Preview
FILED
10/2/2020 11:37 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Ke Ilie Juricek DEPUTY
CAUSE NO. DC—20-09607
GEORGE BATIE, § IN THE DISTRICT COURT
Plaintiff, §
§
v. § 193KB JUDICIAL DISTRICT
§
JOHN DOE A/N/F of ROSENDO §
HERNANDEZ and ANTONIA §
PEREZ, §
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, GEORGE BATIE, Plaintiff, and files this, his Original Petition
complaining of Defendants, JOHN DOE A/ N/F 0F ROSENDO HERNANDEZ AND ANTONIA
PEREZ, and respectfully shows the Court the following:
I.
DISCOVERY CONTROL PLAN
Plaintiff seeks monetary relief over $100,000.00 but not more than $200,000.00,
including damages 0f any kind, penalties, costs, expenses, pre-judgment interest, and
attorney fees. Plaintiff requests Discovery in this case is intended t0 be conducted under
Level 2 0f Rule 190 0f the Texas Rules 0f Civil Procedure.
II.
JURISDICTION 8: VENUE
This Court maintains jurisdiction over Defendants because the torts at issue were
committed in Texas. Pursuant to TEX. CIV. PRAC. & REM. CODE § 15.002(a)(1), venue
is proper in DALLAS COUNTY, TEXAS because all 0r a substantial part 0f the events giving
rise to Plaintiff’s claim occurred in DALLAS COUNTY, TEXAS.
III.
PARTIES
Plaintiff, GEORGE BATIE, is a resident of DALLAS COUNTY, TEXAS.
The address for service 0f the Defendant, JOHN DOE A/N/F OF ROSENDO
HERNANDEZ, is unknown at this time.
PLAINTIFF’S FIRST AMENDED PETITION PG. 1
Defendant, ANTONIA PEREZ, resides in DALLAS COUNTY, TEXAS and can be served
with process at 11236 Iris Drive, Balch Springs, Texas 75180 0r wherever she may be
found.
IV.
BACKGROUND FACTS
This lawsuit is based 0n a motor vehicle collision that occurred 0n February 10,
2019, in DALLAS COUNTY, TEXAS. On the date of the accident Plaintiff, GEORGE BATIE, was
a passenger in a vehicle travelling eastbound 0n US Highway 175. ROSENDO HERNANDEZ
(DECEASED) was also travelling eastbound on US Highway 175 when he lost control 0f his
vehicle, struck a cement pillar will, and was ejected from his vehicle. ROSENDO
HERNANDEZ’ (DECEASED) vehicle then collided with the rear of the vehicle Plaintiff was
travelling in. ROSENDO HERNANDEZ (DECEASED) was found to have cocaine and marijuana
in his system at the time 0f the accident. At the time the collision occurred, ROSENDO
HERNANDEZ (DECEASED) was negligently and/ 0r recklessly operating a vehicle that was
owned by ANTONIA PEREZ. As a result of Defendants’ ROSENDO HERNANDEZ (DECEASED)
and ANTONIA PEREZ negligence, Plaintiff has incurred substantial medical bills and
injuries as a result of the collision.
V.
CAUSES OF ACTION
Count I Gross Negligence - IOHN DOE A/N/F OF ROSENDO HERNANDEZ
-
Plaintiff incorporates by reference the allegations contained in the foregoing
paragraphs.
The collision referenced above, and the resulting injuries and damages were
proximately caused by the negligent conduct of ROSENDO HERNANDEZ (DECEASED) in one
0r more of the following respects:
i. In failing to safely operate one’s vehicle;
ii. In failing to maintain a proper control of his vehicle;
iii. In failing to maintain a proper lookout;
iv. In failing to follow traffic control devices and signs;
v. In driving while distracted;
PLAINTIFF’S FIRST AMENDED PETITION PG. 2
Vi. In failing to timely apply the brakes of his vehicle in order to avoid collision
in question;
vii. In failing t0 keep such a lookout as a person of ordinary prudence would
have kept under the same 0r similar circumstances; and
viii. In failing to take proper evasive action.
The acts and omissions 0f ROSENDO HERNANDEZ (DECEASED), described above:
i. Constituted gross negligence and were a proximate cause of the injuries and
damages in question, entitling Plaintiff to punitive/ exemplary damages;
ii. Were carried out with a flagrant disregard for the rights of others and with
actual awareness 0n the part of ROSENDO HERNANDEZ (DECEASED)that his
acts and omissions, would, in reasonable probability, result in great bodily
harm, justifying the award of punitive/exemplary damages and said acts
were a cause, and/ 0r proximate cause and/ 0r producing cause of the
injuries and damages in question.
Each and all 0f the foregoing acts or omissions 0n the part 0f ROSENDO HERNANDEZ
(DECEASED), whether taken singularly or collectively, were a proximate cause of the
occurrence in questions and a direct and proximate cause 0f the injured and damages
sustained by the Plaintiff, herein.
Count II - Negligent Entrustment - ANTONIA PEREZ
On February 10, 2020, ANTONIA PEREZ owned the vehicle that was operated
by ROSENDO HERNANDEZ (DECEASED). Prior to and at the time in question, Defendant
ANTONIA PEREZ entrusted his vehicle to Defendant ROSENDO HERNANDEZ (DECEASED) for
the purpose of operating it 0n public streets and highways. Thereafter, ROSENDO
HERNANDEZ (DECEASED) operated the vehicle with the knowledge, consent, and
permission of Defendant ANTONIA PEREZ.
At such time, Defendant ANTONIA PEREZ knew 0r should have known that
ROSENDO HERNANDEZ (DECEASED) was incompetent 0r unfit t0 safely operate a motor
vehicle on public streets and highways in that ROSENDO HERNANDEZ (DECEASED) was
reckless and/or negligent. Defendant ANTONIA PEREZ knew, or in the exercise 0f due
care, should have known, that ROSENDO HERNANDEZ (DECEASED) was an incompetent
PLAINTIFF’S FIRST AMENDED PETITION PG. 3
driver and would create an unreasonable risk of danger to persons 0r property on public
streets and highways in Texas.
VI.
DAMAGES
Plaintiff incorporates the previous paragraphs by reference as though fully set forth
in their entirety. Plaintiff incurred the following actual damages for which they seek
recovery:
a. Medical Expenses: Plaintiff incurred bodily injuries which were caused by
the Collision. Plaintiff incurred medical expenses in the past and will
incur medical expenses in the future.
b. Physical Pain: Plaintiff endured severe and constant physical pain in the
past and will endure pain in the future.
c. Mental Anguish: Plaintiff endured mental anguish in the past and will
endure mental anguish in the future.
Pursuant to Section 41.001, Civil Practice & Remedies Code, to recover punitive and
exemplary damages against JOHN DOE A/ N/ F 0F ROSENDO HERNANDEZ and ANTONIA
PEREZ.
Further, or in the alternative, Plaintiff sues pursuant to Article 16, Section 26, Texas
Constitution, to recover punitive and exemplary damages against Defendants for
common law gross negligence, and for gross negligence at common law. ROSENDO
HERNANDEZ’ (DECEASED) acts and/ 0r omissions were a reckless disregard 0f the rights of
others and were the result 0f conscious indifference to the rights, welfare and safety 0f
other persons, including Plaintiff, GEORGE BATIE. ROSENDO HERNANDEZ (DECEASED) was
aware, or should have been aware, that his acts and/ or omissions created an extreme
risk 0f serious injury to others, including Plaintiff, GEORGE BATIE.
VII.
JURY DEMAND
Pursuant to Rule 216 of the Texas Rules 0f Civil Procedure, Plaintiff hereby makes
demand and application for jury trial.
PLAINTIFF’S FIRST AMENDED PETITION PG. 4
VIII.
REQUESTS FOR DISCLOSURE
Pursuant to Rule 194, Defendants are requested to disclose, within fifty (50) days
of the service 0f this request, the information or material described in Rule 194.2(a), (b),
(C), (d), (6), (f), (g), (h), (i), (i), (k), and (1)-
IX.
REQUESTS FOR ADMISSIONS TO DEFENDANT ANTONIA PEREZ
Pursuant t0 Rule 198 of the Texas Rules of Civil Procedure, Defendant ANTONIA
PEREZ shall answer the following Requests for Admissions Within fifty (50) days of service
of this Petition:
a. Admit that on February 10, 2019 ROSENDO HERNANDEZ (DECEASED) while
operating a vehicle owned by Defendant ANTONIA PEREZ was involved in
an automobile collision.
b. Admit that on February 10, 2019 you entrusted your vehicle t0 ROSENDO
HERNANDEZ (DECEASED).
c. Admit that Defendant ANTONIA PEREZ was aware that ROSENDO
HERNANDEZ (DECEASED) did not have a valid driver’s license on February
10, 2019.
d. Admit that Defendant is not Claiming any negligence or responsibility on the
part of Plaintiff with regards to the collision.
X.
REQUEST FOR RELIEF
Pursuant t0 Texas Rules 0f Civil Procedure 193.7, notice is hereby given 0f the
intention t0 use during the trial of this case any of the documents exchanged in this case.
Plaintiff requests that Defendants be cited t0 appear that upon final trial, and
recover from Defendants judgment for:
i. Actual damages Within the jurisdictional limits of the Court;
ii. Pre-judgment interest at the maximum rate allowed by law;
iii. Post-judgment interest at the maximum rate allowed by law;
iv. Costs of Court; and
PLAINTIFF’S FIRST AMENDED PETITION PG. 5
V. Such other and further relief t0 which Plaintiff may be entitled at law or
equity.
Respectfully submitted,
FIELDING LAW, PLLC
/ s/ Clayton Parry
MICHAEL S. FIELDING
State Bar No. 24065226
CLAYTON PARRY
State BarNo. 24091417
18601 Lyndon B. Johnson Freeway
Town East Tower, Suite 315
Mesquite, Texas 75150
Telephone: 214.666.8625
Fax: 214.279.6439
eservice@fieldinglaw.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S FIRST AMENDED PETITION PG. 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.
Macey Raibley on behalf of Clayton Parry
Bar No. 24091417
macey@fieldinglaw.com
Envelope ID: 46791391
Status as of 10/5/2020 8:30 AM CST
Associated Case Party: ANTONIA PEREZ
Name BarNumber Email TimestampSubmitted Status
Richard J.Byrne rbyrne@ekvallbyrne.com 10/2/2020 11:37:18 AM SENT
Sandi Williams swiIliams@ekvallbyrne.com 10/2/2020 11:37:18 AM SENT
Rance MBryson rbryson@ekva||byrne.com 10/2/2020 11:37:18 AM SENT
Lillie E.Sanchez Isanchez@ekvallbyrne.com 10/2/2020 11:37:18 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
CLAYTON PARRY eservice@fie|dinglaw.com 10/2/2020 11:37:18 AM SENT
Preview
FILED 10/2/2020 11:37 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Ke Ilie Juricek DEPUTY CAUSE NO. DC—20-09607 GEORGE BATIE, § IN THE DISTRICT COURT Plaintiff, § § v. § 193KB JUDICIAL DISTRICT § JOHN DOE A/N/F of ROSENDO § HERNANDEZ and ANTONIA § PEREZ, § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, GEORGE BATIE, Plaintiff, and files this, his Original Petition complaining of Defendants, JOHN DOE A/ N/F 0F ROSENDO HERNANDEZ AND ANTONIA PEREZ, and respectfully shows the Court the following: I. DISCOVERY CONTROL PLAN Plaintiff seeks monetary relief over $100,000.00 but not more than $200,000.00, including damages 0f any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. Plaintiff requests Discovery in this case is intended t0 be conducted under Level 2 0f Rule 190 0f the Texas Rules 0f Civil Procedure. II. JURISDICTION 8: VENUE This Court maintains jurisdiction over Defendants because the torts at issue were committed in Texas. Pursuant to TEX. CIV. PRAC. & REM. CODE § 15.002(a)(1), venue is proper in DALLAS COUNTY, TEXAS because all 0r a substantial part 0f the events giving rise to Plaintiff’s claim occurred in DALLAS COUNTY, TEXAS. III. PARTIES Plaintiff, GEORGE BATIE, is a resident of DALLAS COUNTY, TEXAS. The address for service 0f the Defendant, JOHN DOE A/N/F OF ROSENDO HERNANDEZ, is unknown at this time. PLAINTIFF’S FIRST AMENDED PETITION PG. 1 Defendant, ANTONIA PEREZ, resides in DALLAS COUNTY, TEXAS and can be served with process at 11236 Iris Drive, Balch Springs, Texas 75180 0r wherever she may be found. IV. BACKGROUND FACTS This lawsuit is based 0n a motor vehicle collision that occurred 0n February 10, 2019, in DALLAS COUNTY, TEXAS. On the date of the accident Plaintiff, GEORGE BATIE, was a passenger in a vehicle travelling eastbound 0n US Highway 175. ROSENDO HERNANDEZ (DECEASED) was also travelling eastbound on US Highway 175 when he lost control 0f his vehicle, struck a cement pillar will, and was ejected from his vehicle. ROSENDO HERNANDEZ’ (DECEASED) vehicle then collided with the rear of the vehicle Plaintiff was travelling in. ROSENDO HERNANDEZ (DECEASED) was found to have cocaine and marijuana in his system at the time 0f the accident. At the time the collision occurred, ROSENDO HERNANDEZ (DECEASED) was negligently and/ 0r recklessly operating a vehicle that was owned by ANTONIA PEREZ. As a result of Defendants’ ROSENDO HERNANDEZ (DECEASED) and ANTONIA PEREZ negligence, Plaintiff has incurred substantial medical bills and injuries as a result of the collision. V. CAUSES OF ACTION Count I Gross Negligence - IOHN DOE A/N/F OF ROSENDO HERNANDEZ - Plaintiff incorporates by reference the allegations contained in the foregoing paragraphs. The collision referenced above, and the resulting injuries and damages were proximately caused by the negligent conduct of ROSENDO HERNANDEZ (DECEASED) in one 0r more of the following respects: i. In failing to safely operate one’s vehicle; ii. In failing to maintain a proper control of his vehicle; iii. In failing to maintain a proper lookout; iv. In failing to follow traffic control devices and signs; v. In driving while distracted; PLAINTIFF’S FIRST AMENDED PETITION PG. 2 Vi. In failing to timely apply the brakes of his vehicle in order to avoid collision in question; vii. In failing t0 keep such a lookout as a person of ordinary prudence would have kept under the same 0r similar circumstances; and viii. In failing to take proper evasive action. The acts and omissions 0f ROSENDO HERNANDEZ (DECEASED), described above: i. Constituted gross negligence and were a proximate cause of the injuries and damages in question, entitling Plaintiff to punitive/ exemplary damages; ii. Were carried out with a flagrant disregard for the rights of others and with actual awareness 0n the part of ROSENDO HERNANDEZ (DECEASED)that his acts and omissions, would, in reasonable probability, result in great bodily harm, justifying the award of punitive/exemplary damages and said acts were a cause, and/ 0r proximate cause and/ 0r producing cause of the injuries and damages in question. Each and all 0f the foregoing acts or omissions 0n the part 0f ROSENDO HERNANDEZ (DECEASED), whether taken singularly or collectively, were a proximate cause of the occurrence in questions and a direct and proximate cause 0f the injured and damages sustained by the Plaintiff, herein. Count II - Negligent Entrustment - ANTONIA PEREZ On February 10, 2020, ANTONIA PEREZ owned the vehicle that was operated by ROSENDO HERNANDEZ (DECEASED). Prior to and at the time in question, Defendant ANTONIA PEREZ entrusted his vehicle to Defendant ROSENDO HERNANDEZ (DECEASED) for the purpose of operating it 0n public streets and highways. Thereafter, ROSENDO HERNANDEZ (DECEASED) operated the vehicle with the knowledge, consent, and permission of Defendant ANTONIA PEREZ. At such time, Defendant ANTONIA PEREZ knew 0r should have known that ROSENDO HERNANDEZ (DECEASED) was incompetent 0r unfit t0 safely operate a motor vehicle on public streets and highways in that ROSENDO HERNANDEZ (DECEASED) was reckless and/or negligent. Defendant ANTONIA PEREZ knew, or in the exercise 0f due care, should have known, that ROSENDO HERNANDEZ (DECEASED) was an incompetent PLAINTIFF’S FIRST AMENDED PETITION PG. 3 driver and would create an unreasonable risk of danger to persons 0r property on public streets and highways in Texas. VI. DAMAGES Plaintiff incorporates the previous paragraphs by reference as though fully set forth in their entirety. Plaintiff incurred the following actual damages for which they seek recovery: a. Medical Expenses: Plaintiff incurred bodily injuries which were caused by the Collision. Plaintiff incurred medical expenses in the past and will incur medical expenses in the future. b. Physical Pain: Plaintiff endured severe and constant physical pain in the past and will endure pain in the future. c. Mental Anguish: Plaintiff endured mental anguish in the past and will endure mental anguish in the future. Pursuant to Section 41.001, Civil Practice & Remedies Code, to recover punitive and exemplary damages against JOHN DOE A/ N/ F 0F ROSENDO HERNANDEZ and ANTONIA PEREZ. Further, or in the alternative, Plaintiff sues pursuant to Article 16, Section 26, Texas Constitution, to recover punitive and exemplary damages against Defendants for common law gross negligence, and for gross negligence at common law. ROSENDO HERNANDEZ’ (DECEASED) acts and/ 0r omissions were a reckless disregard 0f the rights of others and were the result 0f conscious indifference to the rights, welfare and safety 0f other persons, including Plaintiff, GEORGE BATIE. ROSENDO HERNANDEZ (DECEASED) was aware, or should have been aware, that his acts and/ or omissions created an extreme risk 0f serious injury to others, including Plaintiff, GEORGE BATIE. VII. JURY DEMAND Pursuant to Rule 216 of the Texas Rules 0f Civil Procedure, Plaintiff hereby makes demand and application for jury trial. PLAINTIFF’S FIRST AMENDED PETITION PG. 4 VIII. REQUESTS FOR DISCLOSURE Pursuant to Rule 194, Defendants are requested to disclose, within fifty (50) days of the service 0f this request, the information or material described in Rule 194.2(a), (b), (C), (d), (6), (f), (g), (h), (i), (i), (k), and (1)- IX. REQUESTS FOR ADMISSIONS TO DEFENDANT ANTONIA PEREZ Pursuant t0 Rule 198 of the Texas Rules of Civil Procedure, Defendant ANTONIA PEREZ shall answer the following Requests for Admissions Within fifty (50) days of service of this Petition: a. Admit that on February 10, 2019 ROSENDO HERNANDEZ (DECEASED) while operating a vehicle owned by Defendant ANTONIA PEREZ was involved in an automobile collision. b. Admit that on February 10, 2019 you entrusted your vehicle t0 ROSENDO HERNANDEZ (DECEASED). c. Admit that Defendant ANTONIA PEREZ was aware that ROSENDO HERNANDEZ (DECEASED) did not have a valid driver’s license on February 10, 2019. d. Admit that Defendant is not Claiming any negligence or responsibility on the part of Plaintiff with regards to the collision. X. REQUEST FOR RELIEF Pursuant t0 Texas Rules 0f Civil Procedure 193.7, notice is hereby given 0f the intention t0 use during the trial of this case any of the documents exchanged in this case. Plaintiff requests that Defendants be cited t0 appear that upon final trial, and recover from Defendants judgment for: i. Actual damages Within the jurisdictional limits of the Court; ii. Pre-judgment interest at the maximum rate allowed by law; iii. Post-judgment interest at the maximum rate allowed by law; iv. Costs of Court; and PLAINTIFF’S FIRST AMENDED PETITION PG. 5 V. Such other and further relief t0 which Plaintiff may be entitled at law or equity. Respectfully submitted, FIELDING LAW, PLLC / s/ Clayton Parry MICHAEL S. FIELDING State Bar No. 24065226 CLAYTON PARRY State BarNo. 24091417 18601 Lyndon B. Johnson Freeway Town East Tower, Suite 315 Mesquite, Texas 75150 Telephone: 214.666.8625 Fax: 214.279.6439 eservice@fieldinglaw.com ATTORNEYS FOR PLAINTIFF PLAINTIFF’S FIRST AMENDED PETITION PG. 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. Macey Raibley on behalf of Clayton Parry Bar No. 24091417 macey@fieldinglaw.com Envelope ID: 46791391 Status as of 10/5/2020 8:30 AM CST Associated Case Party: ANTONIA PEREZ Name BarNumber Email TimestampSubmitted Status Richard J.Byrne rbyrne@ekvallbyrne.com 10/2/2020 11:37:18 AM SENT Sandi Williams swiIliams@ekvallbyrne.com 10/2/2020 11:37:18 AM SENT Rance MBryson rbryson@ekva||byrne.com 10/2/2020 11:37:18 AM SENT Lillie E.Sanchez Isanchez@ekvallbyrne.com 10/2/2020 11:37:18 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status CLAYTON PARRY eservice@fie|dinglaw.com 10/2/2020 11:37:18 AM SENT