Preview
FILED
9/21/2023 6:44 PM
1 CIT ESERVE DusFTEél'g'TAcPL'EEE
1 WRIT ESERVE
KngAaLnl-aAgoggbé-Efifi
JURY DEMAND Dc_23_16628
CAUSE NO.
RICHARD BOOKER, [N THE DISTRICT COURT OF
§§§§§§§§§§§§§§
Plaintiff,
V.
SALVADOR AGUILAR; DALLAS COUNTY, T E X A S
ROMARE DAVIS, As PERSONAL
REPRESENTATIVE 0F THE ESTATE
0F MARJOYRIE HENSON, DECEASED;
AND, MARJOYRIE HENSON,
DECEASED,
162nd
Defendants. JUDICML DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Plaintiff, RICHARD BOOKER, and files this ORIGINAL PETITION
complaining of and against Defendants, SALVADOR AGUILAR; ROMARE DAVIS, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF MARJOYRIE HENSON, DECEASED;
AND, MARJOYRIE HENSON, DECEASED, and for cause of action, would respectfully show as
follows:
A. Discovery Control Plan
1. Pursuant to Rule 190 of the Texas Rules of Civil Procedure, discovery is intended to
be conducted under discovery Level 3.
B. Parties
2. Plaintiff, RICHARD BOOKER, is an individual and a resident of Ector, Fannin
County, Texas. The last three digits of his driver license number are 783.
Plaintiff’s Original Petition - Page 1
3. Defendant, SALVADOR AGUILAR, is an individual and a resident of Dallas, Texas
who may be served with process by serving him at his residence at: 4402 Live Oak Drive, Dallas,
Texas 75150 or wherever he may be found.
4. Defendant, ROMARE DAVIS, AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF MARJOYRIE HENSON, DECEASED, is an individual, the son of the deceased, and
an heir at law who may be served with process by serving a writ of scire facias upon him at his
residence at: 1219 Franklin Avenue, Bonham, Texas 75418 or wherever he may be found.
5. Defendant, MARJOYRIE HENSON, DECEASED, is a deceased individual and for
whom it is unknown to Plaintiff if a probate proceeding has been initiated and for whom service of
process is not sought at this time. Plaintiff reserves the right to serve the court appointed
administrator of the estate, if any, upon such person being made known to Plaintiff.
6. Plaintiff reserves the right to join other Defendants as the same are revealed, if at all,
through the ongoing discovery process.
C. Jurisdiction & Venue
7. The court has jurisdiction over Defendants because the incident that made the basis
of this claim occurred in Dallas County, Texas. The court has jurisdiction over the controversy
because the damages are within the jurisdictional limits of the court. Venue is proper in Dallas
County, Texas, because the cause of action accrued in Dallas County, Texas.
D. Operational Facts
8. Plaintiff would show that this lawsuit has become necessary as a result of personal
injuries received on or about September 28, 2021. On that date, Plaintiff was a passenger in a 2014
Toyota Highlander operated by MARJORIE HENSON traveling north bound in the 200 block of
Plaintiff’s Original Petition - Page 2
Cesar Chavez Boulevard, Dallas County, Texas, when she collided with a vehicle operated by
SALVADOR AGUILAR, who was traveling east bound in the 2200 block of Pacific Avenue, Dallas
County, Texas. As a result of the above described collision, Plaintiff suffered personal injuries.
E. Negligence
9. At the time of the collision made the basis of this suit, Defendants were operating
their vehicles in a negligent and careless manner in the following respects which, among others, may
be shown at the trial of this cause:
a. In that Defendants failed to keep a proper lookout;
b. In that Defendants failed to timely make application of the brakes;
c. In that Defendants failed to swerve or otherwise maneuver their vehicles so
as to avoid the collision made the basis of this suit;
d. In that Defendants failed to operate their vehicles in a reasonable and prudent
manner;
e. In that Defendants failed to control their speed;
f. In that Defendants failed to yield at the intersection running the red light;
f. In that Defendants violated TEX. TRANSP. CODE § 545.351 (Vernon 1999);
and
g. In that Defendants violated TEX. TRANSP. CODE § 545.151 (1a) (Vernon
1999); and
Each of these acts and omissions, singularly or in combination with others, constitute negligence
which was the proximate cause of this collision, and the injuries sustained by Plaintiff.
G. Damages
10. As a proximate result of Defendants’ negligence, Plaintiff suffered physical injuries.
As a result of these injuries, Plaintiff suffered the following damages:
Plaintiff’s Original Petition - Page 3
a. Medical and hospital expenses for diagnosis and treatment, both in the past
and in reasonable probability, into the future;
b. Physical pain and discomfort, both in the past and in reasonable probability,
into the future;
c. Mental anguish and anxiety, both in the past and in reasonable probability,
into the future; and,
d. Physical and mental impairment.
H. Demand for Jury
11. Plaintiff requests a jury for all issues presented herein.
I. Notice of Intent to Use Discovery at Trial
12. Pursuant to TEX. R. CIV. P., Rule 193.7, Plaintiff gives notice of his intent to use at
trial all discovery produced by each party including, without limitation, documents, deposition
transcripts, reports, affidavits and audio and visual recordings.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that upon final hearing
hereon, Plaintiff have judgment against Defendant for the following:
(1) a sum more than $250,000.00, but no greater than $1,000,000.00;
(2) pre-judgment interest at the maximum legal rate;
(3) post-judgment interest at the maximum legal rate;
(4) costs of court; and
(5) any and all relief, be it general or special, at law or in equity to which
Plaintiff may be justly entitled.
Plaintiff’s Original Petition - Page 4
Respectfully submitted,
IVEY LAW FIRM, P.C.
/s/ Jack Todd Ivev
Jack Todd Ivey
State Bar N0. 00785985
1 1 1 1 1 Katy Freeway, Suite 1006
Houston, Texas 77079
713/225-0015 (Telephone)
713/225-5313 (Facsimile)
contact@iveylawfirm.com (Email)
ATTORNEYS FOR PLAINTIFF
Plaintiff’s Original Petition - Page 5
Preview
FILED 9/21/2023 6:44 PM 1 CIT ESERVE DusFTEél'g'TAcPL'EEE 1 WRIT ESERVE KngAaLnl-aAgoggbé-Efifi JURY DEMAND Dc_23_16628 CAUSE NO. RICHARD BOOKER, [N THE DISTRICT COURT OF §§§§§§§§§§§§§§ Plaintiff, V. SALVADOR AGUILAR; DALLAS COUNTY, T E X A S ROMARE DAVIS, As PERSONAL REPRESENTATIVE 0F THE ESTATE 0F MARJOYRIE HENSON, DECEASED; AND, MARJOYRIE HENSON, DECEASED, 162nd Defendants. JUDICML DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Plaintiff, RICHARD BOOKER, and files this ORIGINAL PETITION complaining of and against Defendants, SALVADOR AGUILAR; ROMARE DAVIS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARJOYRIE HENSON, DECEASED; AND, MARJOYRIE HENSON, DECEASED, and for cause of action, would respectfully show as follows: A. Discovery Control Plan 1. Pursuant to Rule 190 of the Texas Rules of Civil Procedure, discovery is intended to be conducted under discovery Level 3. B. Parties 2. Plaintiff, RICHARD BOOKER, is an individual and a resident of Ector, Fannin County, Texas. The last three digits of his driver license number are 783. Plaintiff’s Original Petition - Page 1 3. Defendant, SALVADOR AGUILAR, is an individual and a resident of Dallas, Texas who may be served with process by serving him at his residence at: 4402 Live Oak Drive, Dallas, Texas 75150 or wherever he may be found. 4. Defendant, ROMARE DAVIS, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARJOYRIE HENSON, DECEASED, is an individual, the son of the deceased, and an heir at law who may be served with process by serving a writ of scire facias upon him at his residence at: 1219 Franklin Avenue, Bonham, Texas 75418 or wherever he may be found. 5. Defendant, MARJOYRIE HENSON, DECEASED, is a deceased individual and for whom it is unknown to Plaintiff if a probate proceeding has been initiated and for whom service of process is not sought at this time. Plaintiff reserves the right to serve the court appointed administrator of the estate, if any, upon such person being made known to Plaintiff. 6. Plaintiff reserves the right to join other Defendants as the same are revealed, if at all, through the ongoing discovery process. C. Jurisdiction & Venue 7. The court has jurisdiction over Defendants because the incident that made the basis of this claim occurred in Dallas County, Texas. The court has jurisdiction over the controversy because the damages are within the jurisdictional limits of the court. Venue is proper in Dallas County, Texas, because the cause of action accrued in Dallas County, Texas. D. Operational Facts 8. Plaintiff would show that this lawsuit has become necessary as a result of personal injuries received on or about September 28, 2021. On that date, Plaintiff was a passenger in a 2014 Toyota Highlander operated by MARJORIE HENSON traveling north bound in the 200 block of Plaintiff’s Original Petition - Page 2 Cesar Chavez Boulevard, Dallas County, Texas, when she collided with a vehicle operated by SALVADOR AGUILAR, who was traveling east bound in the 2200 block of Pacific Avenue, Dallas County, Texas. As a result of the above described collision, Plaintiff suffered personal injuries. E. Negligence 9. At the time of the collision made the basis of this suit, Defendants were operating their vehicles in a negligent and careless manner in the following respects which, among others, may be shown at the trial of this cause: a. In that Defendants failed to keep a proper lookout; b. In that Defendants failed to timely make application of the brakes; c. In that Defendants failed to swerve or otherwise maneuver their vehicles so as to avoid the collision made the basis of this suit; d. In that Defendants failed to operate their vehicles in a reasonable and prudent manner; e. In that Defendants failed to control their speed; f. In that Defendants failed to yield at the intersection running the red light; f. In that Defendants violated TEX. TRANSP. CODE § 545.351 (Vernon 1999); and g. In that Defendants violated TEX. TRANSP. CODE § 545.151 (1a) (Vernon 1999); and Each of these acts and omissions, singularly or in combination with others, constitute negligence which was the proximate cause of this collision, and the injuries sustained by Plaintiff. G. Damages 10. As a proximate result of Defendants’ negligence, Plaintiff suffered physical injuries. As a result of these injuries, Plaintiff suffered the following damages: Plaintiff’s Original Petition - Page 3 a. Medical and hospital expenses for diagnosis and treatment, both in the past and in reasonable probability, into the future; b. Physical pain and discomfort, both in the past and in reasonable probability, into the future; c. Mental anguish and anxiety, both in the past and in reasonable probability, into the future; and, d. Physical and mental impairment. H. Demand for Jury 11. Plaintiff requests a jury for all issues presented herein. I. Notice of Intent to Use Discovery at Trial 12. Pursuant to TEX. R. CIV. P., Rule 193.7, Plaintiff gives notice of his intent to use at trial all discovery produced by each party including, without limitation, documents, deposition transcripts, reports, affidavits and audio and visual recordings. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that upon final hearing hereon, Plaintiff have judgment against Defendant for the following: (1) a sum more than $250,000.00, but no greater than $1,000,000.00; (2) pre-judgment interest at the maximum legal rate; (3) post-judgment interest at the maximum legal rate; (4) costs of court; and (5) any and all relief, be it general or special, at law or in equity to which Plaintiff may be justly entitled. Plaintiff’s Original Petition - Page 4 Respectfully submitted, IVEY LAW FIRM, P.C. /s/ Jack Todd Ivev Jack Todd Ivey State Bar N0. 00785985 1 1 1 1 1 Katy Freeway, Suite 1006 Houston, Texas 77079 713/225-0015 (Telephone) 713/225-5313 (Facsimile) contact@iveylawfirm.com (Email) ATTORNEYS FOR PLAINTIFF Plaintiff’s Original Petition - Page 5