALBERTSON AND CRETE

CARRIER CORPORATION DBA CRETE CARRIER CORP SHAFFER TRUCKING, and in

support thereof would respectfully show the Court as follows:

I.
DISCOVERY CONTROL PLAN (LEVEL 2)
1.1 Pursuant to TEX. RULE 0F CIV. P. 190.3, the discovery of this case is to be conducted

under Level 2 Discovery Control Plan.

II.
PARTIES
2.1 Teresita Cannedy (“Plaintiff”) is a resident of Lancaster, Dallas County, Texas.

2.2 Catherine Albertson (“Defendant Albertson”) is a nonresident of the State of Texas

and this suit grows out of a collision or accident in which CATHERINE ALBERTSON was

involved while operating a motor vehicle in this state in Lancaster, Dallas County, Texas.

PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 1

EXHIBIT A-2
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 7 of 13 PageID 7

Accordingly, pursuant to Section 17.062 (a) of the Texas Civil Practice and Remedies Code, the

Chairman of the Texas Transportation Commission, Tryon D. Lewis, 125 E. 11th Street, Austin,

Texas 78701-2483 is an agent for service of process on CATHERINE ALBERTSON. Pursuant to

Section 17.063, a certiﬁed copy of the process must be served on the Chairman not later than the

20th day prior to the date of the return stated in the process. The chairman is then instructed to

mail a copy of the process and notice that the process has been served on the chairman to:

CATHERINE ALBERTSON

5435 COUNTY ROAD 278, FIVE POINTS, AL 36855.

by registered mail or certiﬁed mail, return receipt requested, postage prepaid. Plaintiff requests a

Chairman’s Certiﬁcate be issued in connection with this service.

2.3 Crete Carrier Corporation DBA Crete Carrier Corp Shaffer Trucking (“Defendant

Crete Carrier”) is a foreign corporation with its principal ofﬁces located in the State of Nebraska,

and is licensed and registered as an interstate motor carrier. Defendant Crete Carrier engaged in

business in the State of Texas by allowing its employee, agent, or servant to operate a motor vehicle

on the roads and highways of the State of Texas and in so doing he was involved in a motor vehicle

collision with Plaintiff in Dallas County, Texas. TEX. CIV. PRAC. & REM. CODE §§17.041 and

l7.042(2). Defendant Crete Carrier ﬁled a form BOC-3 with the Federal Motor Carrier Safety

Administration making a blanket designation naming “National Registered Agents, Inc.” its

process agent. National Registered Agents, Inc. has designated National Registered Agents, Inc.

as its agent for service in Texas. Therefore, service of process on Defendant Crete Carrier may be

made by serving its process agent: NATIONAL REGISTERED AGENTS, INC., 1999 BRYAN

STREET, SUITE 900 DALLAS. TEXAS 75201.

PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 2
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 8 of 13 PageID 8

III.
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 P Pursuant to TEX. RULE OF CIV. P. 47(c)(1), Plaintiff’ s claim for monetary relief is

only monetary relief of $250,000 or less, excluding interest, statutory or punitive damages and

penalties, and attorney fees and costs. Plaintiff speciﬁcally claims monetary relief of no more than

$74,999.00.

V.
FACTS
5.1 On or about August 14, 2020, was traveling west bound in the 3400 Block of W

Belt Line Road. At said time and place, Defendant Albertson was traveling east bound in the 3500

Block of W Belt Line Road. Suddenly and without warning, Defendant Albertson attempted to

turn left, causing a collision between the two vehicles. This collision caused severe injuries to

Plaintiff.

VI.
NEGLIGENCE
6.1 On the occasion in question, Defendant Albertson operated a 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;

PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 3
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 9 of 13 PageID 9

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;

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 Defendant Albertson drove the 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.
RESPONDEAT SUPERIOR

7.1 At all times material to this lawsuit, Defendant Albertson was an employee of

Defendant Crete Carrier and was acting within the course and scope of that employment.

Consequently, Defendant Crete Carrier is vicariously liable to Plaintiff for the negligent and/or

negligent per se conduct of Defendant Albertson under the doctrine of respondeat superior.

PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 4
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 10 of 13 PageID 10

VIII.
NEGLIGENT HIRING/TRAINING/SUPERVISION/ENTRUSTMENT
8.1 Plaintiff would show that said collision made the basis of this lawsuit resulted from

the negligence of Defendant Crete Carrier. Such negligent and/or negligent per se acts or omission

include, but are not limited to the following:

a. hiring and/or retaining Defendant Albertson, whom it knew or should have
known was a reckless or incompetent driver;

entrusting a vehicle to Defendant Albertson, whom it knew or should have
known was a reckless or incompetent driver;

failing to properly investigate Defendant Albertson’s driving and
employment history;

failing to properly train Defendant Albertson;

failing to properly supervise Defendant Albertson’s driving activities;

failing to maintain the vehicle involved in the collision in proper working;

failing to properly repair the vehicle involved in the collision;

failing to properly inspect the vehicle involved in the collision in question;
and

i. other acts of negligence and/or negligence per se.

8.2 One, some, or all of the foregoing acts and/or omissions or others on the part of

Defendant Crete Carrier constituted negligence and/or negligence per se and such negligence

and/or negligence per se was a proximate cause of the occurrence and Plaintiff’ s injuries and

damages.

IX.
DAMAGES

9.1 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 Defendants, Plaintiff sustained

PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 5
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 11 of 13 PageID 11

signiﬁcant injuries and damages in the past and will in reasonable probability sustain these

damages in the future.

9.2 Plaintiff respectfully requests that the trier of fact determine the amount of the

damages and losses that she 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;
d. Medical care expenses;

e. Loss of earning capacity; and

f. Out-of-pocket economic losses.

X.
CLAIM FOR PREJUDGMENT
AND POST-JUDGMENT INTEREST

10.1 Plaintiff claims interest in accordance With TEX. FINANCE CODE §304.001 et seq.

and any other applicable law.

XI.
REQUESTS FOR DISCLOSURE
1 1.1 Pursuant to Rule 194, Request is made that each Defendant disclose the information

or material described in TEX. RULE 0F CIV. P. 194.2 (1)-(12).

XII.
RULE 193.7 NOTICE
12.1 Pursuant to TEX. RULE OF CIV. P. 193.7, Plaintiff gives notice to Defendants 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.

PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 6
Case 3:23-cv-00387-N Document 1 Filed 02/20/23 Page 12 of 13 PageID 12

PRAYER

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants 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.

Respectﬁllly submitted,

By; gaw~
JASON MCGILBERﬁf
State Bar No. 24099708
E-Mail: imcgilberryéﬂlinklawpccom
FELIPE B. LINK
State Bar No. 24057968
E-Mail: ﬂink@linklawpc.com

LINK & ASSOCIATES
10440 North Central Expy., Ste. 950
Dallas, Texas 75231
Telephone: (214) 214-3001
Facsimile: (214) 521-5871
ATTORNEYS FOR PLAINTIFF

PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE PAGE 7
Case 3:23-cv—00387-N Document 1 Filed 02/20/23 Page 13 of 13 PageID 13
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 Jason McGiIberry
Bar No. 24099708
e-filing@linklawpc.com
Envelope ID: 64662790
Status as of 5/23/2022 9:12 AM CST

Case Contacts

Name BarNumber Email TimestampSubmitted Status
Andres Beteta andres@linklawpc.com 5/19/2022 11:34:35 AM SENT
Felipe B.Link flink@linklawpc.com 5/19/2022 11:34:35 AM SENT
Jason McGiIberry JMcGilberry@linklawpc.com 5/19/2022 11:34:35 AM ERROR
Link & Associates E-Filing service e-filing@linklawpc.com 5/19/2022 11:34:35 AM SENT
Sara Link sara@linklawpc.com 5/19/2022 11:34:35 AM SENT
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.

Heather Young on behalf of Lindsay Gorbach
Bar No. 24059839
hyoung@mayerllp.com
Envelope ID: 73026301
Status as of 2/23/2023 10:59 AM CST

Associated Case Party: TERESITA CANNEDY

Name BarNumber Email TimestampSubmitted Status
Monica Isaac monica@linklawpc.com 2/23/2023 8:19:31 AM SENT
Oscar Rodriguez Oscar@LinkLawPC.com 2/23/2023 8:19:31 AM SENT

Case Contacts

Name BarNumber Email TimestampSubmitted Status

Felipe B.Link flink@linklawpc.com 2/23/2023 8:19:31 AM SENT
Sara Link sara@linklawpc.com 2/23/2023 8:19:31 AM SENT
Link & Associates E-Filing service e-filing@linklawpc.com 2/23/2023 8:19:31 AM SENT
Jason McGilberry JMcGilberry@linklawpc.com 2/23/2023 8:19:31 AM SENT

Associated Case Party: CRETE CARRIER CORPORATION

Name BarNumber Email TimestampSubmitted Status
John A.Landreth jlandreth@mayerllp.com 2/23/2023 8:19:31 AM SENT
Heather Young hyoung@mayerllp.com 2/23/2023 8:19:31 AM SENT
Lindsay G.Gorbach lgorbach@mayerllp.com 2/23/2023 8:19:31 AM SENT
Laura Calloway Icalloway@mayerllp.com 2/23/2023 8:19:31 AM SENT

Case Info

Judge

PURDY, MONICA Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

February 20, 2023

Case Filing Date

May 19, 2022

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Party Notice: TERESITA CANNEDY vs. CATHERINE ALBERTSON, et al

Preview

Related Topics

Case Info

Parties