Preview
FILED
DALLAS COUNTY
8/30/2019 3:05 PM
FELICIA PITRE
1 CIT / ES DISTRICT CLERK
DC-1 9-1 3584
Danitra Wilkerson
Cause N0.
ALFONSO LARA § IN THE DISTRICT COURT
Plaintiff, §
§
vs. § DALLAS COUNTY, TEXAS
§
§
DAYAKAR PINDI 160th
§
Defendant. § JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF THIS COURT:
Plaintiff ALFONSO LARA, individually, complains 0f Defendant DAYAKAR PINDI
and in support thereof would show the Court as follows:
I.
DISCOVERY
As required by Rule 47(b), Texas Rules of
0f Civil Procedure, Plaintiffs counsel states that
the damages sought are in an amount within the jurisdictional limits 0f this Court. As required
by Rule 47(c),
47(0), Texas Rules of Civil Procedure, Plaintiff‘s
Plaintiffs counsel states that Plaintiff seeks
monetary relief, the maximum Which
0f which
of is over $100,000 but not more than $200,000. The
amount of monetary relief actually awarded, however, will ultimately be determined by a jury.
Plaintiff also seeks pre-judgment and post-judgment interest at the highest legal rate. Plaintiff
ALFONSO LARA declares that discovery in this lawsuit is intended to be conducted under
Level 3 (T.R.C.P. 190.4).
II.
NATURE OF THE CASE
This is to recover monetary
a suit t0 relief, the maximum of which is over $100,000 but not
more than $200,000. The amount of
0f monetary relief actually awarded, however, will
Will ultimately
be determined by a jury. These damages are sought from Defendant DAYAKAR PINDI’S
of a motor vehicle.
negligent operation 0f
PLAINTIFF’S ORIGINAL PETITION
Page 1 of 5
III.
PARTIES
Plaintiff ALFONSO LARA is an individual residing in Dallas County, Texas.
Defendant DAYAKAR PINDI is an individual residing in Collin County and may be
served at her last known address 0f 6059 Amalfi Dr., Frisco, Texas 75035.
IV.
VENUE
Venue is proper in Dallas County pursuant t0 Tex. CiV. Prac. & Rem. Code Ann. §
15.002 because the accident made the basis 0f this suit occurred in Dallas County.
V.
FACTS
On 0r about December 4, 2018, Plaintiff was traveling in an automobile, driving in a safe
and prudent manner, in compliance With the laws and regulations of the State 0f Texas. Plaintiff
was traveling on Park Lane. As Plaintiff was traveling on Park Lane, Defendant PINDI made an
unsafe left turn in front 0f Plaintiff and struck Plaintiff s vehicle, causing Plaintiff s injuries.
VI.
NEGLIGENCE OF DEFENDANT DAYAKAR PINDI
On the occasion in question, Defendant operated the vehicle she was driving in a
negligent manner in that she breached a duty she owed t0 Plaintiff to exercise ordinary care in
the operation of her motor vehicle in the following particulars:
1) in failing to keep a proper lookout for the Plaintiff’s safety that would have been
maintained by a person of ordinary prudence under the same 0r similar circumstances;
2) in failing to apply the brakes of her vehicle in order t0 avoid the collision in question;
3) in failing t0 timely apply the brakes of her vehicle in order t0 avoid the collision in
question;
4) in failing to turn her vehicle to the left or right in order t0 avoid the collision in question;
5) in failing t0 remain reasonably attentive t0 the traffic and other conditions existing 0n the
PLAINTIFF’S ORIGINAL PETITION
Page 2 of 5
roadway as a reasonably prudent person would have been under the same 0r similar
circumstances;
6) in failing to sound her horn;
7) in her inattention t0 the operation 0f her vehicle;
8) in failing maintain an assured clear distance between her vehicle and Plaintiff’s, which
she was following, Which would have enabled her to stop safely Without colliding With
the Plaintiff’s vehicle. This is in Violation 0f Texas Transportation Code §545.062;
9) in failing t0 control the speed of her vehicle as a reasonable and prudent person under the
same 0r similar circumstances existing at the time of the incident which violates Texas
Transportation Code §545.35 1;
10) in driving her vehicle at a speed greater than What was reasonable and prudent under the
conditions existing at the time and having regard for the actual and potential hazards then
existing in Violation 0f Texas Transportation Code §545.351 (b)(l);
11) in failing to control the speed of her vehicle as necessary t0 avoid colliding with another
person 0r vehicle that was 0n the highway in compliance With law and the duty 0f each
person to use due care in Violation of Texas Transportation Code §545.351 (b)(2);
12) in failing t0 drive at an appropriate reduced speed When a special hazard existed With
regards to weather and highway conditions in Violation 0f Texas Transportation Code
§545.351 (c)(S);
13) in failing t0 yield the right of way t0 Plaintiff; and
14) in her inattention t0 road signs and traffic lights.
Each 0f such acts and omissions, singularly 0r in combination with others constituted
With others constituted negligence and negligence per se Which proximately caused the collision
and the injuries Which Plaintiff suffered. Defendant DAYAKAR PINDI inexcusably violated
Texas statutes that were designed to prevent injuries to a class 0f persons which Plaintiff
belonged. Further Plaintiff suffered injuries Which the statutes were intended t0 prevent.
VII.
PLAINTIFF’ S INJURIES
As a direct and proximate cause 0f Defendant’s negligence, upon impact, Plaintiff was
forcefully thrown about the interior 0f his vehicle.
PLAINTIFF’S ORIGINAL PETITION
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As a direct and proximate cause of Defendant’s negligence, Plaintiff began to experience
pain throughout his body. Later his symptoms increased and he received conservative medical
attention. As a result 0f these injuries, Plaintiff Will, in all reasonable probability, experience
residual weaknesses and suffer related symptoms long into the future.
VIII.
DAMAGES
A. As a result of the injuries sustained by Plaintiff in the incident made the basis of this suit,
he has suffered severe physical and mental pain and anguish and in all reasonable probability,
Will continue t0 suffer such mental and physical pain and anguish for a long time into the future.
B. Additionally, Plaintiff has incurred reasonable medical expenses as a result 0f the
complained 0f injuries. In all reasonable probability he Will incur further reasonable medical
expenses in the future relating to the injuries complained 0f above.
C. At the time 0f the incident complained of, Plaintiff was gainfully employed. As a further
result of the injuries sustained by them, Plaintiff suffered physical impairment and was unable to
work for a period 0f time, resulting in a loss 0f wages. But for Defendant’s negligence, Plaintiff
would have been able to work during this period. Additionally, due to Plaintiffs impairment,
Plaintiff Will suffer a loss 0f earning capacity in the future.
D. Plaintiff suffered physical impairment in that his daily activities were altered as a result
0f the accident. In all reasonable probability he will suffer physical impairment into the future.
E. As a result of the injuries sustained by Plaintiff in the incident made the basis 0f this suit,
Plaintiff seeks reasonable compensation for disfigurement to Plaintiff” s body.
F. Plaintiff seeks reasonable compensation for the damages and loss 0f use 0f Plaintiff’s
vehicle that was involved in the incident made the basis 0f this suit.
IX.
NOTICE OF INTENT TO USE DOCUMENTS PRODUCED AT ANY PRE-TRIAL
PROCEEDING AND/OR AT TRIAL
Pursuant t0 Rule 193.7 of the Texas Rules 0f Civil Procedure, Plaintiff gives notice t0 all
PLAINTIFF’S ORIGINAL PETITION
Page 4 of 5
parties in this matter that Plaintiff intends t0 use any and all documents produced by any and/or
all parties in discovery, attached t0 depositions as exhibits, or produced for inspection at
deposition in this case at any pre-trial proceeding and/or at trial.
X.
PRAYER
WHEREFORE, Plaintiff requests that Defendant DAYAKAR PINDI, be cited t0 appear
and answer and that 0n final hearing Plaintiff has final judgment against Defendant for an
amount Within the jurisdictional limits 0f the Court, together With interest at the lawful rate from
December 4, 2018, until judgment, and post-judgment interest at the lawful rate, costs 0f court
and for such other and further relief, at law or in equity t0 which Plaintiff is justly entitled.
XI.
REQUEST FOR DISCLOSURE
Pursuant t0 Rule 194 0f the Texas Rules of Civil Procedure, please disclosure all
information identified in Rule 194.2 (a)
— (1).
Respectfully submitted,
Hernandez & Browning
By:
\s\ Sabrina L. Galvan
Sabrina L. Galvan
Texas Bar Number 24096871
Juan C. Hernandez
Texas Bar Number 24002270
16850 Dallas Parkway
Dallas, Texas 75248
(972) 234-7802 Telephone
(972) 982-7349 Telecopy
sabrina@juanlaw.com Email
Counselfor Plaintifl.
PLAINTIFF’S ORIGINAL PETITION
Page 5 of 5
Preview
FILED DALLAS COUNTY 8/30/2019 3:05 PM FELICIA PITRE 1 CIT / ES DISTRICT CLERK DC-1 9-1 3584 Danitra Wilkerson Cause N0. ALFONSO LARA § IN THE DISTRICT COURT Plaintiff, § § vs. § DALLAS COUNTY, TEXAS § § DAYAKAR PINDI 160th § Defendant. § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF THIS COURT: Plaintiff ALFONSO LARA, individually, complains 0f Defendant DAYAKAR PINDI and in support thereof would show the Court as follows: I. DISCOVERY As required by Rule 47(b), Texas Rules of 0f Civil Procedure, Plaintiffs counsel states that the damages sought are in an amount within the jurisdictional limits 0f this Court. As required by Rule 47(c), 47(0), Texas Rules of Civil Procedure, Plaintiff‘s Plaintiffs counsel states that Plaintiff seeks monetary relief, the maximum Which 0f which of is over $100,000 but not more than $200,000. The amount of monetary relief actually awarded, however, will ultimately be determined by a jury. Plaintiff also seeks pre-judgment and post-judgment interest at the highest legal rate. Plaintiff ALFONSO LARA declares that discovery in this lawsuit is intended to be conducted under Level 3 (T.R.C.P. 190.4). II. NATURE OF THE CASE This is to recover monetary a suit t0 relief, the maximum of which is over $100,000 but not more than $200,000. The amount of 0f monetary relief actually awarded, however, will Will ultimately be determined by a jury. These damages are sought from Defendant DAYAKAR PINDI’S of a motor vehicle. negligent operation 0f PLAINTIFF’S ORIGINAL PETITION Page 1 of 5 III. PARTIES Plaintiff ALFONSO LARA is an individual residing in Dallas County, Texas. Defendant DAYAKAR PINDI is an individual residing in Collin County and may be served at her last known address 0f 6059 Amalfi Dr., Frisco, Texas 75035. IV. VENUE Venue is proper in Dallas County pursuant t0 Tex. CiV. Prac. & Rem. Code Ann. § 15.002 because the accident made the basis 0f this suit occurred in Dallas County. V. FACTS On 0r about December 4, 2018, Plaintiff was traveling in an automobile, driving in a safe and prudent manner, in compliance With the laws and regulations of the State 0f Texas. Plaintiff was traveling on Park Lane. As Plaintiff was traveling on Park Lane, Defendant PINDI made an unsafe left turn in front 0f Plaintiff and struck Plaintiff s vehicle, causing Plaintiff s injuries. VI. NEGLIGENCE OF DEFENDANT DAYAKAR PINDI On the occasion in question, Defendant operated the vehicle she was driving in a negligent manner in that she breached a duty she owed t0 Plaintiff to exercise ordinary care in the operation of her motor vehicle in the following particulars: 1) in failing to keep a proper lookout for the Plaintiff’s safety that would have been maintained by a person of ordinary prudence under the same 0r similar circumstances; 2) in failing to apply the brakes of her vehicle in order t0 avoid the collision in question; 3) in failing t0 timely apply the brakes of her vehicle in order t0 avoid the collision in question; 4) in failing to turn her vehicle to the left or right in order t0 avoid the collision in question; 5) in failing t0 remain reasonably attentive t0 the traffic and other conditions existing 0n the PLAINTIFF’S ORIGINAL PETITION Page 2 of 5 roadway as a reasonably prudent person would have been under the same 0r similar circumstances; 6) in failing to sound her horn; 7) in her inattention t0 the operation 0f her vehicle; 8) in failing maintain an assured clear distance between her vehicle and Plaintiff’s, which she was following, Which would have enabled her to stop safely Without colliding With the Plaintiff’s vehicle. This is in Violation 0f Texas Transportation Code §545.062; 9) in failing t0 control the speed of her vehicle as a reasonable and prudent person under the same 0r similar circumstances existing at the time of the incident which violates Texas Transportation Code §545.35 1; 10) in driving her vehicle at a speed greater than What was reasonable and prudent under the conditions existing at the time and having regard for the actual and potential hazards then existing in Violation 0f Texas Transportation Code §545.351 (b)(l); 11) in failing to control the speed of her vehicle as necessary t0 avoid colliding with another person 0r vehicle that was 0n the highway in compliance With law and the duty 0f each person to use due care in Violation of Texas Transportation Code §545.351 (b)(2); 12) in failing t0 drive at an appropriate reduced speed When a special hazard existed With regards to weather and highway conditions in Violation 0f Texas Transportation Code §545.351 (c)(S); 13) in failing t0 yield the right of way t0 Plaintiff; and 14) in her inattention t0 road signs and traffic lights. Each 0f such acts and omissions, singularly 0r in combination with others constituted With others constituted negligence and negligence per se Which proximately caused the collision and the injuries Which Plaintiff suffered. Defendant DAYAKAR PINDI inexcusably violated Texas statutes that were designed to prevent injuries to a class 0f persons which Plaintiff belonged. Further Plaintiff suffered injuries Which the statutes were intended t0 prevent. VII. PLAINTIFF’ S INJURIES As a direct and proximate cause 0f Defendant’s negligence, upon impact, Plaintiff was forcefully thrown about the interior 0f his vehicle. PLAINTIFF’S ORIGINAL PETITION Page 3 of 5 As a direct and proximate cause of Defendant’s negligence, Plaintiff began to experience pain throughout his body. Later his symptoms increased and he received conservative medical attention. As a result 0f these injuries, Plaintiff Will, in all reasonable probability, experience residual weaknesses and suffer related symptoms long into the future. VIII. DAMAGES A. As a result of the injuries sustained by Plaintiff in the incident made the basis of this suit, he has suffered severe physical and mental pain and anguish and in all reasonable probability, Will continue t0 suffer such mental and physical pain and anguish for a long time into the future. B. Additionally, Plaintiff has incurred reasonable medical expenses as a result 0f the complained 0f injuries. In all reasonable probability he Will incur further reasonable medical expenses in the future relating to the injuries complained 0f above. C. At the time 0f the incident complained of, Plaintiff was gainfully employed. As a further result of the injuries sustained by them, Plaintiff suffered physical impairment and was unable to work for a period 0f time, resulting in a loss 0f wages. But for Defendant’s negligence, Plaintiff would have been able to work during this period. Additionally, due to Plaintiffs impairment, Plaintiff Will suffer a loss 0f earning capacity in the future. D. Plaintiff suffered physical impairment in that his daily activities were altered as a result 0f the accident. In all reasonable probability he will suffer physical impairment into the future. E. As a result of the injuries sustained by Plaintiff in the incident made the basis 0f this suit, Plaintiff seeks reasonable compensation for disfigurement to Plaintiff” s body. F. Plaintiff seeks reasonable compensation for the damages and loss 0f use 0f Plaintiff’s vehicle that was involved in the incident made the basis 0f this suit. IX. NOTICE OF INTENT TO USE DOCUMENTS PRODUCED AT ANY PRE-TRIAL PROCEEDING AND/OR AT TRIAL Pursuant t0 Rule 193.7 of the Texas Rules 0f Civil Procedure, Plaintiff gives notice t0 all PLAINTIFF’S ORIGINAL PETITION Page 4 of 5 parties in this matter that Plaintiff intends t0 use any and all documents produced by any and/or all parties in discovery, attached t0 depositions as exhibits, or produced for inspection at deposition in this case at any pre-trial proceeding and/or at trial. X. PRAYER WHEREFORE, Plaintiff requests that Defendant DAYAKAR PINDI, be cited t0 appear and answer and that 0n final hearing Plaintiff has final judgment against Defendant for an amount Within the jurisdictional limits 0f the Court, together With interest at the lawful rate from December 4, 2018, until judgment, and post-judgment interest at the lawful rate, costs 0f court and for such other and further relief, at law or in equity t0 which Plaintiff is justly entitled. XI. REQUEST FOR DISCLOSURE Pursuant t0 Rule 194 0f the Texas Rules of Civil Procedure, please disclosure all information identified in Rule 194.2 (a) — (1). Respectfully submitted, Hernandez & Browning By: \s\ Sabrina L. Galvan Sabrina L. Galvan Texas Bar Number 24096871 Juan C. Hernandez Texas Bar Number 24002270 16850 Dallas Parkway Dallas, Texas 75248 (972) 234-7802 Telephone (972) 982-7349 Telecopy sabrina@juanlaw.com Email Counselfor Plaintifl. PLAINTIFF’S ORIGINAL PETITION Page 5 of 5