Preview
3/5/2024 12:56 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 85209230
2024-14267 / Court: 269 By: Taiasha Bradford
Filed: 3/5/2024 12:56 PM
CAUSE NO.
ABASSE DIARRASSOUBA AND ALIOU IN THE DISTRICT COURT OF
HAIDARA
Plaintiffs
HARRIS COUNTY, TEXAS
Vv.
AMMA FORDGOUR. ____ JUDICIAL DISTRICT
Defendant
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, ABASSE DIARRASSOUBA and ALIOU HAIDARA Plaintiffs, complaining
of AMMA FORDGOUR, Defendant, and files this Original Petition and for cause of action would
respectfully show the Court the following
I
DISCOVERY LEVEL
11 Plaintiffs intend to conduct discovery in this matter under Level 3 of Rule 190 of
the Texas Rules of Civil Procedure
IL.
PARTIES
2.1 Plaintiff, ABASSE DIARRASSOUBA is a resident of Harris County, Texas.
2.2 Plaintiff, ALIOU HAIDARA is a resident of Harris County, Texas.
2.3 Defendant, AMMA FORDGOUR, is an individual who is a resident of Harris
County, Texas and may be served with process at 3615 Cresswell Court, Missouri City,
Texas 7759 or wherever she may be found. A citation is requested at this time.
Til.
VENUE
2
3 1 Venue is proper and maintainable in Harris County, Texas, under the Texas Civil
Practice and Remedies Code as the defendant is a resident of Harris County, Texas.
Iv.
BACKGROUND FACTS
41 On or about September 27, 2022, Plaintiffs ABASSE DIARRASSOUBA AND
ALIOU HAIDARA were both in the vehicle when they were injured in Harris County, Texas.
Plaintiff ABASSE DIARRASSOUBA was the driver with Plaintiff ALIOU HAIDARA as their
passenger. Plaintiffs were traveling on Beechnut Street when suddenly and without warning,
Defendant AMMA FORDGOLUR failed to keep a proper lookout, failed to maintain an assured clear
distance, failed to control his speed, and collided with Plaintiff's vehicle. The collision caused the
Plaintiffs to sustain serious personal injuries and damages set forth below. On the occasion in
question, Defendant AMMA FORDGOLUR was negligent, and the negligence of Defendant AMMA
FORDGOUR was a proximate cause of Plaintiffs’ injuries and damages complained of in this suit
42 Nothing the Plaintiffs did, or failed to do, caused the occurrence in question. Rather,
the negligence of the Defendant named herein was a proximate cause of the occurrence in question
and Plaintiffs’ resulting injuries and damages.
V.
CAUSE OF ACTION: NEGLIGENCE OF AMMA FORDGOUR
5.1 Defendant AMMA FORDGOUR was negligent in one or more of the following
particulars, each of which acts and/or omissions, individually or collectively, constitute
negligence which was a proximate cause of the collision and the resulting injuries and damages
to Plaintiffs.
Plaintiff's Original Petition
a. Failing to maintain a proper lookout;
b. Failing to make proper application of the brakes of his vehicle;
c. Failing to make timely application of the brakes of his vehicle;
d. Failing to maintain an assured clear distance;
e. Failing to turn the vehicle to avoid a collision;
f. Operating a vehicle at a rate of speed in excess of that which it would have been
operated by a person of ordinary prudence in the exercise of ordinary care under the
same or similar circumstances;
g. Being inattentive and failing to maintain proper control of his vehicle;
h. Operating her vehicle in a reckless manner;
1 Other violations of the Texas Transportation Code.
5.2 The negligence of Defendant AMMA FORDGOUR was a proximate cause of the
collision and Plaintiffs’ resulting injuries and damages
VI.
CAUSE OF ACTION: NEGLIGENCE PER SE OF AMMA FORDGOUR
6.1 Defendant AMMA FORDGOUR’s acts and/or omissions also constitute negligence
per se as that term is defined under Texas law. Specifically, AMMA FORDGOUR’s acts
and/or omissions violated the following statutory duties
a. Duty to control speed as necessary to avoid colliding with another vehicle that
is on the highway. Tex. Trans. Code. § 545.351;
Duty to maintain an assured clear distance when following another vehicle. Tex.
Trans. Code § 545.062;
Duty to operate a vehicle at a speed that is reasonable and prudent under the
circumstances. Tex. Trans. Code § 545.351;
Plaintiff's Original Petition
Duty to not drive with willful or wanton disregard for the safety of persons or
property. Tex. Trans. Code. § 545.401; and
Other violations of the Texas Transportation Code and Federal Motor
Carrier Safety Regulations.
6.2 Plaintiffs are within the class of persons meant to be protected by these statutes,
specifically, travelers on the roadway. Defendant’s violations of these statutes were a proximate
cause of the collision and Plaintiffs’ injuries and damages.
VIL.
DAMAGES
7A The actions and conduct of the Defendant set forth above were a proximate cause
of Plaintiffs’ serious injuries.
72 As a direct, proximate, and foreseeable result of Defendant’s conduct, Plaintiff
ABASSE DIARRASSOUBA suffered injuries and damages including the following:
1) Past and future physical pain and suffering;
2) Past and future mental anguish;
3) Past and future impairment;
4) Past and future medical expenses;
5) Past and future lost wages; and
6) Past and future lost earning capacity.
73 As a direct, proximate, and foreseeable result of Defendant’s conduct, Plaintiff ALIOU
HAIDARA suffered injuries and damages including the following:
) Past and future physical pain and suffering;
2) Past and future mental anguish;
3) Past and future impairment;
4) Past and future medical expenses;
Plaintiff's Original Petition
5) Past and future lost wages; and
6) Past and future lost earning capacity
7.4 As discussed above, Plaintiffs have suffered not only easily quantifiable economic
damages but also other forms of damages such as mental anguish and pain and suffering and will
likely continue to suffer these damages in the future. Plaintiffs are required by law to state the
maximum amount of damages they are seeking, Plaintiffs believe that when the totality of their
damages are considered, along with the wrongful nature of Defendant’s conduct, it is possible that
a fact finder may ultimately decide that Plaintiffs’ damages exceed two hundred fifty thousand
dollars ($250,000) but it is unlikely that a fact finder would decide that Plaintiffs’ damages exceed
one million dollars ($1,000,000). Plaintiffs therefore sue for a sum in excess of two hundred fifty
thousand dollars but not to exceed one million dollars to be determined by the fact finder in its sole
discretion.
Vill.
PRE AND POST JUDGMENT INTEREST
8.1 Plaintiffs will additionally show that they are entitled to recover pre- and post-
judgment interest in accordance with law and equity as part of their damages herein, and Plaintiffs
here and now sue for recovery of pre- and post-judgment interest as provided by law and equity,
under the applicable provision of the laws of the State of Texas.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be cited to
appear and answer and that, upon final trial hereof, Plaintiffs have judgment against Defendant,
that they recover their damages in accordance with the evidence, that they recover costs of Court
herein expended, that they recover interest, both pre- and post-judgment, to which they are entitled
Plaintiff's Original Petition
under the law, and for such other and further relief, both general and special, legal and
equitable, to which they may be justly entitled.
Respectfully submitted,
MUKERJI LAW FIRM
/s/ Mark A, Guerra
Sam K. Mukerji
State Bar No.: 24053377
Winfield S. Williams
State Bar No.: 24090848
Mark A. Guerra
State Bar No.: 24099831
2405 Smith Street
Houston, TX 77006
Tel: (713) 222-1222
Fax: (713) 222-05 55
if T] Jaw.cont
ATTORNEYS FOR PLAINTIFFS
Plaintiff's Original Petition
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.
Julie Cantu on behalf of Mark Guerra
Bar No. 24099831
jcantu@mukerjilaw.com
Envelope ID: 85209230
Filing Code Description: Petition
Filing Description: Plaintiff's Original Petition
Status as of 3/5/2024 1:54 PM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
Sam Mukerji litigation@mukerjilaw.com | 3/5/2024 12:56:25 PM | SENT
Mark Guerra mguerra@mukerjilaw.com | 3/5/2024 12:56:25 PM | SENT
Preview
3/5/2024 12:56 PM Marilyn Burgess - District Clerk Harris County Envelope No. 85209230 2024-14267 / Court: 269 By: Taiasha Bradford Filed: 3/5/2024 12:56 PM CAUSE NO. ABASSE DIARRASSOUBA AND ALIOU IN THE DISTRICT COURT OF HAIDARA Plaintiffs HARRIS COUNTY, TEXAS Vv. AMMA FORDGOUR. ____ JUDICIAL DISTRICT Defendant PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, ABASSE DIARRASSOUBA and ALIOU HAIDARA Plaintiffs, complaining of AMMA FORDGOUR, Defendant, and files this Original Petition and for cause of action would respectfully show the Court the following I DISCOVERY LEVEL 11 Plaintiffs intend to conduct discovery in this matter under Level 3 of Rule 190 of the Texas Rules of Civil Procedure IL. PARTIES 2.1 Plaintiff, ABASSE DIARRASSOUBA is a resident of Harris County, Texas. 2.2 Plaintiff, ALIOU HAIDARA is a resident of Harris County, Texas. 2.3 Defendant, AMMA FORDGOUR, is an individual who is a resident of Harris County, Texas and may be served with process at 3615 Cresswell Court, Missouri City, Texas 7759 or wherever she may be found. A citation is requested at this time. Til. VENUE 2 3 1 Venue is proper and maintainable in Harris County, Texas, under the Texas Civil Practice and Remedies Code as the defendant is a resident of Harris County, Texas. Iv. BACKGROUND FACTS 41 On or about September 27, 2022, Plaintiffs ABASSE DIARRASSOUBA AND ALIOU HAIDARA were both in the vehicle when they were injured in Harris County, Texas. Plaintiff ABASSE DIARRASSOUBA was the driver with Plaintiff ALIOU HAIDARA as their passenger. Plaintiffs were traveling on Beechnut Street when suddenly and without warning, Defendant AMMA FORDGOLUR failed to keep a proper lookout, failed to maintain an assured clear distance, failed to control his speed, and collided with Plaintiff's vehicle. The collision caused the Plaintiffs to sustain serious personal injuries and damages set forth below. On the occasion in question, Defendant AMMA FORDGOLUR was negligent, and the negligence of Defendant AMMA FORDGOUR was a proximate cause of Plaintiffs’ injuries and damages complained of in this suit 42 Nothing the Plaintiffs did, or failed to do, caused the occurrence in question. Rather, the negligence of the Defendant named herein was a proximate cause of the occurrence in question and Plaintiffs’ resulting injuries and damages. V. CAUSE OF ACTION: NEGLIGENCE OF AMMA FORDGOUR 5.1 Defendant AMMA FORDGOUR was negligent in one or more of the following particulars, each of which acts and/or omissions, individually or collectively, constitute negligence which was a proximate cause of the collision and the resulting injuries and damages to Plaintiffs. Plaintiff's Original Petition a. Failing to maintain a proper lookout; b. Failing to make proper application of the brakes of his vehicle; c. Failing to make timely application of the brakes of his vehicle; d. Failing to maintain an assured clear distance; e. Failing to turn the vehicle to avoid a collision; f. Operating a vehicle at a rate of speed in excess of that which it would have been operated by a person of ordinary prudence in the exercise of ordinary care under the same or similar circumstances; g. Being inattentive and failing to maintain proper control of his vehicle; h. Operating her vehicle in a reckless manner; 1 Other violations of the Texas Transportation Code. 5.2 The negligence of Defendant AMMA FORDGOUR was a proximate cause of the collision and Plaintiffs’ resulting injuries and damages VI. CAUSE OF ACTION: NEGLIGENCE PER SE OF AMMA FORDGOUR 6.1 Defendant AMMA FORDGOUR’s acts and/or omissions also constitute negligence per se as that term is defined under Texas law. Specifically, AMMA FORDGOUR’s acts and/or omissions violated the following statutory duties a. Duty to control speed as necessary to avoid colliding with another vehicle that is on the highway. Tex. Trans. Code. § 545.351; Duty to maintain an assured clear distance when following another vehicle. Tex. Trans. Code § 545.062; Duty to operate a vehicle at a speed that is reasonable and prudent under the circumstances. Tex. Trans. Code § 545.351; Plaintiff's Original Petition Duty to not drive with willful or wanton disregard for the safety of persons or property. Tex. Trans. Code. § 545.401; and Other violations of the Texas Transportation Code and Federal Motor Carrier Safety Regulations. 6.2 Plaintiffs are within the class of persons meant to be protected by these statutes, specifically, travelers on the roadway. Defendant’s violations of these statutes were a proximate cause of the collision and Plaintiffs’ injuries and damages. VIL. DAMAGES 7A The actions and conduct of the Defendant set forth above were a proximate cause of Plaintiffs’ serious injuries. 72 As a direct, proximate, and foreseeable result of Defendant’s conduct, Plaintiff ABASSE DIARRASSOUBA suffered injuries and damages including the following: 1) Past and future physical pain and suffering; 2) Past and future mental anguish; 3) Past and future impairment; 4) Past and future medical expenses; 5) Past and future lost wages; and 6) Past and future lost earning capacity. 73 As a direct, proximate, and foreseeable result of Defendant’s conduct, Plaintiff ALIOU HAIDARA suffered injuries and damages including the following: ) Past and future physical pain and suffering; 2) Past and future mental anguish; 3) Past and future impairment; 4) Past and future medical expenses; Plaintiff's Original Petition 5) Past and future lost wages; and 6) Past and future lost earning capacity 7.4 As discussed above, Plaintiffs have suffered not only easily quantifiable economic damages but also other forms of damages such as mental anguish and pain and suffering and will likely continue to suffer these damages in the future. Plaintiffs are required by law to state the maximum amount of damages they are seeking, Plaintiffs believe that when the totality of their damages are considered, along with the wrongful nature of Defendant’s conduct, it is possible that a fact finder may ultimately decide that Plaintiffs’ damages exceed two hundred fifty thousand dollars ($250,000) but it is unlikely that a fact finder would decide that Plaintiffs’ damages exceed one million dollars ($1,000,000). Plaintiffs therefore sue for a sum in excess of two hundred fifty thousand dollars but not to exceed one million dollars to be determined by the fact finder in its sole discretion. Vill. PRE AND POST JUDGMENT INTEREST 8.1 Plaintiffs will additionally show that they are entitled to recover pre- and post- judgment interest in accordance with law and equity as part of their damages herein, and Plaintiffs here and now sue for recovery of pre- and post-judgment interest as provided by law and equity, under the applicable provision of the laws of the State of Texas. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be cited to appear and answer and that, upon final trial hereof, Plaintiffs have judgment against Defendant, that they recover their damages in accordance with the evidence, that they recover costs of Court herein expended, that they recover interest, both pre- and post-judgment, to which they are entitled Plaintiff's Original Petition under the law, and for such other and further relief, both general and special, legal and equitable, to which they may be justly entitled. Respectfully submitted, MUKERJI LAW FIRM /s/ Mark A, Guerra Sam K. Mukerji State Bar No.: 24053377 Winfield S. Williams State Bar No.: 24090848 Mark A. Guerra State Bar No.: 24099831 2405 Smith Street Houston, TX 77006 Tel: (713) 222-1222 Fax: (713) 222-05 55 if T] Jaw.cont ATTORNEYS FOR PLAINTIFFS Plaintiff's Original Petition 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. Julie Cantu on behalf of Mark Guerra Bar No. 24099831 jcantu@mukerjilaw.com Envelope ID: 85209230 Filing Code Description: Petition Filing Description: Plaintiff's Original Petition Status as of 3/5/2024 1:54 PM CST Case Contacts Name BarNumber | Email TimestampSubmitted | Status Sam Mukerji litigation@mukerjilaw.com | 3/5/2024 12:56:25 PM | SENT Mark Guerra mguerra@mukerjilaw.com | 3/5/2024 12:56:25 PM | SENT