Motion for Summary Adjudication in VINCENT MCNEIL, et al vs. RONALD RAY MARTIN, et al| Trellis.Law

On December 13, 2021 a Motion-Secondary was filed involving a dispute between Mcneil, Vincent, Powers, Annette, Thomas, Tyrea, and Bitter End Dallas, Llc, Martin, Ronald Ray, Ronald Ray Martin Four A Trucking, Llc, for MOTOR VEHICLE ACCIDENT in the District Court of Dallas County.

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FILED
2/22/2024 10:36 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Jenifer Trujillo DEPUTY

CAUSE NO. DC-21-17782

VINCENT MCNEIL, ANNETTE POWERS, § IN THE DISTRICT COURT
and TYREA THOMAS, as next friend of §
T.H., a minor child, individually and as heirs §
and wrongful death beneficiaries of the Estate §
of LADARRELL MCNEIL §
Plaintiffs §
§ DALLAS COUNTY, TEXAS
V. §
§
RONALD RAY MARTIN FOUR A §
TRUCKING, LLC, RONALD RAY §
MARTIN, and BITTER END DALLAS, LLC §
Defendants § 134th JUDICIAL DISTRICT

PLAINTIFFS’ RESPONSE TO DEFENDANTS’
MOTION FOR PARTIAL SUMMARY JUDGMENT
REGARDING ALLEGED CLAIMS BY TYREA THOMAS, HERSELF

TO THE HONORABLE COURT:

COME NOW PLAINTIFFS and file this response to Defendants’ Motion for Partial

Summary Judgment to Dismiss All Claims by Tyrea Thomas, Individually and as Heir and

Wrongful Death Beneficiary of the Estate of LaDarrell McNeil, and would respectfully show the

Court as follows:

Defendants’ motion is moot, as Tyrea Thomas has never alleged damages in her own right

as a result of the death of LaDarrell McNeil. Ms. Thomas has only ever held herself out in this

lawsuit as the mother of LaDarrell McNeil’s daughter. See Plaintiffs’ Original Petition, filed 12-

13-2021, para. 5, 24, 25. Ms. Thomas stands as next friend to T.H. See TEX. R. CIV. P. 44. It is

T.H., not Tyrea Thomas, who is alleged to be the heir and wrongful death beneficiary of LaDarrell

McNeil. Defendants appear to base their motion entirely on a misreading of the caption of the case,

and any uncertainty in that area could have been cleared up with a quick phone call or an email.

______________________________________________________________________________
Plaintiffs’ Response to Defendants’
Motion for Partial Summary Judgment 1
WHEREFORE, PREMISES CONSIDERED, Plaintiffs request that the Defendants’

motion be denied as moot, and for all other relief, in law or equity, to which they may show

themselves entitled.

Respectfully Submitted,

DUNK LAW FIRM KELLEY LAW FIRM, P.C.

/s/ Brenna L. Sanchez (with permission) /s/ Lalah Lynne Johnson
Brenna L. Sanchez Lalah L. Johnson
Texas Bar No. 24068039 Texas Bar No. 24126404
717 Franklin Street 201 N. Harwood Street
Houston, Texas 77002 Dallas, Texas 75201
Phone: (713) 223-1435 Phone: (972) 850-0500
Fax: (888) 407-2520 Fax: (972) 850-0400
bsanchez@dunklawyers.com johnson@kelleyfirm.com
ATTORNEYS FOR PLAINTIFFS ATTORNEYS FOR PLAINTIFFS.

______________________________________________________________________________
Plaintiffs’ Response to Defendants’
Motion for Partial Summary Judgment 2
CERTIFICATE OF SERVICE

I hereby certify that on February 22, 2024, the foregoing was served upon the persons
identified below in accordance with Tex. R. Civ. P. 21 and 21a.

Jennifer Clayton
service@thewillislawgroup.com
The Willis Law Group
6600 Naaman Forest Blvd
Garland, TX 75044
Attorney for: Bitter End Dallas, LLC

Ms. Lisa D. Hull
lhull@harrisonhull.com
Harrison Hull & Mumm PLLC
112 West Virginia Street
McKinney, TX 75069
Attorney for: Ronald Ray Martin Four A Trucking, LLC, Martin, Mr. Ronald

/s/ Lalah Lynne Johnson
Lalah L. Johnson

______________________________________________________________________________
Plaintiffs’ Response to Defendants’
Motion for Partial Summary Judgment 3
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.

Lalah Johnson on behalf of Lalah Johnson
Bar No. 24126404
johnson@kelleyfirm.com
Envelope ID: 84781669
Filing Code Description: Response
Filing Description: PLAINTIFFS RESPONSE TO DEFENDANTS MOTION
FOR PARTIAL SUMMARY JUDGMENT
Status as of 2/22/2024 12:38 PM CST

Associated Case Party: VINCENT MCNEIL