Preview
Filed: 12/29/2017 2:11 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 21530325
By: Ann Vaughn
12/29/2017 2:44 PM
17-CV-1561
CAUSE NO. ___________
PAOLA MEDEL, § IN THE DISTRICT COURT
Plaintiff, §
§
§
v. § OF GALVESTON COUNTY, TEXAS
§ Galveston County - 122nd District Court
NICHOLAS HOLBROOK, §
Defendant. § _____ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION, REQUEST FOR DISCLOSURE TO
DEFENDANT, INTERROGATORIES TO DEFENDANT, REQUEST FOR
PRODUCTION TO DEFENDANT, AND REQUEST FOR ADMISSIONS TO
DEFENDANT
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES PAOLA MEDEL, Plaintiff, complaining of NICHOLAS
HOLBROOK, Defendant, and would show the Court and Jury as follows:
I.
DISCOVERY PLAN
1. Plaintiff advises the Court and Defendant that this cause of action is governed by the rules for
Expedited Actions under Texas Rules of Civil Procedure Rule 169 because Plaintiff is seeking
only monetary relief of one-hundred thousand dollars or less including damages of any kind,
penalties, costs, expenses, pre-judgment interest, and attorneys fees. Damages sought are within
the jurisdictional limits of the court. Discovery is intended to be conducted under level 1 of
Rule 190.2 of the Texas Rules of Civil Procedure.
II.
PARTIES
Page 1 of 4
Status conference set for 3-22-18 e-mailed to atty.
2. Plaintiff Paola Medel is an individual residing in Harris County, Texas, and may be reached
through the undersigned attorney.
3. Defendant Nicholas Holbrook is an individual residing at 909 Azalea Pointe, League City,
Texas 77573, and may be served with process therein.
III.
JURISDICTION AND VENUE
4. The Court has subject-matter jurisdiction over this lawsuit because the amount in controversy
exceeds this Court’s minimum jurisdictional requirements.
5. Venue is proper in Galveston County under Texas Civil Practice & Remedies Code section
15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claim
occurred in Galveston County.
IV.
FACTS
6. Plaintiff would show that on or about June 18, 2017, Plaintiff was travelling southbound on
IH 45 N. Gulf Freeway in League City, Texas, when Defendant, suddenly and without
warning, failed to yield the right of way and violently collided into Plaintiff’s vehicle. As a
result, Plaintiff suffered serious bodily injuries.
V.
CAUSE OF ACTION
7. Plaintiff would show the Court that at the time and place of the collision herein above described,
Defendant was guilty of the following acts of negligence, to-wit:
a) Failing to obey the traffic laws of this State.
b) Failing to keep such lookout as a person of ordinary prudence would have kept
under the same or similar circumstances.
Page 2 of 4
c) Failing to timely apply the brakes.
d) Failing to take proper evasive action.
e) Driver inattention.
f) Failing to yield the right of way.
Each of these acts and omissions of Defendant, singularly or in combination with others,
were negligence, and were each and all a proximate cause of the accident made the basis of this
lawsuit and of the injuries and damages suffered by Plaintiff.
VI.
DAMAGES
8. As a direct and proximate result of the accident and such negligence as listed above, Plaintiff
sustained and suffered damages as follows:
a) Plaintiff has incurred reasonable and necessary medical expenses and in all
reasonable probability such medical expenses will continue in the future;
b) Plaintiff has experienced mental anguish in the past as a result of her physical
injuries and, in all reasonable probability, will sustain mental anguish in the future
as a result of her physical injuries;
c) Plaintiff has experienced physical pain and suffering in the past as a result of her
injuries, and in all reasonable probability, will continue to sustain physical pain
and suffering in the future as a result of her injuries;
d) Plaintiff has experienced physical impairment or physical incapacity in the past as
a result of this incident and, in all reasonable probability, will continue to
experience physical impairment in the future;
e) Plaintiff has experienced lost wages in the past as a result of this incident and, in
all reasonable probability, will suffer loss of earning capacity in the future;
9. Plaintiff pleads for pre- and post judgment interest at the maximum legal allowable rate.
VII.
PRAYER
Page 3 of 4
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to
appear and answer herein and, that upon final trial, Plaintiff has judgment against Defendant for
all damages proved, all of which are within the jurisdictional limits of this Court, for costs of
court, for prejudgment interest in accordance with the law and for interest on the judgment until
the time the judgment is paid, and for such other and further relief to which Plaintiff may show
herself to be justly entitled.
Respectfully submitted,
PM LAW FIRM
/s/ John Papapavlou
John Papapavlou
Texas Bar No. 24059061
Porya Mostaghimi
Texas Bar No. 24065797
PM Law Firm
19333 HWY-59 N, Ste. 190
Humble, Texas 77338
(281)968-9529
(281)520-4246
john@pmtxlaw.com
ATTORNEYS FOR PLAINTIFF
Page 4 of 4
PLAINTIFF’S REQUEST FOR DISCLOSURE TO DEFENDANT
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiff propounds this
Request for Disclosure to Defendant. You are requested to disclose, within 30 days of from the date
of service, the information and material described in Rule 194.2. This Request for Disclosure
incorporates all requirements embodied in Rule194.2 as if set forth fully herein for all purposes.
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT
Plaintiff, in accordance with Rule 197 of the Texas Rules of Civil Procedure, propounds
the following Interrogatories to Defendant and requests that these interrogatories be answered
separately and fully in writing, under oath, and served upon the undersigned attorney within
thirty (30) days after service thereof.
DEFINITIONS
1. “You”, “Your", and "Defendant" means Defendant NICHOLAS HOLBROOK, all other
persons or entities acting on your behalf, and all employees who work on your behalf in
the course and scope of your employment and in furtherance of your business.
2. “Accident” and “Incident"means the accident involving Plaintiff and Defendant that is
the subject of this lawsuit.
3. "Person" and “Witness” means the plural as well as the singular, and includes: natural
persons, governmental agencies, municipalities, departments, units, or any subdivisions,
corporations, firms, associations, partnerships, joint ventures, or any other form of
business entity.
4. The terms "and" and "or" as used herein are to be interpreted both disjunctively and
conjunctively.
5. "Identify," as used herein with respect to a person, means to provide the name, address,
and telephone number of such person.
6. "Identify," as used herein with respect to a document, means to state with respect to such
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 1
document sufficient detail to permit another party to this lawsuit to locate and identify as
readily as can you, such document. Such information and detail might include for each
document: (i) the name of the person who prepared it, (ii) the name of the person who
signed it or over whose name it was issued, (iii) the name of each person to whom it was
addressed and/or sent or distributed, (iv) the general type of such documents (e.g., letter,
memorandum, contract, etc.), (v) the date of such document, or if it bears no date, the
date on or about which it was made or prepared, (vi) the physical location of such
document, and (vii) the name and address of the persons having possession, custody, or
control of such document. In lieu of providing such information and detail, you may
attach such document to your answer to these Interrogatories and indicate for which
Interrogatory each document is applicable.
7. "Document" and "Documents" as used herein shall mean the original and each non-
identical copy written or graphic matter, however produced or reproduced, whether sent
or received, or neither, including drafts and both sides thereof, and including, but not
limited to, all "writings and recordings" and “photographs” as defined by Rule 1001 of
the Texas Rules of Civil Evidence.
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 2
PLAINTIFF’S FIRST SET OF INTERROGATORIES
Interrogatory #1:State your full name, all other names by which you have been known, current
address, telephone number, date of birth, social security number, and current driver’s license
number and the restrictions, if any, on that driver’s license at the time of the accident.
ANSWER:
Interrogatory #2: State the name, address, and telephone number of the owner and all occupants
of the vehicle which you were occupying at the time of the accident.
ANSWER:
Interrogatory #3: State whether you were acting within the course and scope of any employment,
service or agency at the time of the accident, and describe the relationship of the persons involved.
ANSWER:
Interrogatory #4:State in detail what intoxicating beverages, if any, you had consumed and what
drugs or medications, if any, you tookduring the 24-hour period prior to the accident.
ANSWER:
Interrogatory #5:State where you had been just prior to the accident, where you were going at the
time of the accident, and the purpose of the trip.
ANSWER:
Interrogatory #6: Describe how the accident occurred. In your description, please include the
events leading up to the accident, your activities just prior to the accident, the street and lane in
which you were riding or driving, the type of traffic controls in the area, the positions of all vehicles
involved in the accident relative to your vehicle and the roadway,and the point(s) of impact between
the vehicle you were occupying at the time of the accident and all other vehicles involved in the
accident. This interrogatory is not intended to exceed the scope of Rule 197.1 of the Texas Rules of
Civil Procedure.
ANSWER:
Interrogatory #7: Indicate the speed or estimated speed at the time of impact of the vehicle you
were occupying at the time of the accident and all other vehicles involved in the accident.If you
contend you applied your brakes prior to impact, please also indicate what speed you were traveling
prior to applying your brakes.
ANSWER:
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 3
Interrogatory #8: State the parts of the vehicle you occupied that were damaged as a result of the
accident, its fair market value immediately before and after the accident, the cost of repairs, whether
the damage has been repaired, and the name, address and telephone number of the individual or
entity that repaired that vehicle.
ANSWER:
Interrogatory #9: State the substance of all conversations concerning the incident that have
occurred between you and anyone else (excluding your attorney).
ANSWER:
Interrogatory #10:State the substance of all statementsmade by Plaintiff concerning the incident of
which you are aware, and, for each statement, provide the name, address, and telephone number of
all persons who witnessed said statement.
ANSWER:
Interrogatory #11: Describe the condition of the brakes, signaling devices, tires, and steering
apparatus of your vehicle at the time of the accident.
ANSWER:
Interrogatory #12: If at any time within the 15 minutes prior to the accident you were using,
operating, communicating or viewing an electronic device, please identify the device(s) you were
using, how you were using it, and the time span between your stopping said use and the accident.
ANSWER:
Interrogatory #13: If you contend that any personal injuries or damages sustained by the Plaintiff
were caused by an occurrence other than this accident, such as a disease or physical condition, either
before or after accident,please describe such other occurrence, disease, injury or condition.
ANSWER:
Interrogatory #14: State whether you have pleaded guilty to or have been convicted of a felony or
crime of moral turpitude or released from confinement for either within ten (10) years of the date
these answers are filed, and if so, please state the date, the state and county of the offense, the nature
of the offense, the nature of the charge, and the ultimate disposition of the case.
ANSWER:
Interrogatory #15:State the name, address and telephone number of the witnesses you intend to
call at the time this case proceeds to trial.
ANSWER:
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 4
PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT
Plaintiff requests, pursuant to Rule 196 of the Texas Rules of Civil Procedure, that you
produce and permit the inspection and copying of the following documents or tangible things
which are in your possession, custody or control. The requested documents and/or tangible
things shall be produced at the firm of PM LAW FIRM, PLLC., 19333 Highway 59 North, Suite
190, Humble, Texas 77338, within thirty (30) days after the date upon which you are served with
a copy of these requests for production.
DEFINITIONS
1. “You” and “Your", and "Defendant" mean Defendant NICHOLAS HOLBROOK, and all
other person or entities acting on your behalf and all employees who work on your behalf
in the course and scope of your employment and in furtherance of your business.
2. “Accident” and “Incident"means the accident involving Plaintiff and Defendant that is
the subject of this lawsuit.
3. "Person" and “Witness,” means the plural as well as the singular and includes: natural
persons, governmental agencies, municipalities, departments, units, or any subdivisions,
corporations, firms, associations, partnerships, joint ventures, or any other form of
business entity.
4. The terms "and" and "or" as used herein are to be interpreted both disjunctively and
conjunctively.
5. "Document" and "Documents" as used herein shall mean the original and each non-
identical copy written or graphic matter, however produced or reproduced, whether sent
or received, or neither, including drafts and both sides thereof, and including, but not
limited to, all "writings and recordings" and “photographs” as defined by Rule 1001 of
the Texas Rules of Civil Evidence.
INSTRUCTIONS
Documents produced in response to this request shall be ordered and designated to
correspond to the categories in the request or produced as they are kept in the usual course of
business. If the same document is required to be produced in response to two or more requests, it
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 5
is sufficient to provide it in your response to the first such request and thereafter to identify the
document and refer to that response in all subsequent responses calling for production of the
same document.
NOTICE
Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends to use all
documents produced by you in response to written discovery in pretrial proceedings and trial in the
above-referenced case.
PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION
Request for Production #1: Copy of the front and back of your current driver’s license.
ANSWER:
Request for Production #2: Copy of your social security card.
ANSWER:
Request for Production #3: Color duplicates of all photographs or videotapes that are relevant to
any issue involved in this suit, including but not limited to, photographs and videotapes that show
the scene of the accident, vehicles involved in the accident, damage to any vehicle involved in the
accident, or any person(s) involved in the accident.
ANSWER:
Request for Production #4: Copies of all documents that describe or in any way relate to the
damage done to or repairs performed on the vehicle which you were occupying at the time of the
accident, including but not limited to, estimates, appraisals, receipts, and repair bills.
ANSWER:
Request for Production #5: All statements, whether recorded or written, by the Plaintiff.
ANSWER:
Request for Production #6: All statements, whether recorded or written, of any party or person
who has knowledge of relevant facts.
ANSWER:
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 6
Request for Production #7: All statements, whether recorded or written, of any witnesses taken in
your investigation of this suit.
ANSWER:
Request for Production #8: Pursuant to Rule 203.3(c) of the Texas Rules of Civil Procedure,
copies of all transcripts of oral depositions, responses to depositions upon written questions, and
non-stenographic depositions.
ANSWER:
Request for Production #9: In accordance with Rule 196.4 of the Texas Rules of Civil Procedure,
please produce true and correct copies of any and all e-mails, text messages, and other electronic
and/or magnetic data sent or received by you regarding the accident, except for privileged
communications with your attorney.
ANSWER:
Request for Production #10: A copy of the police accident report and all other governmental
reports regarding the accident made the basis of this lawsuit.
ANSWER:
Request for Production #11: Copies of all documents that describe or in any way relate to your
use of any phone within the 15 minutes prior to the accident for any and all phones in your
possession at the time of the accident.
ANSWER:
Request for Production #12: Copies of all documents that describe or in any way relate to any
drugs or medications that you took during the 24 hour period prior to the accident.
ANSWER:
Request for Production #13: Copies of all documents pertaining to Plaintiff, as described in Rule
609(f) of the Texas Rules of Evidence, which you intend to use at trial.
ANSWER:
Request for Production #14: All policies of liability or professional liability insurance, primary,
excess, umbrella or otherwise, against which you have made or may make a claim for a defense
and/or coverage as a result of the facts alleged by and/or relief sought by the Plaintiff in this cause.
If the policy is an aggregate limits policy, then produce the correspondence from any claimant and
suit papers for claims brought within the policy year period.
ANSWER:
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 7
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT
Plaintiff requests, pursuant to Rule 198 of the Texas Rules of Civil Procedure, that the
following requests for admissions be answered by you, within thirty (30) days after the date upon
service thereof.
DEFINITIONS
1. “You” and “Your", and "Defendant" mean Defendant NICHOLAS HOLBROOK, and all
other person or entities acting on your behalf and all employees who work on your behalf
in the course and scope of your employment and in furtherance of your business.
2. “Accident” and “Incident"means the accident involving Plaintiff and Defendant that is
the subject of this lawsuit.
PLAINTIFF’S FIRST REQUESTS FOR ADMISSION
Request for Admission #1: Admit that on June 18, 2017, a collision occurred between a motor
vehicle driven by you and the Plaintiff in League City, Texas.
ANSWER:
Request for Admission #2: If you admitted Request for Admission #1, admit that the collision
occurred while you failed to yield the right of way.
ANSWER:
Request for Admission #3: Admit that you collided directly into the Plaintiff’s vehicle at the time
of the accident.
ANSWER:
Request for Admission #4: Admit that you did not turn your vehicle to avoid the accident.
ANSWER:
Request for Admission #5: Admit that you did not sound your horn immediately prior to the
accident.
ANSWER:
Request for Admission #6: Admit that you did not see the Plaintiff’s vehicle until the time of the
accident.
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 8
ANSWER:
Request for Admission #7: Admit that you failed to keep a proper lookout at the time of the
accident.
ANSWER:
Request for Admission #8: Admit that you were using a cellular phone at the time of the accident.
ANSWER:
Request for Admission #9: Admit that you were using prescription medication at the time of the
accident.
ANSWER:
PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 9
Preview
Filed: 12/29/2017 2:11 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 21530325 By: Ann Vaughn 12/29/2017 2:44 PM 17-CV-1561 CAUSE NO. ___________ PAOLA MEDEL, § IN THE DISTRICT COURT Plaintiff, § § § v. § OF GALVESTON COUNTY, TEXAS § Galveston County - 122nd District Court NICHOLAS HOLBROOK, § Defendant. § _____ JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION, REQUEST FOR DISCLOSURE TO DEFENDANT, INTERROGATORIES TO DEFENDANT, REQUEST FOR PRODUCTION TO DEFENDANT, AND REQUEST FOR ADMISSIONS TO DEFENDANT TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES PAOLA MEDEL, Plaintiff, complaining of NICHOLAS HOLBROOK, Defendant, and would show the Court and Jury as follows: I. DISCOVERY PLAN 1. Plaintiff advises the Court and Defendant that this cause of action is governed by the rules for Expedited Actions under Texas Rules of Civil Procedure Rule 169 because Plaintiff is seeking only monetary relief of one-hundred thousand dollars or less including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorneys fees. Damages sought are within the jurisdictional limits of the court. Discovery is intended to be conducted under level 1 of Rule 190.2 of the Texas Rules of Civil Procedure. II. PARTIES Page 1 of 4 Status conference set for 3-22-18 e-mailed to atty. 2. Plaintiff Paola Medel is an individual residing in Harris County, Texas, and may be reached through the undersigned attorney. 3. Defendant Nicholas Holbrook is an individual residing at 909 Azalea Pointe, League City, Texas 77573, and may be served with process therein. III. JURISDICTION AND VENUE 4. The Court has subject-matter jurisdiction over this lawsuit because the amount in controversy exceeds this Court’s minimum jurisdictional requirements. 5. Venue is proper in Galveston County under Texas Civil Practice & Remedies Code section 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claim occurred in Galveston County. IV. FACTS 6. Plaintiff would show that on or about June 18, 2017, Plaintiff was travelling southbound on IH 45 N. Gulf Freeway in League City, Texas, when Defendant, suddenly and without warning, failed to yield the right of way and violently collided into Plaintiff’s vehicle. As a result, Plaintiff suffered serious bodily injuries. V. CAUSE OF ACTION 7. Plaintiff would show the Court that at the time and place of the collision herein above described, Defendant was guilty of the following acts of negligence, to-wit: a) Failing to obey the traffic laws of this State. b) Failing to keep such lookout as a person of ordinary prudence would have kept under the same or similar circumstances. Page 2 of 4 c) Failing to timely apply the brakes. d) Failing to take proper evasive action. e) Driver inattention. f) Failing to yield the right of way. Each of these acts and omissions of Defendant, singularly or in combination with others, were negligence, and were each and all a proximate cause of the accident made the basis of this lawsuit and of the injuries and damages suffered by Plaintiff. VI. DAMAGES 8. As a direct and proximate result of the accident and such negligence as listed above, Plaintiff sustained and suffered damages as follows: a) Plaintiff has incurred reasonable and necessary medical expenses and in all reasonable probability such medical expenses will continue in the future; b) Plaintiff has experienced mental anguish in the past as a result of her physical injuries and, in all reasonable probability, will sustain mental anguish in the future as a result of her physical injuries; c) Plaintiff has experienced physical pain and suffering in the past as a result of her injuries, and in all reasonable probability, will continue to sustain physical pain and suffering in the future as a result of her injuries; d) Plaintiff has experienced physical impairment or physical incapacity in the past as a result of this incident and, in all reasonable probability, will continue to experience physical impairment in the future; e) Plaintiff has experienced lost wages in the past as a result of this incident and, in all reasonable probability, will suffer loss of earning capacity in the future; 9. Plaintiff pleads for pre- and post judgment interest at the maximum legal allowable rate. VII. PRAYER Page 3 of 4 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear and answer herein and, that upon final trial, Plaintiff has judgment against Defendant for all damages proved, all of which are within the jurisdictional limits of this Court, for costs of court, for prejudgment interest in accordance with the law and for interest on the judgment until the time the judgment is paid, and for such other and further relief to which Plaintiff may show herself to be justly entitled. Respectfully submitted, PM LAW FIRM /s/ John Papapavlou John Papapavlou Texas Bar No. 24059061 Porya Mostaghimi Texas Bar No. 24065797 PM Law Firm 19333 HWY-59 N, Ste. 190 Humble, Texas 77338 (281)968-9529 (281)520-4246 john@pmtxlaw.com ATTORNEYS FOR PLAINTIFF Page 4 of 4 PLAINTIFF’S REQUEST FOR DISCLOSURE TO DEFENDANT Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiff propounds this Request for Disclosure to Defendant. You are requested to disclose, within 30 days of from the date of service, the information and material described in Rule 194.2. This Request for Disclosure incorporates all requirements embodied in Rule194.2 as if set forth fully herein for all purposes. PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT Plaintiff, in accordance with Rule 197 of the Texas Rules of Civil Procedure, propounds the following Interrogatories to Defendant and requests that these interrogatories be answered separately and fully in writing, under oath, and served upon the undersigned attorney within thirty (30) days after service thereof. DEFINITIONS 1. “You”, “Your", and "Defendant" means Defendant NICHOLAS HOLBROOK, all other persons or entities acting on your behalf, and all employees who work on your behalf in the course and scope of your employment and in furtherance of your business. 2. “Accident” and “Incident"means the accident involving Plaintiff and Defendant that is the subject of this lawsuit. 3. "Person" and “Witness” means the plural as well as the singular, and includes: natural persons, governmental agencies, municipalities, departments, units, or any subdivisions, corporations, firms, associations, partnerships, joint ventures, or any other form of business entity. 4. The terms "and" and "or" as used herein are to be interpreted both disjunctively and conjunctively. 5. "Identify," as used herein with respect to a person, means to provide the name, address, and telephone number of such person. 6. "Identify," as used herein with respect to a document, means to state with respect to such PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 1 document sufficient detail to permit another party to this lawsuit to locate and identify as readily as can you, such document. Such information and detail might include for each document: (i) the name of the person who prepared it, (ii) the name of the person who signed it or over whose name it was issued, (iii) the name of each person to whom it was addressed and/or sent or distributed, (iv) the general type of such documents (e.g., letter, memorandum, contract, etc.), (v) the date of such document, or if it bears no date, the date on or about which it was made or prepared, (vi) the physical location of such document, and (vii) the name and address of the persons having possession, custody, or control of such document. In lieu of providing such information and detail, you may attach such document to your answer to these Interrogatories and indicate for which Interrogatory each document is applicable. 7. "Document" and "Documents" as used herein shall mean the original and each non- identical copy written or graphic matter, however produced or reproduced, whether sent or received, or neither, including drafts and both sides thereof, and including, but not limited to, all "writings and recordings" and “photographs” as defined by Rule 1001 of the Texas Rules of Civil Evidence. PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 2 PLAINTIFF’S FIRST SET OF INTERROGATORIES Interrogatory #1:State your full name, all other names by which you have been known, current address, telephone number, date of birth, social security number, and current driver’s license number and the restrictions, if any, on that driver’s license at the time of the accident. ANSWER: Interrogatory #2: State the name, address, and telephone number of the owner and all occupants of the vehicle which you were occupying at the time of the accident. ANSWER: Interrogatory #3: State whether you were acting within the course and scope of any employment, service or agency at the time of the accident, and describe the relationship of the persons involved. ANSWER: Interrogatory #4:State in detail what intoxicating beverages, if any, you had consumed and what drugs or medications, if any, you tookduring the 24-hour period prior to the accident. ANSWER: Interrogatory #5:State where you had been just prior to the accident, where you were going at the time of the accident, and the purpose of the trip. ANSWER: Interrogatory #6: Describe how the accident occurred. In your description, please include the events leading up to the accident, your activities just prior to the accident, the street and lane in which you were riding or driving, the type of traffic controls in the area, the positions of all vehicles involved in the accident relative to your vehicle and the roadway,and the point(s) of impact between the vehicle you were occupying at the time of the accident and all other vehicles involved in the accident. This interrogatory is not intended to exceed the scope of Rule 197.1 of the Texas Rules of Civil Procedure. ANSWER: Interrogatory #7: Indicate the speed or estimated speed at the time of impact of the vehicle you were occupying at the time of the accident and all other vehicles involved in the accident.If you contend you applied your brakes prior to impact, please also indicate what speed you were traveling prior to applying your brakes. ANSWER: PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 3 Interrogatory #8: State the parts of the vehicle you occupied that were damaged as a result of the accident, its fair market value immediately before and after the accident, the cost of repairs, whether the damage has been repaired, and the name, address and telephone number of the individual or entity that repaired that vehicle. ANSWER: Interrogatory #9: State the substance of all conversations concerning the incident that have occurred between you and anyone else (excluding your attorney). ANSWER: Interrogatory #10:State the substance of all statementsmade by Plaintiff concerning the incident of which you are aware, and, for each statement, provide the name, address, and telephone number of all persons who witnessed said statement. ANSWER: Interrogatory #11: Describe the condition of the brakes, signaling devices, tires, and steering apparatus of your vehicle at the time of the accident. ANSWER: Interrogatory #12: If at any time within the 15 minutes prior to the accident you were using, operating, communicating or viewing an electronic device, please identify the device(s) you were using, how you were using it, and the time span between your stopping said use and the accident. ANSWER: Interrogatory #13: If you contend that any personal injuries or damages sustained by the Plaintiff were caused by an occurrence other than this accident, such as a disease or physical condition, either before or after accident,please describe such other occurrence, disease, injury or condition. ANSWER: Interrogatory #14: State whether you have pleaded guilty to or have been convicted of a felony or crime of moral turpitude or released from confinement for either within ten (10) years of the date these answers are filed, and if so, please state the date, the state and county of the offense, the nature of the offense, the nature of the charge, and the ultimate disposition of the case. ANSWER: Interrogatory #15:State the name, address and telephone number of the witnesses you intend to call at the time this case proceeds to trial. ANSWER: PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 4 PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT Plaintiff requests, pursuant to Rule 196 of the Texas Rules of Civil Procedure, that you produce and permit the inspection and copying of the following documents or tangible things which are in your possession, custody or control. The requested documents and/or tangible things shall be produced at the firm of PM LAW FIRM, PLLC., 19333 Highway 59 North, Suite 190, Humble, Texas 77338, within thirty (30) days after the date upon which you are served with a copy of these requests for production. DEFINITIONS 1. “You” and “Your", and "Defendant" mean Defendant NICHOLAS HOLBROOK, and all other person or entities acting on your behalf and all employees who work on your behalf in the course and scope of your employment and in furtherance of your business. 2. “Accident” and “Incident"means the accident involving Plaintiff and Defendant that is the subject of this lawsuit. 3. "Person" and “Witness,” means the plural as well as the singular and includes: natural persons, governmental agencies, municipalities, departments, units, or any subdivisions, corporations, firms, associations, partnerships, joint ventures, or any other form of business entity. 4. The terms "and" and "or" as used herein are to be interpreted both disjunctively and conjunctively. 5. "Document" and "Documents" as used herein shall mean the original and each non- identical copy written or graphic matter, however produced or reproduced, whether sent or received, or neither, including drafts and both sides thereof, and including, but not limited to, all "writings and recordings" and “photographs” as defined by Rule 1001 of the Texas Rules of Civil Evidence. INSTRUCTIONS Documents produced in response to this request shall be ordered and designated to correspond to the categories in the request or produced as they are kept in the usual course of business. If the same document is required to be produced in response to two or more requests, it PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 5 is sufficient to provide it in your response to the first such request and thereafter to identify the document and refer to that response in all subsequent responses calling for production of the same document. NOTICE Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends to use all documents produced by you in response to written discovery in pretrial proceedings and trial in the above-referenced case. PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION Request for Production #1: Copy of the front and back of your current driver’s license. ANSWER: Request for Production #2: Copy of your social security card. ANSWER: Request for Production #3: Color duplicates of all photographs or videotapes that are relevant to any issue involved in this suit, including but not limited to, photographs and videotapes that show the scene of the accident, vehicles involved in the accident, damage to any vehicle involved in the accident, or any person(s) involved in the accident. ANSWER: Request for Production #4: Copies of all documents that describe or in any way relate to the damage done to or repairs performed on the vehicle which you were occupying at the time of the accident, including but not limited to, estimates, appraisals, receipts, and repair bills. ANSWER: Request for Production #5: All statements, whether recorded or written, by the Plaintiff. ANSWER: Request for Production #6: All statements, whether recorded or written, of any party or person who has knowledge of relevant facts. ANSWER: PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 6 Request for Production #7: All statements, whether recorded or written, of any witnesses taken in your investigation of this suit. ANSWER: Request for Production #8: Pursuant to Rule 203.3(c) of the Texas Rules of Civil Procedure, copies of all transcripts of oral depositions, responses to depositions upon written questions, and non-stenographic depositions. ANSWER: Request for Production #9: In accordance with Rule 196.4 of the Texas Rules of Civil Procedure, please produce true and correct copies of any and all e-mails, text messages, and other electronic and/or magnetic data sent or received by you regarding the accident, except for privileged communications with your attorney. ANSWER: Request for Production #10: A copy of the police accident report and all other governmental reports regarding the accident made the basis of this lawsuit. ANSWER: Request for Production #11: Copies of all documents that describe or in any way relate to your use of any phone within the 15 minutes prior to the accident for any and all phones in your possession at the time of the accident. ANSWER: Request for Production #12: Copies of all documents that describe or in any way relate to any drugs or medications that you took during the 24 hour period prior to the accident. ANSWER: Request for Production #13: Copies of all documents pertaining to Plaintiff, as described in Rule 609(f) of the Texas Rules of Evidence, which you intend to use at trial. ANSWER: Request for Production #14: All policies of liability or professional liability insurance, primary, excess, umbrella or otherwise, against which you have made or may make a claim for a defense and/or coverage as a result of the facts alleged by and/or relief sought by the Plaintiff in this cause. If the policy is an aggregate limits policy, then produce the correspondence from any claimant and suit papers for claims brought within the policy year period. ANSWER: PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 7 PLAINTIFF’S FIRST REQUESTS FOR ADMISSION TO DEFENDANT Plaintiff requests, pursuant to Rule 198 of the Texas Rules of Civil Procedure, that the following requests for admissions be answered by you, within thirty (30) days after the date upon service thereof. DEFINITIONS 1. “You” and “Your", and "Defendant" mean Defendant NICHOLAS HOLBROOK, and all other person or entities acting on your behalf and all employees who work on your behalf in the course and scope of your employment and in furtherance of your business. 2. “Accident” and “Incident"means the accident involving Plaintiff and Defendant that is the subject of this lawsuit. PLAINTIFF’S FIRST REQUESTS FOR ADMISSION Request for Admission #1: Admit that on June 18, 2017, a collision occurred between a motor vehicle driven by you and the Plaintiff in League City, Texas. ANSWER: Request for Admission #2: If you admitted Request for Admission #1, admit that the collision occurred while you failed to yield the right of way. ANSWER: Request for Admission #3: Admit that you collided directly into the Plaintiff’s vehicle at the time of the accident. ANSWER: Request for Admission #4: Admit that you did not turn your vehicle to avoid the accident. ANSWER: Request for Admission #5: Admit that you did not sound your horn immediately prior to the accident. ANSWER: Request for Admission #6: Admit that you did not see the Plaintiff’s vehicle until the time of the accident. PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 8 ANSWER: Request for Admission #7: Admit that you failed to keep a proper lookout at the time of the accident. ANSWER: Request for Admission #8: Admit that you were using a cellular phone at the time of the accident. ANSWER: Request for Admission #9: Admit that you were using prescription medication at the time of the accident. ANSWER: PLAINTIFF’S FIRST COMPLETE DISCOVERY REQUESTS Page 9