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FILED
1/8/2024 1:26 PM
1 CIT/PCT#2 FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Belinda Hernandez DEPUTY
DC-22-09627
GEICO COUNTY MUTUAL * In the District Court
INSURANCE COMPANY *
*
v. * 44th Judicial District
*
NKECHINYERE ARUKWE *
*
v. *
*
GASHAW YIMANAA HAMZA *
Third Party Defendant * Dallas County, Texas
ARUKWE’S THIRD PARTY COUNTER PETITION AGAINST GASHAW HAMZA
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Defendant, Nkechinyere Arukwe, by and through her counsel of
record, Eddleman & Clark, in the above-entitled and numbered cause and makes and files this
amended counter petition against Geico County Mutual Insurance Company’s Principal Gashaw
Yimanaa Hamza, and in support thereof would respectfully show unto the Court as follows:
I. DISCOVERY CONTROL PLAN LEVEL
1. Counter Third Party Plaintiff ARUKWE affirmatively pleads that they seek only
monetary relief aggregating $250,000.00 or less, excluding interest, statutory or punitive
damages and penalties, and attorney fees and costs, and intends that discovery be conducted
under Discovery Level 2.
II. PARTIES AND SERVICE
2. Counter Third Party Plaintiff, NKECHINYERE YINAM ARUKWE, whose
address is 13704 Biggs St., Dallas, Texas 75253-5013, brings this action through her counsel
Eddleman & Clark. Third Party Plaintiff has been a Texas resident over six months.
3. Plaintiff/Counter-Defendant, GEICO COUNTY MUTUAL INSURANCE
COMPANY [hereinafter “Geico”], may be served with process by Plaintiffs counsel of record.
Arukwe’s Third Party Petition against Gasham Hamza - Page 1 of 5
4. Third Party Defendant Gashaw Hamza is the principal of Geico and the insured of
Counter Defendant, which has subrogated and brought the claim against Third Party Plaintiff
Arukwe. Hamza may be served at 4725 West Walnut Street, Apt. 1109, Dallas County,
Garland, TX 75042-5159.
III. JURISDICTION AND VENUE
5. The subject matter in controversy is within the jurisdictional limits of this court.
6. Third Party Plaintiff Arukwe seeks only monetary relief of $20,000 or less,
excluding interest, statutory or punitive damages and penalties, and attorney fees and costs. This
court has jurisdiction over the parties because Counter-Defendant is a Texas resident.
IV. FACTUAL ALLEGATIONS
7. On or around June 2, 2021, Counter-Third Party Plaintiff Arukwe was traveling in
the Lake Highlands area near an intersection at Skillman Street and I-635 (aka "LBJ"). Counter
Third Party Plaintiff Arukwe was traveling southbound and entered and occupied a left hand
turning lane, and Counter Third Party Defendant Hamza was traveling northbound in the far lane
(lane 3 of 4). There are four lanes (including the turning lanes) in the southern and northern
directions at the Skillman/LBJ intersection. Counter Third Party Plaintiff Arukwe had a solid
green tum arrow and entered into the intersection. Counter Third Party Defendant Hamza in the
far lane unlawfully ran a red light and entered into the intersection striking Counter Third Party
Plaintiff Arukwe’s vehicle and injuring Arukwe. Counter Third Party Defendant Hamza
carelessly and intentionally entered into an occupied intersection and failed to maintain a safe
distance between his vehicle and Arukwe’s vehicle. Counter Third Party Defendant Hamza's
actions and conduct in the unlawful and negligent operation of his vehicle created an emergency
Arukwe’s Third Party Petition against Gasham Hamza - Page 2 of 5
reaction from Counter Third Party Plaintiff Arukwe and proximately caused damage to
Arukwe’s vehicle and injuring her.
V. CAUSE OF ACTION
8. Counter Third Party Defendant Hamza is liable to Counter Third Party Plaintiff
Arukwe because of negligence at common law and pursuant to the violations of the V.T.C.A.,
Transportation Code, Title 7 Subtitled C Chapter 545, including but not limited failing to follow
proper road procedures and standards while operating the vehicle, as would have been done by
an ordinary person of the same age, experience, intelligence, and capacity, in the exercise of
ordinary care, acting in the same or similar circumstances;
9. Specifically, Counter Third Party Defendant Hamza was negligent in: (a) Failing
to properly enter the intersection; (b) Failing to maintain a proper lookout; ( c) Failing to adhere
to traffic signals; ( d) Failing to yield the right-of-way at an intersection; and, ( e) Driving while
unlicensed and/or impaired; (f) Operating a motor vehicle in a dangerous manner; (g) Failing to
drive the posted speed limit; (h) Cutting off Counter Third Party Plaintiff and/or Merging too
close.
VI. DAMAGES
10. Counter Third Party Plaintiff Arukwe incorporates by reference the factual
allegations contained m the preceding paragraphs.
11. Counter Third Party Plaintiff Arukwe seeks only monetary relief of $20,000 or
less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs.
12. Counter Third Party Defendant Hamza is fifty (50%) percent or more at fault for
causing the accident and damage to Third Party Plaintiff Arukwe’s vehicle.
13. Counter Third Party Plaintiff Arukwe has, and continues, to incur costs and
attorneys fees in the defense of this matter.
Arukwe’s Third Party Petition against Gasham Hamza - Page 3 of 5
14. Third Party Plaintiff Arukwe will incur repair or replacement costs for her
vehicle.
VII. ATTORNEY'S FEES
15. Request is made for all costs and reasonable and necessary attorney's fees
incurred by or on behalf of Third Party Plaintiff Arukwe herein, including all fees necessary in
the event of an appeal of this cause to the Court of Appeals and the Supreme Court of Texas, as
the Court deems equitable and just, as provided by Chapter 38 of the Texas Civil Practice and
Remedies Code and Section 37.009 of the Texas Civil Practice and Remedies Code.
VIII. ALTERNATIVE ALLEGATIONS
16. Pursuant to Rules 4 7 and 48, Texas Rules of Civil Procedure and the rules of
pleadings, allegations in this petition are made in the alternative.
IX. THIRD PARTY PLAINTIFF HEREBY DEMANDS TRIAL BY JURY
17. Plaintiff paid a jury fee for this case on August 18, 2023.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Third Party Plaintiff Nkechinyere
Arukwe, respectfully prays that the Third Party Defendant Hamza be cited to appear and answer
herein, and that upon a final hearing of the cause, that the court enter judgement for:
a. damages requested hereinabove together with prejudgment and post-judgment interest at
the maximum rate allowed by law;
b. attorney's fees, costs of court; and
c. such other and further relief to which the Third Party Plaintiff may be entitled at law or in
equity, whether pled or unpled.
Respectfully submitted,
Arukwe’s Third Party Petition against Gasham Hamza - Page 4 of 5
EDDLEMAN & CLARK
Attorneys for Defendant/Third Party
4627 North Central Expressway
Knox Central Place, Suite 2000
Dallas, Texas 75205-4022
Phone 214.528.2400
Fax 214.528.2434
Firm@EddlemanClark.com
______________________________
ROBERT M. CLARK
State Bar No. 04298200
ASHLEY C. HUNTER
State Bar No. 24124215
Certificate of Service
I certify that a true copy of the above was served on counsel for Plaintiff, Gigi attar, 5930 Royal
Lane, Suite E #515, Dallas, TX 75230-3896, Fax 216.298.4495, GMattar@Rathbonegrop.com in
accordance with Rule 21a of the Texas Rules of Civil Procedure on the 8th day of January, 2024.
___________________________________
Robert M. Clark
Arukwe’s Third Party Petition against Gasham Hamza - Page 5 of 5
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.
Robert Clark on behalf of Robert Clark
Bar No. 4298200
Firm@EddlemanClark.com
Envelope ID: 83180577
Filing Code Description: Original Answer - General Denial
Filing Description: DEFENDANT ARUKWE’S AMENDED ANSWER
Status as of 1/12/2024 10:30 AM CST
Associated Case Party: GEICO COUNTY MUTUAL INSURANCE COMPANY
Name BarNumber Email TimestampSubmitted Status
GIGI MATTTAR efiletx@ezmessenger.com 1/8/2024 1:26:02 PM SENT
Gigi Mattar GMattar@Rathbonegroup.com 1/8/2024 1:26:02 PM SENT
Sharis Hauder shauder@geico.com 1/8/2024 1:26:02 PM SENT
Michelle Lopez michelopez@geico.com 1/8/2024 1:26:02 PM SENT
Associated Case Party: NKECHINYERE ARUKWE
Name BarNumber Email TimestampSubmitted Status
Katie Contreras kcontreras@borell.com 1/8/2024 1:26:02 PM SENT
Donald W.Dickson service@borell.com 1/8/2024 1:26:02 PM SENT
Nkechinyere Arukwe nkemhez55@yahoo.com 1/8/2024 1:26:02 PM SENT
Ervin Layer blayer@borell.com 1/8/2024 1:26:02 PM SENT
Service for The Law Offices of Alexander E. Borell, P.A. service@borell.com 1/8/2024 1:26:02 PM SENT
Preview
FILED 1/8/2024 1:26 PM 1 CIT/PCT#2 FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Belinda Hernandez DEPUTY DC-22-09627 GEICO COUNTY MUTUAL * In the District Court INSURANCE COMPANY * * v. * 44th Judicial District * NKECHINYERE ARUKWE * * v. * * GASHAW YIMANAA HAMZA * Third Party Defendant * Dallas County, Texas ARUKWE’S THIRD PARTY COUNTER PETITION AGAINST GASHAW HAMZA TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Defendant, Nkechinyere Arukwe, by and through her counsel of record, Eddleman & Clark, in the above-entitled and numbered cause and makes and files this amended counter petition against Geico County Mutual Insurance Company’s Principal Gashaw Yimanaa Hamza, and in support thereof would respectfully show unto the Court as follows: I. DISCOVERY CONTROL PLAN LEVEL 1. Counter Third Party Plaintiff ARUKWE affirmatively pleads that they seek only monetary relief aggregating $250,000.00 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs, and intends that discovery be conducted under Discovery Level 2. II. PARTIES AND SERVICE 2. Counter Third Party Plaintiff, NKECHINYERE YINAM ARUKWE, whose address is 13704 Biggs St., Dallas, Texas 75253-5013, brings this action through her counsel Eddleman & Clark. Third Party Plaintiff has been a Texas resident over six months. 3. Plaintiff/Counter-Defendant, GEICO COUNTY MUTUAL INSURANCE COMPANY [hereinafter “Geico”], may be served with process by Plaintiffs counsel of record. Arukwe’s Third Party Petition against Gasham Hamza - Page 1 of 5 4. Third Party Defendant Gashaw Hamza is the principal of Geico and the insured of Counter Defendant, which has subrogated and brought the claim against Third Party Plaintiff Arukwe. Hamza may be served at 4725 West Walnut Street, Apt. 1109, Dallas County, Garland, TX 75042-5159. III. JURISDICTION AND VENUE 5. The subject matter in controversy is within the jurisdictional limits of this court. 6. Third Party Plaintiff Arukwe seeks only monetary relief of $20,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs. This court has jurisdiction over the parties because Counter-Defendant is a Texas resident. IV. FACTUAL ALLEGATIONS 7. On or around June 2, 2021, Counter-Third Party Plaintiff Arukwe was traveling in the Lake Highlands area near an intersection at Skillman Street and I-635 (aka "LBJ"). Counter Third Party Plaintiff Arukwe was traveling southbound and entered and occupied a left hand turning lane, and Counter Third Party Defendant Hamza was traveling northbound in the far lane (lane 3 of 4). There are four lanes (including the turning lanes) in the southern and northern directions at the Skillman/LBJ intersection. Counter Third Party Plaintiff Arukwe had a solid green tum arrow and entered into the intersection. Counter Third Party Defendant Hamza in the far lane unlawfully ran a red light and entered into the intersection striking Counter Third Party Plaintiff Arukwe’s vehicle and injuring Arukwe. Counter Third Party Defendant Hamza carelessly and intentionally entered into an occupied intersection and failed to maintain a safe distance between his vehicle and Arukwe’s vehicle. Counter Third Party Defendant Hamza's actions and conduct in the unlawful and negligent operation of his vehicle created an emergency Arukwe’s Third Party Petition against Gasham Hamza - Page 2 of 5 reaction from Counter Third Party Plaintiff Arukwe and proximately caused damage to Arukwe’s vehicle and injuring her. V. CAUSE OF ACTION 8. Counter Third Party Defendant Hamza is liable to Counter Third Party Plaintiff Arukwe because of negligence at common law and pursuant to the violations of the V.T.C.A., Transportation Code, Title 7 Subtitled C Chapter 545, including but not limited failing to follow proper road procedures and standards while operating the vehicle, as would have been done by an ordinary person of the same age, experience, intelligence, and capacity, in the exercise of ordinary care, acting in the same or similar circumstances; 9. Specifically, Counter Third Party Defendant Hamza was negligent in: (a) Failing to properly enter the intersection; (b) Failing to maintain a proper lookout; ( c) Failing to adhere to traffic signals; ( d) Failing to yield the right-of-way at an intersection; and, ( e) Driving while unlicensed and/or impaired; (f) Operating a motor vehicle in a dangerous manner; (g) Failing to drive the posted speed limit; (h) Cutting off Counter Third Party Plaintiff and/or Merging too close. VI. DAMAGES 10. Counter Third Party Plaintiff Arukwe incorporates by reference the factual allegations contained m the preceding paragraphs. 11. Counter Third Party Plaintiff Arukwe seeks only monetary relief of $20,000 or less, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs. 12. Counter Third Party Defendant Hamza is fifty (50%) percent or more at fault for causing the accident and damage to Third Party Plaintiff Arukwe’s vehicle. 13. Counter Third Party Plaintiff Arukwe has, and continues, to incur costs and attorneys fees in the defense of this matter. Arukwe’s Third Party Petition against Gasham Hamza - Page 3 of 5 14. Third Party Plaintiff Arukwe will incur repair or replacement costs for her vehicle. VII. ATTORNEY'S FEES 15. Request is made for all costs and reasonable and necessary attorney's fees incurred by or on behalf of Third Party Plaintiff Arukwe herein, including all fees necessary in the event of an appeal of this cause to the Court of Appeals and the Supreme Court of Texas, as the Court deems equitable and just, as provided by Chapter 38 of the Texas Civil Practice and Remedies Code and Section 37.009 of the Texas Civil Practice and Remedies Code. VIII. ALTERNATIVE ALLEGATIONS 16. Pursuant to Rules 4 7 and 48, Texas Rules of Civil Procedure and the rules of pleadings, allegations in this petition are made in the alternative. IX. THIRD PARTY PLAINTIFF HEREBY DEMANDS TRIAL BY JURY 17. Plaintiff paid a jury fee for this case on August 18, 2023. PRAYER WHEREFORE, PREMISES CONSIDERED, Third Party Plaintiff Nkechinyere Arukwe, respectfully prays that the Third Party Defendant Hamza be cited to appear and answer herein, and that upon a final hearing of the cause, that the court enter judgement for: a. damages requested hereinabove together with prejudgment and post-judgment interest at the maximum rate allowed by law; b. attorney's fees, costs of court; and c. such other and further relief to which the Third Party Plaintiff may be entitled at law or in equity, whether pled or unpled. Respectfully submitted, Arukwe’s Third Party Petition against Gasham Hamza - Page 4 of 5 EDDLEMAN & CLARK Attorneys for Defendant/Third Party 4627 North Central Expressway Knox Central Place, Suite 2000 Dallas, Texas 75205-4022 Phone 214.528.2400 Fax 214.528.2434 Firm@EddlemanClark.com ______________________________ ROBERT M. CLARK State Bar No. 04298200 ASHLEY C. HUNTER State Bar No. 24124215 Certificate of Service I certify that a true copy of the above was served on counsel for Plaintiff, Gigi attar, 5930 Royal Lane, Suite E #515, Dallas, TX 75230-3896, Fax 216.298.4495, GMattar@Rathbonegrop.com in accordance with Rule 21a of the Texas Rules of Civil Procedure on the 8th day of January, 2024. ___________________________________ Robert M. Clark Arukwe’s Third Party Petition against Gasham Hamza - Page 5 of 5 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. Robert Clark on behalf of Robert Clark Bar No. 4298200 Firm@EddlemanClark.com Envelope ID: 83180577 Filing Code Description: Original Answer - General Denial Filing Description: DEFENDANT ARUKWE’S AMENDED ANSWER Status as of 1/12/2024 10:30 AM CST Associated Case Party: GEICO COUNTY MUTUAL INSURANCE COMPANY Name BarNumber Email TimestampSubmitted Status GIGI MATTTAR efiletx@ezmessenger.com 1/8/2024 1:26:02 PM SENT Gigi Mattar GMattar@Rathbonegroup.com 1/8/2024 1:26:02 PM SENT Sharis Hauder shauder@geico.com 1/8/2024 1:26:02 PM SENT Michelle Lopez michelopez@geico.com 1/8/2024 1:26:02 PM SENT Associated Case Party: NKECHINYERE ARUKWE Name BarNumber Email TimestampSubmitted Status Katie Contreras kcontreras@borell.com 1/8/2024 1:26:02 PM SENT Donald W.Dickson service@borell.com 1/8/2024 1:26:02 PM SENT Nkechinyere Arukwe nkemhez55@yahoo.com 1/8/2024 1:26:02 PM SENT Ervin Layer blayer@borell.com 1/8/2024 1:26:02 PM SENT Service for The Law Offices of Alexander E. Borell, P.A. service@borell.com 1/8/2024 1:26:02 PM SENT