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F'LED
1 CIT ESERVE 1/30/2023 1:33 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Shunta Jackson DEPUTY
DC-23-01 394
Cause No.
JANICE JACKSON § IN THE DISTRICT COURT
§
Plaintiff, §
§
vs. §
§ DALLAS COUNTY, TEXAS
HAMILTON MARTINEZ CI-IICAS §
§
Defendant. § 192nd
§ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
COMES NOW, Plaintiff, JANICE JACKSON, by and through her attorney of record, and
files this Original Petition against the above-named defendant, and for causes of action would
show unto this Court the following:
I
DISCOVERY CONTROL PLAN
l. Plaintiff intends to conduct discovery under Level 2 in accordance with Texas Rules of
Civil Procedure 190.
II
PARTIES
2. Plaintiff, Janice Jackson, is an individual who resides in Nacogdoches County, Texas.
Defendant, Hamilton Martinez Chicas, is an individual who resides in Dallas, County, Texas and
may served with process at 4312 CARPENTER AVE APT 160, DALLAS, TX 75210-1715 or
wherever he may be found.
Issuance of citation is requested at this time.
III
JURISDICTION AND VENUE
l. This Court has jurisdiction over the Defendant because they have either conducted business
Plaintiff’s Original Petition Page 1 of 5
in Texas, committed a tort in Texas, or have had continuous contact with the State of Texas. In
addition, the damages for which Plaintiffs bring suit exceeds the minimal jurisdiction limits of the
CouIt, as Plaintiff seeks monetary relief exceeding $50,000.00, but not more than $1,000,000.00.
2. Venue is also proper in Dallas County, Texas because all or a substantial part of the events
or omissions giving rise to the claim occurred in Dallas County, Texas.
IV
FACTS
3. On or around January 31, 2021, Plaintiff, Janice Jackson, was traveling on Elsie Faye
Heggins at the intersection of Lagow Road in Dallas, Texas, when her Honda Van was Violently
and unexpectedly struck in the passenger door of by Defendant, Hamilton Martinez Chicas, who
ran through a stop sign.
4. Following the incident, Plaintiff sought medical treatment from Baylor University Medical
Center and several other healthcare providers due to the injuries caused by the impact.
V
CAUSES OF ACTION
Count One: Negligence
5. Plaintiff realleges, as if fully set forth, each and every allegation contained in Paragraphs
1 through 4 above, and further alleges:
6. Defendant, Hamilton Martinez Chicas owed Ms. Jackson the duty to exercise reasonable
ordinary care under the circumstances. The Defendant knew or should have known the danger
created by his actions when he failed to exercise ordinary care to protect Ms. Jackson from harm.
The Defendant’s failure to use ordinary care proximately caused Plaintiff’ s injuries and damages.
7. On the occasion in question, the Defendant, Hamilton Martinez Chicas owned, occupied,
operated, insured, and/or controlled his vehicle in a negligent, grossly negligent and reckless
Plaintiff’s Orig'nal Petition Page 2 of 5
manner and violated the duty owed to Plaintiff to exercise ordinary care in at least the following
ways:
a. Hamilton Martinez Chicas failed to keep a proper lookout;
b. Hamilton Martinez Chicas drove at a greater rate of speed than a reasonable person
would have driven under the same or similar circumstances in Violation of the Texas
Transportation Code Section 545.351;
c. Hamilton Martinez Chicas failed to slow down his vehicle immediately prior to the
collision in question;
d. Hamilton Martinez Chicas failed to apply the brakes of his vehicle immediately
prior to the collision in question;
e. Hamilton Martinez Chicas failed to timely apply the brakes with sufficient force to
prevent the collision in question;
f. Hamilton Martinez Chicas failed to steer his vehicle properly to avoid the collision;
g. Hamilton Martinez Chicas drove his vehicle at the time and on the occasion in
question with willful and wanton disregard for the safety of others, in Violation of
the laws of the State of Texas, including Texas Transportation Code, Section
545.401;
8. One or more of the above cited Violations of law and regulations constituted negligence
per se.
9. Each of the foregoing acts and omissions, singularly or in combination with others,
constituted negligence that proximately caused the severe bodily injuries of Ms. Jackson. The
injuries have had serious effects on Plaintiff s health and well-being. Some of these ill effects may
be permanent and may abide with Plaintiff for a long time in the filture, if not for her entire life.
The specific injuries and their ill effects have, in turn, caused Plaintiff’s physical and mental
condition to deteriorate generally, and have caused and will, in all reasonable probability, continue
to cause Plaintiff to suffer the consequences and ill effects of this deterioration throughout her
body for a long time in the future, if not for the balance of her natural life.
Plaintiff’s Orig'nal Petition Page 3 of 5
10. As a filrther result of the nature and the consequences of her injuries, Plaintiff has suffered
great physical and mental pain, suffering, and anguish, and in all reasonable probability she Will
continue to suffer in this manner for a long time into the future, if not for the balance of her natural
life.
Count Two: Gross Negligence
11. Plaintiff realleges, as if fully set forth herein, each and every allegation contained in
Paragraphs 1 through 10 above, and further alleges:
12. The Defendant’s conduct constitutes gross negligence because his acts or omissions, when
Viewed objectively at the time of occurrence, involved an extreme degree of risk, considering the
probability and magnitude of the potential harm to others. Despite the actual, subjective awareness
of the risk involved, Hamilton Martinez Chicas proceeded with conscious indifference to the
rights, safety, and welfare of others by disregarding the rules governing the safety and operation
of motor vehicles and the rules of the road. Accordingly, Plaintiff seeks exemplary damages
against Defendant under Tex. Civ. Prac. & Rem. Code § 41.003.
VI
COMPENSATORY DAMAGES
13. Plaintiff realleges, as if fully set forth herein, each and every allegation contained in
Paragraphs 1 through 12 above, and flirther alleges:
14. As a result of Defendant’s negligent acts and omissions, Ms. Jackson seeks the recovery
of any and all compensatory damages, including but not limited to past and future medical
expenses, past and future loss of earnings, past and future pain and suffering, and mental anguish.
VII
PRAYER
15. WHEREFORE, Plaintiff respectfully requests that Defendant be cited to appear and
answer, and that Plaintiff have a judgment against Defendant for the actual and exemplary
Plaintiff’s Original Petition Page 4 of 5
damages, pre-judgment interest, costs, and such other and further relief to which she may be justly
entitled at law and equity.
Respectfully Submitted,
KELLEY LAW FIRM, P.C.
/s/Patrz'cia Morgan
Patricia Morgan
Texas Bar No. 24087521
morgan@kelleyfirm.com
201 N Harwood Street
Dallas, Texas 75201
Telephone: (972) 850-0500
Facsimile: (972) 850-0400
ATTORNEYS FOR PLAINTIFF
Plaintiff’s Original Petition Page 5 of 5
Preview
F'LED 1 CIT ESERVE 1/30/2023 1:33 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Shunta Jackson DEPUTY DC-23-01 394 Cause No. JANICE JACKSON § IN THE DISTRICT COURT § Plaintiff, § § vs. § § DALLAS COUNTY, TEXAS HAMILTON MARTINEZ CI-IICAS § § Defendant. § 192nd § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION COMES NOW, Plaintiff, JANICE JACKSON, by and through her attorney of record, and files this Original Petition against the above-named defendant, and for causes of action would show unto this Court the following: I DISCOVERY CONTROL PLAN l. Plaintiff intends to conduct discovery under Level 2 in accordance with Texas Rules of Civil Procedure 190. II PARTIES 2. Plaintiff, Janice Jackson, is an individual who resides in Nacogdoches County, Texas. Defendant, Hamilton Martinez Chicas, is an individual who resides in Dallas, County, Texas and may served with process at 4312 CARPENTER AVE APT 160, DALLAS, TX 75210-1715 or wherever he may be found. Issuance of citation is requested at this time. III JURISDICTION AND VENUE l. This Court has jurisdiction over the Defendant because they have either conducted business Plaintiff’s Original Petition Page 1 of 5 in Texas, committed a tort in Texas, or have had continuous contact with the State of Texas. In addition, the damages for which Plaintiffs bring suit exceeds the minimal jurisdiction limits of the CouIt, as Plaintiff seeks monetary relief exceeding $50,000.00, but not more than $1,000,000.00. 2. Venue is also proper in Dallas County, Texas because all or a substantial part of the events or omissions giving rise to the claim occurred in Dallas County, Texas. IV FACTS 3. On or around January 31, 2021, Plaintiff, Janice Jackson, was traveling on Elsie Faye Heggins at the intersection of Lagow Road in Dallas, Texas, when her Honda Van was Violently and unexpectedly struck in the passenger door of by Defendant, Hamilton Martinez Chicas, who ran through a stop sign. 4. Following the incident, Plaintiff sought medical treatment from Baylor University Medical Center and several other healthcare providers due to the injuries caused by the impact. V CAUSES OF ACTION Count One: Negligence 5. Plaintiff realleges, as if fully set forth, each and every allegation contained in Paragraphs 1 through 4 above, and further alleges: 6. Defendant, Hamilton Martinez Chicas owed Ms. Jackson the duty to exercise reasonable ordinary care under the circumstances. The Defendant knew or should have known the danger created by his actions when he failed to exercise ordinary care to protect Ms. Jackson from harm. The Defendant’s failure to use ordinary care proximately caused Plaintiff’ s injuries and damages. 7. On the occasion in question, the Defendant, Hamilton Martinez Chicas owned, occupied, operated, insured, and/or controlled his vehicle in a negligent, grossly negligent and reckless Plaintiff’s Orig'nal Petition Page 2 of 5 manner and violated the duty owed to Plaintiff to exercise ordinary care in at least the following ways: a. Hamilton Martinez Chicas failed to keep a proper lookout; b. Hamilton Martinez Chicas drove at a greater rate of speed than a reasonable person would have driven under the same or similar circumstances in Violation of the Texas Transportation Code Section 545.351; c. Hamilton Martinez Chicas failed to slow down his vehicle immediately prior to the collision in question; d. Hamilton Martinez Chicas failed to apply the brakes of his vehicle immediately prior to the collision in question; e. Hamilton Martinez Chicas failed to timely apply the brakes with sufficient force to prevent the collision in question; f. Hamilton Martinez Chicas failed to steer his vehicle properly to avoid the collision; g. Hamilton Martinez Chicas drove his vehicle at the time and on the occasion in question with willful and wanton disregard for the safety of others, in Violation of the laws of the State of Texas, including Texas Transportation Code, Section 545.401; 8. One or more of the above cited Violations of law and regulations constituted negligence per se. 9. Each of the foregoing acts and omissions, singularly or in combination with others, constituted negligence that proximately caused the severe bodily injuries of Ms. Jackson. The injuries have had serious effects on Plaintiff s health and well-being. Some of these ill effects may be permanent and may abide with Plaintiff for a long time in the filture, if not for her entire life. The specific injuries and their ill effects have, in turn, caused Plaintiff’s physical and mental condition to deteriorate generally, and have caused and will, in all reasonable probability, continue to cause Plaintiff to suffer the consequences and ill effects of this deterioration throughout her body for a long time in the future, if not for the balance of her natural life. Plaintiff’s Orig'nal Petition Page 3 of 5 10. As a filrther result of the nature and the consequences of her injuries, Plaintiff has suffered great physical and mental pain, suffering, and anguish, and in all reasonable probability she Will continue to suffer in this manner for a long time into the future, if not for the balance of her natural life. Count Two: Gross Negligence 11. Plaintiff realleges, as if fully set forth herein, each and every allegation contained in Paragraphs 1 through 10 above, and further alleges: 12. The Defendant’s conduct constitutes gross negligence because his acts or omissions, when Viewed objectively at the time of occurrence, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. Despite the actual, subjective awareness of the risk involved, Hamilton Martinez Chicas proceeded with conscious indifference to the rights, safety, and welfare of others by disregarding the rules governing the safety and operation of motor vehicles and the rules of the road. Accordingly, Plaintiff seeks exemplary damages against Defendant under Tex. Civ. Prac. & Rem. Code § 41.003. VI COMPENSATORY DAMAGES 13. Plaintiff realleges, as if fully set forth herein, each and every allegation contained in Paragraphs 1 through 12 above, and flirther alleges: 14. As a result of Defendant’s negligent acts and omissions, Ms. Jackson seeks the recovery of any and all compensatory damages, including but not limited to past and future medical expenses, past and future loss of earnings, past and future pain and suffering, and mental anguish. VII PRAYER 15. WHEREFORE, Plaintiff respectfully requests that Defendant be cited to appear and answer, and that Plaintiff have a judgment against Defendant for the actual and exemplary Plaintiff’s Original Petition Page 4 of 5 damages, pre-judgment interest, costs, and such other and further relief to which she may be justly entitled at law and equity. Respectfully Submitted, KELLEY LAW FIRM, P.C. /s/Patrz'cia Morgan Patricia Morgan Texas Bar No. 24087521 morgan@kelleyfirm.com 201 N Harwood Street Dallas, Texas 75201 Telephone: (972) 850-0500 Facsimile: (972) 850-0400 ATTORNEYS FOR PLAINTIFF Plaintiff’s Original Petition Page 5 of 5