Preview
FILED
2/5/2024 9:19 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Lauren Beavers DEPUTY
CAUSE NO. DC-22-13615
STORMIE NORRIS AND § IN THE DISTRICT COURT
OSVALDO RODRIGUEZ, §
Plaintiff, §
§
§ DALLAS COUNTY, TEXAS
v. §
§
§
AMY PHAN, AND OSVALDO §
RODRIGUEZ, §
Defendant. § 44TH JUDICIAL DISTRICT
PLAINTIFF'S FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Stormie Norris (“Plaintiff”) complaining of and against Amy Phan
(“Defendant”) and would respectfully show unto the Court as follows:
I. DISCOVERY CONTROL PLAN
Plaintiff intends to conduct discovery under Level 2 pursuant to Texas Rule of Civil
Procedure §190.3. Pursuant to Texas Rule of Civil Procedure §194.2, Defendant’s initial
disclosures are required to be made within thirty (30) days after the filing of the first
answer, unless a different time is set by the Court or by the parties’ agreement.
II. PARTIES AND SERVICE
Plaintiff Stormie Norris (“Plaintiff”) is an individual residing in Denton County, Texas,
and the last three digits of her driver license number are 142.
Defendant Amy Phan (“Defendant Phan”) is an individual residing in Dallas County,
Texas, who may be served with process at 827 Luxor Court, Grand Prairie, Texas 75052.
PLAINTIFF’S FIRST AMENDED PETITION Page 1 of 7
Defendant has answered and appeared in this matter.
III. JURISDICTION
The Court has subject matter jurisdiction over this lawsuit because the amount in
controversy is within the jurisdictional limits of this Court.
IV. VENUE
Venue is proper in Dallas County, Texas, pursuant to 15.002(a)(1) and 15.002(a)(2) of the
Texas Civil Practice and Remedies Code, because all or a substantial part of the events or
omissions giving rise to the claim occurred in Dallas County, Texas. The motor vehicle collision
subject of this lawsuit occurred in Dallas County, Texas. Further, Defendant Phan, a natural
person, resided in Dallas County, Texas.
V. FACTS
On or about December 29, 2020, Plaintiff was the restrained passenger, in a 2019
Chevrolet Blazer that was being driven by Osvaldo Rodriguez ("Mr. Rodriguez"). Plaintiff was
traveling in the far left lane on southbound in the 1900 block of N. Interstate Highway 35 E in
Carrollton, Dallas County, Texas. Defendant Phan the driver of a 2009 Toyota Camry was also
traveling southbound in the 1900 block of N. Interstate Highway 35 E directly behind the vehicle
driven by Mr. Rodriguez containing Plaintiff. Mr. Rodriguez began to slow down due an
accident and then attempted to merge into the middle lane, when Defendant Phan failed to,
amongst other things, control the speed of her vehicle and violently struck the rear of the vehicle
carrying Plaintiff.
Defendant Phan failed to, amongst other things: keep such a look out as a person of
ordinary prudence would have kept under similar circumstances; apply the brakes to the vehicle
PLAINTIFF’S FIRST AMENDED PETITION Page 2 of 7
in order to avoid the collision; use due care to avoid the collision; identify, predict, decide and
execute evasive maneuvers appropriately in order to avoid collision; turn the direction of the
vehicle away from the vehicle carrying Plaintiff in order to avoid the collision; failed to
maintain a safe following distance; and control the speed of the vehicle as to avoid a collision
with the vehicle carrying Plaintiff.
As a result of the collision caused by the Defendant Phan's negligence, negligence per se,
and gross negligence, Plaintiff suffered substantial personal injuries and damages.
VI. NEGLIGENCE OF DEFENDANT LISA PHAN
Plaintiffs fully incorporate herein for all purposes the foregoing facts set out in Plaintiff’s
First Amended Petition.
The conduct of Defendant Phan was the proximate cause and/or one of the proximate
causes of Plaintiff’s personal injuries and damages in that Defendant Phan’s acts and/or
omissions constituted negligence, and/or negligence per se in following acts of negligence, to
wit:
a. failing to keep such a look out as a person of ordinary prudence would have
kept under similar circumstances;
b. failing to apply the brakes to the vehicle in order to avoid the collision;
c. failing to turn the direction of the vehicle away from the vehicle carrying
Plaintiff, in order to avoid the accident;
d. failing to use due care to avoid the collision;
e. failing to identify, predict, decide and execute evasive maneuvers appropriately
in order to avoid collision;
PLAINTIFF’S FIRST AMENDED PETITION Page 3 of 7
f. failing to maintain a safe following distance, in violation of Texas
Transportation Code § 545.062(a);
g. failing to control the speed of the vehicle, in violation of Texas Transportation
Code § 545.351; and
h. driver inattention.
Each of the above acts and/or omissions, singularly, or in combination with others,
constitutes negligence and/or negligence per se, which proximately caused the occurrence made
the basis of this action and the proximate cause of Plaintiff’s damages.
VII. DAMAGES
As a result of the above-referenced wrongful conduct of Defendant Phan, Plaintiff
suffered serious injuries to various parts of her body.
As a result of the injuries Plaintiff sustained, Plaintiff incurred reasonable and necessary
doctors’ and medical expenses for her necessary medical care and attention in excess of the
jurisdictional limits of this court. There is also a reasonable probability Plaintiff will incur
additional expenses for necessary medical and related health care in the future in an amount
unknown at this time.
In addition, Plaintiff suffered severe physical and mental pain, suffering and anguish, and
in all reasonable probability, will continue to suffer in this manner well into the future, if not for
the balance of her life.
As a proximate result of the negligence of Defendant Phan, Plaintiff suffered injuries to
her body in general. Defendant Phan's negligence diminished Plaintiff’s ability to administer to
her own needs. In all probability, Plaintiff’s ability to attend to customary household duties will
PLAINTIFF’S FIRST AMENDED PETITION Page 4 of 7
continue to be so impaired well into the future, if not for the balance of her natural life.
VIII. RULE 47 PLEADING
Plaintiffs pleads, as she is required to under Rule 47(c)(1) of the Texas Rules of Civil
Procedure, that they seek monetary relief monetary relief over $250,000 but not more than
$1,000,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest,
and attorney fees.
IX. RULE 193.7 SELF-AUTHENTICATION
Plaintiff hereby provides notice to Defendant that any documents produced in response to
written discovery will be authenticated for use in any pre-trial proceeding or at trial.
X. DESIGNATED E-SERVICE ADDRESS
The under-signed attorney’s designated e-service address for all e-served documents and
notices, filed and unfiled is: efile@chalakilaw.com. This is the under-signed attorney’s only e-
service email address, and service through any other email address will be considered invalid.
XI. PRAYER
WHEREFORE, Plaintiff respectfully requests that Defendant Phan be cited to appear and
answer, and that on final trial, Plaintiff be awarded judgment against Defendants for the
following:
a. Actual medical bills for Plaintiff’s damages, which are necessary and reasonable for these
types of services; and for future medical attention, and full damages in a sum within the
jurisdictional limits of this Court;
b. Monetary damages for past and future physical pain and suffering and mental anguish
found to be reasonable and just by the trier of fact;
PLAINTIFF’S FIRST AMENDED PETITION Page 5 of 7
c. Physical impairment as determined by the trier of fact;
d. Pre and post judgment interest at the maximum legal rate;
e. Cost of Court; and
f. Such other and further relief, at law or in equity, to which Plaintiffs will be justly entitled.
Respectfully submitted,
CHALAKI LAW, P.C.
By: /s/ Yasamin Moussavi
E-service: efile@chalakilaw.com
Yasamin Moussavi
Texas Bar No. 24128646
Shawn Hashemi
Texas Bar No. 24090151
North Dallas Law Center
3234 Commander Drive, Suite 100
Carrollton, Texas 75006
Tel. (972) 793-8500
Fax. (800) 991-6288
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S FIRST AMENDED PETITION Page 6 of 7
CERTIFICATE OF SERVICE
I hereby certify that a true a correct copy of Plaintiff's First Amended Petition has been
forwarded to all parties on this 5th day of February 2024, as indicated below:
Kory Kingery
R.E. Lopez & Associates, P.C.
550 E. 15th Street, Suite 200
Plano, Texas 75074
service@northtxlaw.com
Attorney for Plaintiff Osvaldo Rodriguez
John W. Breeze
The LeCrone Law Firm, P.C.
123 North Crockett Street, Suite 200
Sherman, Texas 75090
eservice@lecronelaw.com
Attorney for Defendant Amy Michelle Phan
/s/ Yasamin Moussavi________
Yasamin Moussavi
PLAINTIFF’S FIRST AMENDED PETITION Page 7 of 7
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.
Envelope ID: 84128242
Filing Code Description: Amended Petition
Filing Description: 1ST
Status as of 2/5/2024 9:40 AM CST
Associated Case Party: OSVALDO RODRIGUEZ
Name BarNumber Email TimestampSubmitted Status
KORY KINGERY SERVICE@NORTHTXLAW.COM 2/5/2024 9:19:20 AM SENT
Associated Case Party: AMYMichellePHAN
Name BarNumber Email TimestampSubmitted Status
John W.Breeze eservice@lecronelaw.com 2/5/2024 9:19:20 AM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Ken Tapscott KTapscott@thompsoncoe.com 2/5/2024 9:19:20 AM SENT
TC Records ezfile@thompsoncoe.com 2/5/2024 9:19:20 AM SENT
Hector Sanchez hsanchez@thompsoncoe.com 2/5/2024 9:19:20 AM SENT
Kira Powers kpowers@thompsoncoe.com 2/5/2024 9:19:20 AM SENT
Shawn Hashemi efile@chalakilaw.com 2/5/2024 9:19:20 AM SENT
John Couch john.couch@usaa.com 2/5/2024 9:19:20 AM SENT
JOHN DAVIDCOUCH JOHN.COUCH@USAA.COM 2/5/2024 9:19:20 AM SENT
Lisa Caldwell lisa.caldwell@usaa.com 2/5/2024 9:19:20 AM SENT
Preview
FILED 2/5/2024 9:19 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Lauren Beavers DEPUTY CAUSE NO. DC-22-13615 STORMIE NORRIS AND § IN THE DISTRICT COURT OSVALDO RODRIGUEZ, § Plaintiff, § § § DALLAS COUNTY, TEXAS v. § § § AMY PHAN, AND OSVALDO § RODRIGUEZ, § Defendant. § 44TH JUDICIAL DISTRICT PLAINTIFF'S FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Stormie Norris (“Plaintiff”) complaining of and against Amy Phan (“Defendant”) and would respectfully show unto the Court as follows: I. DISCOVERY CONTROL PLAN Plaintiff intends to conduct discovery under Level 2 pursuant to Texas Rule of Civil Procedure §190.3. Pursuant to Texas Rule of Civil Procedure §194.2, Defendant’s initial disclosures are required to be made within thirty (30) days after the filing of the first answer, unless a different time is set by the Court or by the parties’ agreement. II. PARTIES AND SERVICE Plaintiff Stormie Norris (“Plaintiff”) is an individual residing in Denton County, Texas, and the last three digits of her driver license number are 142. Defendant Amy Phan (“Defendant Phan”) is an individual residing in Dallas County, Texas, who may be served with process at 827 Luxor Court, Grand Prairie, Texas 75052. PLAINTIFF’S FIRST AMENDED PETITION Page 1 of 7 Defendant has answered and appeared in this matter. III. JURISDICTION The Court has subject matter jurisdiction over this lawsuit because the amount in controversy is within the jurisdictional limits of this Court. IV. VENUE Venue is proper in Dallas County, Texas, pursuant to 15.002(a)(1) and 15.002(a)(2) of the Texas Civil Practice and Remedies Code, because all or a substantial part of the events or omissions giving rise to the claim occurred in Dallas County, Texas. The motor vehicle collision subject of this lawsuit occurred in Dallas County, Texas. Further, Defendant Phan, a natural person, resided in Dallas County, Texas. V. FACTS On or about December 29, 2020, Plaintiff was the restrained passenger, in a 2019 Chevrolet Blazer that was being driven by Osvaldo Rodriguez ("Mr. Rodriguez"). Plaintiff was traveling in the far left lane on southbound in the 1900 block of N. Interstate Highway 35 E in Carrollton, Dallas County, Texas. Defendant Phan the driver of a 2009 Toyota Camry was also traveling southbound in the 1900 block of N. Interstate Highway 35 E directly behind the vehicle driven by Mr. Rodriguez containing Plaintiff. Mr. Rodriguez began to slow down due an accident and then attempted to merge into the middle lane, when Defendant Phan failed to, amongst other things, control the speed of her vehicle and violently struck the rear of the vehicle carrying Plaintiff. Defendant Phan failed to, amongst other things: keep such a look out as a person of ordinary prudence would have kept under similar circumstances; apply the brakes to the vehicle PLAINTIFF’S FIRST AMENDED PETITION Page 2 of 7 in order to avoid the collision; use due care to avoid the collision; identify, predict, decide and execute evasive maneuvers appropriately in order to avoid collision; turn the direction of the vehicle away from the vehicle carrying Plaintiff in order to avoid the collision; failed to maintain a safe following distance; and control the speed of the vehicle as to avoid a collision with the vehicle carrying Plaintiff. As a result of the collision caused by the Defendant Phan's negligence, negligence per se, and gross negligence, Plaintiff suffered substantial personal injuries and damages. VI. NEGLIGENCE OF DEFENDANT LISA PHAN Plaintiffs fully incorporate herein for all purposes the foregoing facts set out in Plaintiff’s First Amended Petition. The conduct of Defendant Phan was the proximate cause and/or one of the proximate causes of Plaintiff’s personal injuries and damages in that Defendant Phan’s acts and/or omissions constituted negligence, and/or negligence per se in following acts of negligence, to wit: a. failing to keep such a look out as a person of ordinary prudence would have kept under similar circumstances; b. failing to apply the brakes to the vehicle in order to avoid the collision; c. failing to turn the direction of the vehicle away from the vehicle carrying Plaintiff, in order to avoid the accident; d. failing to use due care to avoid the collision; e. failing to identify, predict, decide and execute evasive maneuvers appropriately in order to avoid collision; PLAINTIFF’S FIRST AMENDED PETITION Page 3 of 7 f. failing to maintain a safe following distance, in violation of Texas Transportation Code § 545.062(a); g. failing to control the speed of the vehicle, in violation of Texas Transportation Code § 545.351; and h. driver inattention. Each of the above acts and/or omissions, singularly, or in combination with others, constitutes negligence and/or negligence per se, which proximately caused the occurrence made the basis of this action and the proximate cause of Plaintiff’s damages. VII. DAMAGES As a result of the above-referenced wrongful conduct of Defendant Phan, Plaintiff suffered serious injuries to various parts of her body. As a result of the injuries Plaintiff sustained, Plaintiff incurred reasonable and necessary doctors’ and medical expenses for her necessary medical care and attention in excess of the jurisdictional limits of this court. There is also a reasonable probability Plaintiff will incur additional expenses for necessary medical and related health care in the future in an amount unknown at this time. In addition, Plaintiff suffered severe physical and mental pain, suffering and anguish, and in all reasonable probability, will continue to suffer in this manner well into the future, if not for the balance of her life. As a proximate result of the negligence of Defendant Phan, Plaintiff suffered injuries to her body in general. Defendant Phan's negligence diminished Plaintiff’s ability to administer to her own needs. In all probability, Plaintiff’s ability to attend to customary household duties will PLAINTIFF’S FIRST AMENDED PETITION Page 4 of 7 continue to be so impaired well into the future, if not for the balance of her natural life. VIII. RULE 47 PLEADING Plaintiffs pleads, as she is required to under Rule 47(c)(1) of the Texas Rules of Civil Procedure, that they seek monetary relief monetary relief over $250,000 but not more than $1,000,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. IX. RULE 193.7 SELF-AUTHENTICATION Plaintiff hereby provides notice to Defendant that any documents produced in response to written discovery will be authenticated for use in any pre-trial proceeding or at trial. X. DESIGNATED E-SERVICE ADDRESS The under-signed attorney’s designated e-service address for all e-served documents and notices, filed and unfiled is: efile@chalakilaw.com. This is the under-signed attorney’s only e- service email address, and service through any other email address will be considered invalid. XI. PRAYER WHEREFORE, Plaintiff respectfully requests that Defendant Phan be cited to appear and answer, and that on final trial, Plaintiff be awarded judgment against Defendants for the following: a. Actual medical bills for Plaintiff’s damages, which are necessary and reasonable for these types of services; and for future medical attention, and full damages in a sum within the jurisdictional limits of this Court; b. Monetary damages for past and future physical pain and suffering and mental anguish found to be reasonable and just by the trier of fact; PLAINTIFF’S FIRST AMENDED PETITION Page 5 of 7 c. Physical impairment as determined by the trier of fact; d. Pre and post judgment interest at the maximum legal rate; e. Cost of Court; and f. Such other and further relief, at law or in equity, to which Plaintiffs will be justly entitled. Respectfully submitted, CHALAKI LAW, P.C. By: /s/ Yasamin Moussavi E-service: efile@chalakilaw.com Yasamin Moussavi Texas Bar No. 24128646 Shawn Hashemi Texas Bar No. 24090151 North Dallas Law Center 3234 Commander Drive, Suite 100 Carrollton, Texas 75006 Tel. (972) 793-8500 Fax. (800) 991-6288 ATTORNEYS FOR PLAINTIFF PLAINTIFF’S FIRST AMENDED PETITION Page 6 of 7 CERTIFICATE OF SERVICE I hereby certify that a true a correct copy of Plaintiff's First Amended Petition has been forwarded to all parties on this 5th day of February 2024, as indicated below: Kory Kingery R.E. Lopez & Associates, P.C. 550 E. 15th Street, Suite 200 Plano, Texas 75074 service@northtxlaw.com Attorney for Plaintiff Osvaldo Rodriguez John W. Breeze The LeCrone Law Firm, P.C. 123 North Crockett Street, Suite 200 Sherman, Texas 75090 eservice@lecronelaw.com Attorney for Defendant Amy Michelle Phan /s/ Yasamin Moussavi________ Yasamin Moussavi PLAINTIFF’S FIRST AMENDED PETITION Page 7 of 7 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. Envelope ID: 84128242 Filing Code Description: Amended Petition Filing Description: 1ST Status as of 2/5/2024 9:40 AM CST Associated Case Party: OSVALDO RODRIGUEZ Name BarNumber Email TimestampSubmitted Status KORY KINGERY SERVICE@NORTHTXLAW.COM 2/5/2024 9:19:20 AM SENT Associated Case Party: AMYMichellePHAN Name BarNumber Email TimestampSubmitted Status John W.Breeze eservice@lecronelaw.com 2/5/2024 9:19:20 AM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Ken Tapscott KTapscott@thompsoncoe.com 2/5/2024 9:19:20 AM SENT TC Records ezfile@thompsoncoe.com 2/5/2024 9:19:20 AM SENT Hector Sanchez hsanchez@thompsoncoe.com 2/5/2024 9:19:20 AM SENT Kira Powers kpowers@thompsoncoe.com 2/5/2024 9:19:20 AM SENT Shawn Hashemi efile@chalakilaw.com 2/5/2024 9:19:20 AM SENT John Couch john.couch@usaa.com 2/5/2024 9:19:20 AM SENT JOHN DAVIDCOUCH JOHN.COUCH@USAA.COM 2/5/2024 9:19:20 AM SENT Lisa Caldwell lisa.caldwell@usaa.com 2/5/2024 9:19:20 AM SENT