Preview
FILED
1/31/2023 4:20 PM
1 CIT/ESERVE FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Belinda Hernandez DEPUTY
Cause No. DC-23-01394
JANICE JACKSON § IN THE DISTRICT COURT
§
Plaintiff, §
§
vs. §
LELVIA E. LIZAMA and § DALLAS COUNTY, TEXAS
HANIILTON MARTINEZ CI-IICAS, §
§
Defendants. §
§ 192M) JUDICIAL DISTRICT
PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION
COMES NOW, Plaintiff, JANICE JACKSON, by and through her attorney of record, and
files this First Amended Original Petition against the above-named defendants, and for causes of
action would show unto this Court the following:
I.
DISCOVERY CONTROL PLAN
Plaintiff intends to conduct discovery under Level 2 in accordance with Texas Rules of
Civil Procedure 190.
H.
PARTIES
1. Plaintiff, Janice Jackson, is an individual who resides in Nacogdoches County, Texas.
2. Defendant, Lelvia E. Lizama is an individual who resides in Dallas County and may be
served with process at 1617 Maple Drive, Garland, Texas 75042, or whoever she may be
found.
3. Defendant, Hamilton Martinez Chicas, is an individual who resides in Dallas, County,
Texas and may served with process at 1617 Maple Drive, Garland, Texas 75042 or wherever
he may be found.
Plaintiff’s First Amended Original Petition
Page 1 of 6
Issuance of citations is requested at this time.
III.
JURISDICTION AND VENUE
4. This Court has jurisdiction over the Defendants because they have either conducted
business in Texas, committed a tort in Texas, or have had continuous contact with the State of
Texas. In addition, the damages for which Plaintiff bring suit exceeds the minimal jurisdiction
limits of the Court, as Plaintiff seeks monetary relief exceeding $10,000.00, but not more than
$1,000,000.00.
5. 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
6. On or about January 31, 2021, Plaintiff, Janice Jackson, was traveling on Elsie Faye
Heggins Road at the intersection of Lagow Road in Dallas, Texas, when Defendant, traveling on
the lesser street, Lagow Road, ran a stop sign forcing Plaintiff to strike Defendants in the passenger
side door of their Honda Van.
7. 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
8. Plaintiff realleges, as if fully set forth, each and every allegation contained in Paragraphs
1 through 7 above, and further alleges:
9. Defendant, Lelvia Lizama owed Ms. Jackson the duty to exercise reasonable ordinary care
under the circumstances. The Defendant knew or should have known the danger created by her
Plaintiff’s First Amended Original Petition
Page 2 of 6
actions when she 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.
10. On the occasion in question, the Defendant, Lelvia Lizama, owned, occupied, operated
insured, and/or controlled her vehicle in a negligent, grossly negligent and reckless manner and
violated the duty owed to Plaintiff to exercise ordinary care in at least the following ways:
a. Lelvia Lizama failed to keep a proper lookout;
b. Lelvia Lizama 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. Lelvia Lizama failed to slow down her vehicle immediately prior to the collision in
question;
d. Lelvia Lizama failed to apply the brakes of her vehicle immediately prior to the
collision in question;
e. Lelvia Lizama failed to timely apply the brakes with sufficient force to prevent the
collision in question;
f. Lelvia Lizama failed to steer her vehicle properly to avoid the collision;
g. Lelvia Lizama drove her 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;
11. One or more of the above cited violations of law and regulations constituted negligence
per se.
12. 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 fiiture, 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
Plaintiff’s First Amended Original Petition
Page 3 of 6
to cause Plaintiff to suffer the consequences and ill effects of this deterioration throughout her
body for a long time in the fiiture, if not for the balance of her natural life.
13. As a further 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
l4. Plaintiff realleges, as if fiilly set forth herein, each and every allegation contained in
Paragraphs 1 through 13 above, and further alleges:
15. The Defendant’s conduct constitutes gross negligence because her 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, Lelvia Lizama 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.
Count Three: Negligent Entrustment
16. Plaintiff incorporates the preceding paragraphs as if fully set forth herein.
l7. In addition to other counts, Defendant Hamilton Martinez Chicas negligently entrusted the
vehicle to Defendant Lelvia Lizama, without properly training her as to the rules of safety and
general conduct and operating rules that apply to the roadway, and such negligent entrustment was
a proximate cause of Plaintiff’ s injuries. At the time of the collision, Defendant Lizama, driver,
was operating a 2003 Honda Van owned by Defendant Hamilton Martinez Chicas. Defendant
Lizama, was a reckless driver at the time of the collision. Defendant Chicas knew or should have
Plaintiff’s First Amended Original Petition
Page 4 of 6
known that Defendant Lizama did not have the proper training to drive the vehicle, had been
negligent in driving in the past and should not have been entrusted with the vehicle.
COMPENSATORY DAMAGES
18. Plaintiff incorporates the preceding paragraphs as if fully set forth herein and further
alleges:
19. As a result of Defendants’ 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.
REQUEST FOR JURY TRIAL
20. Plaintiff hereby demands a jury trial regarding all issues of fact presented in this action
pursuant to Rule 126 of the Texas Rules of Civil Procedure.
VIII.
PRE-JUDGMENT AND POST-JUDGMENT INTEREST
21. Plaintiff requests pre-judgment and post-judgment interest in accordance with the
maximum legal interest rates allowable as interpreted under the Tex. Fin. Code §§304.003-
304.102.
IX.
NOTICE OF INTENT TO USE DOCUMENTS PURSUANT TO TEX. R. CIV. P 193.7
22. Pursuant to Tex. R. Civ. P. 193.7, Plaintiffs hereby place Defendants on notice that any
and all documents, photographs, statements, Videos, electronic media, or other writings produced
by any and all parties in this litigation, current and/or dismissed, in this litigation are authenticated
for use against the producing party in this case and may be used as evidence during pre-trial
procedures and at trial of this matter.
PRAYER
Plaintiff’s First Amended Original Petition
Page 5 of 6
WHEREFORE, Plaintiff respectfully requests that Defendants be cited to appear and
answer, and that Plaintiff have a judgment against Defendants for the actual and exemplary
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 First Amended Original Petition
Page 6 of 6
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.
Mark Bragg on behalf of Patricia Morgan
Bar No. 24087521
bragg@kelleyfirm.com
Envelope ID: 72320430
Status as of 2/2/2023 2:42 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Lalah Johnson johnson@kelleyfirm.com 1/31/2023 4:20:21 PM SENT
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FILED 1/31/2023 4:20 PM 1 CIT/ESERVE FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Belinda Hernandez DEPUTY Cause No. DC-23-01394 JANICE JACKSON § IN THE DISTRICT COURT § Plaintiff, § § vs. § LELVIA E. LIZAMA and § DALLAS COUNTY, TEXAS HANIILTON MARTINEZ CI-IICAS, § § Defendants. § § 192M) JUDICIAL DISTRICT PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION COMES NOW, Plaintiff, JANICE JACKSON, by and through her attorney of record, and files this First Amended Original Petition against the above-named defendants, and for causes of action would show unto this Court the following: I. DISCOVERY CONTROL PLAN Plaintiff intends to conduct discovery under Level 2 in accordance with Texas Rules of Civil Procedure 190. H. PARTIES 1. Plaintiff, Janice Jackson, is an individual who resides in Nacogdoches County, Texas. 2. Defendant, Lelvia E. Lizama is an individual who resides in Dallas County and may be served with process at 1617 Maple Drive, Garland, Texas 75042, or whoever she may be found. 3. Defendant, Hamilton Martinez Chicas, is an individual who resides in Dallas, County, Texas and may served with process at 1617 Maple Drive, Garland, Texas 75042 or wherever he may be found. Plaintiff’s First Amended Original Petition Page 1 of 6 Issuance of citations is requested at this time. III. JURISDICTION AND VENUE 4. This Court has jurisdiction over the Defendants because they have either conducted business in Texas, committed a tort in Texas, or have had continuous contact with the State of Texas. In addition, the damages for which Plaintiff bring suit exceeds the minimal jurisdiction limits of the Court, as Plaintiff seeks monetary relief exceeding $10,000.00, but not more than $1,000,000.00. 5. 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 6. On or about January 31, 2021, Plaintiff, Janice Jackson, was traveling on Elsie Faye Heggins Road at the intersection of Lagow Road in Dallas, Texas, when Defendant, traveling on the lesser street, Lagow Road, ran a stop sign forcing Plaintiff to strike Defendants in the passenger side door of their Honda Van. 7. 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 8. Plaintiff realleges, as if fully set forth, each and every allegation contained in Paragraphs 1 through 7 above, and further alleges: 9. Defendant, Lelvia Lizama owed Ms. Jackson the duty to exercise reasonable ordinary care under the circumstances. The Defendant knew or should have known the danger created by her Plaintiff’s First Amended Original Petition Page 2 of 6 actions when she 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. 10. On the occasion in question, the Defendant, Lelvia Lizama, owned, occupied, operated insured, and/or controlled her vehicle in a negligent, grossly negligent and reckless manner and violated the duty owed to Plaintiff to exercise ordinary care in at least the following ways: a. Lelvia Lizama failed to keep a proper lookout; b. Lelvia Lizama 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. Lelvia Lizama failed to slow down her vehicle immediately prior to the collision in question; d. Lelvia Lizama failed to apply the brakes of her vehicle immediately prior to the collision in question; e. Lelvia Lizama failed to timely apply the brakes with sufficient force to prevent the collision in question; f. Lelvia Lizama failed to steer her vehicle properly to avoid the collision; g. Lelvia Lizama drove her 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; 11. One or more of the above cited violations of law and regulations constituted negligence per se. 12. 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 fiiture, 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 Plaintiff’s First Amended Original Petition Page 3 of 6 to cause Plaintiff to suffer the consequences and ill effects of this deterioration throughout her body for a long time in the fiiture, if not for the balance of her natural life. 13. As a further 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 l4. Plaintiff realleges, as if fiilly set forth herein, each and every allegation contained in Paragraphs 1 through 13 above, and further alleges: 15. The Defendant’s conduct constitutes gross negligence because her 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, Lelvia Lizama 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. Count Three: Negligent Entrustment 16. Plaintiff incorporates the preceding paragraphs as if fully set forth herein. l7. In addition to other counts, Defendant Hamilton Martinez Chicas negligently entrusted the vehicle to Defendant Lelvia Lizama, without properly training her as to the rules of safety and general conduct and operating rules that apply to the roadway, and such negligent entrustment was a proximate cause of Plaintiff’ s injuries. At the time of the collision, Defendant Lizama, driver, was operating a 2003 Honda Van owned by Defendant Hamilton Martinez Chicas. Defendant Lizama, was a reckless driver at the time of the collision. Defendant Chicas knew or should have Plaintiff’s First Amended Original Petition Page 4 of 6 known that Defendant Lizama did not have the proper training to drive the vehicle, had been negligent in driving in the past and should not have been entrusted with the vehicle. COMPENSATORY DAMAGES 18. Plaintiff incorporates the preceding paragraphs as if fully set forth herein and further alleges: 19. As a result of Defendants’ 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. REQUEST FOR JURY TRIAL 20. Plaintiff hereby demands a jury trial regarding all issues of fact presented in this action pursuant to Rule 126 of the Texas Rules of Civil Procedure. VIII. PRE-JUDGMENT AND POST-JUDGMENT INTEREST 21. Plaintiff requests pre-judgment and post-judgment interest in accordance with the maximum legal interest rates allowable as interpreted under the Tex. Fin. Code §§304.003- 304.102. IX. NOTICE OF INTENT TO USE DOCUMENTS PURSUANT TO TEX. R. CIV. P 193.7 22. Pursuant to Tex. R. Civ. P. 193.7, Plaintiffs hereby place Defendants on notice that any and all documents, photographs, statements, Videos, electronic media, or other writings produced by any and all parties in this litigation, current and/or dismissed, in this litigation are authenticated for use against the producing party in this case and may be used as evidence during pre-trial procedures and at trial of this matter. PRAYER Plaintiff’s First Amended Original Petition Page 5 of 6 WHEREFORE, Plaintiff respectfully requests that Defendants be cited to appear and answer, and that Plaintiff have a judgment against Defendants for the actual and exemplary 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 First Amended Original Petition Page 6 of 6 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. Mark Bragg on behalf of Patricia Morgan Bar No. 24087521 bragg@kelleyfirm.com Envelope ID: 72320430 Status as of 2/2/2023 2:42 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Lalah Johnson johnson@kelleyfirm.com 1/31/2023 4:20:21 PM SENT