Preview
Electronically Filed
3/27/2024 11:08 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
CAUSE NO. C-1434-24-A
ABEL ZARATE § IN THE DISTRICT COURT OF
§
§
§
V. § HIDALGO COUNTY, TEXAS
§
§
EFRAIN RODRIGUEZ AND §
FILEGONIA MATERIALS LLC § JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, ABEL ZARATE, complaining of EFRAIN RODRIGUEZ AND
FILEGONIA MATERIALS LLC, and for such cause of action would show unto the Court the
following:
I. DISCOVERY CONTROL PLAN
1.0 Discovery should be conducted under a level 3 discovery control plan in accordance with
the TEXAS RULES OF CIVIL PROCEDURE, Rule 190.4.
II. PARTIES
2.0 Plaintiff resides in Starr County, Texas.
2.1 Defendant EFRAIN RODRIGUEZ is an individual who resides in Hidalgo County,
Texas, 3604 Laura, Mission, Texas 78572, or wherever he may be found.
2.2 Defendant FILEGONIA MATERIALS LLC may be served with process by serving its
Registered Agent Pedro Cepeda or any other designated agent or representative at 25130
Jesus Flores Rd, Monte Alto, Texas 78538.
III. JURISDICTION AND VENUE
3.0 Jurisdiction is appropriate in this Court in that this is a lawsuit seeking damages in excess
Electronically Filed
3/27/2024 11:08 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1434-24-A
of the minimum jurisdictional limits of the district courts of the State of Texas, and this
court has personal jurisdiction over Defendants. Plaintiff seeks damages in excess of the
minimum jurisdictional limits of this court.
3.1 Venue is proper in Hidalgo County, Texas because the collision made the basis of this
lawsuit occurred in said county and thus, all or a substantial part of the events or
omissions giving rise to the claim occurred in Hidalgo County, Texas. See TEXAS CIVIL
PRACTICE AND REMEDIES CODE § 15.002 (1).
IV. BACKGROUND FACTS
4.0 On or about June 8, 2023, Plaintiff was involved in a motor vehicle crash while lawfully
driving in a 2005 Freightliner, on Mile 4 Road on Texan Road, in Hidalgo County,
Texas. At the time of incident in question, Defendant EFRAIN RODRIGUEZ was
driving a Wheel Loader while in course and scope of employment for FILEGONIA
MATERIALS LLC when suddenly without warning when he failed to keep a proper
lookout and reversed into Plaintiff’s vehicle. As a result of the collision, Plaintiff suffered
property damage to his vehicle and personal injuries.
4.1 At all times relevant hereto, Plaintiff ABEL ZARATE operated his vehicle in a
reasonable and prudent manner. The collision and resulting injuries to Plaintiff was
directly caused as a result of the negligence of the Defendant.
4.2 Plaintiff’s injuries were proximately caused by EFRAIN RODRIGUEZ’s negligent,
careless and reckless disregard of said duty while operating a motor-driven vehicle in the
course and scope of his employment for the FILEGONIA MATERIALS LLC and in
furtherance of Defendant’s duties.
4.3 At such time Defendant employee, EFRAIN RODRIGUEZ, was working in the course
Electronically Filed
3/27/2024 11:08 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1434-24-A
and scope of his employment with FILEGONIA MATERIALS LLC.
V.NEGLIGENCE OF DEFENDANTS
5.0 At the time of the accident made the basis of this suit, Defendant, EFRAIN
RODRIGUEZ, was operating the aforementioned vehicle in a negligent and careless
manner in one or more of the following respects which may be shown at the trial of this
cause:
a. Driver inattention;
b. Failing to keep the vehicle under control;
c. Failing to take proper evasive action;
d. Failing to obtain or have the necessary knowledge, training and experience to
safely operate the vehicle;
e. Failing to maintain distance between vehicles, Texas Transportation Code
Section 545.101;
f. Failing to timely apply his brakes;
g. Failing to operate the vehicle in a reasonable and prudent manner;
h. Failing to keep a proper lookout as a person using ordinary care would have
done under the same or similar circumstances; and
i. Reckless driving.
5.1 Plaintiff alleges that the actions or inactions of Defendant RODRIGUEZ constituted
negligence and such negligence was a proximate cause of Plaintiff’s injuries as will be set
out below.
VI.
CLAIMS AGAINST FILEGONIA MATERIALS LLC BASED ON RESPONDEAT
SUPERIOR
Electronically Filed
3/27/2024 11:08 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1434-24-A
6.0 A the time of the occurrence of the act in question and immediately prior thereto,
EFRAIN RODRIGUEZ was within the course and scope of employment for Defendant,
FILEGONIA MATERIALS LLC.
6.1 A the time of the occurrence of the act in question and immediately prior thereto,
EFRAIN RODRIGUEZ was engaged in the furtherance of Defendant, FILEGONIA
MATERIALS LLC’s business.
6.2 A the time of the occurrence of the act in question and immediately prior thereto,
EFRAIN RODRIGUEZ was engaged in accomplishing a task for which EFRAIN
RODRIGUEZ was employed.
6.3 Plaintiff invokes the doctrine of Respondeat Superior as against Defendant,
FILEGONIA MATERIALS LLC
VII. DAMAGES
7.0 As a direct and proximate and producing result of the occurrence made the basis of this
lawsuit and the conduct of Defendants, Plaintiff was caused to suffer personal bodily
injuries. Plaintiff has experienced physical pain and mental anguish and will, in all
reasonably probability, continue to do so in the future by reason of the nature and severity
of their injuries.
7.1 As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff
has incurred and is seeking the following damages:
1. Reasonable expenses of necessary medical care incurred in the past;
2. Reasonable expenses of necessary medical care that, in reasonable
probability, Plaintiff will incur in the future;
3. Physical pain and mental anguish sustained in the past;
4. Physical pain and mental anguish that, in reasonable probability, Plaintiff will
Electronically Filed
3/27/2024 11:08 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1434-24-A
sustain in the future;
5. Physical impairment sustained in the past;
6. Physical impairment that, in reasonable probability, Plaintiff will sustain in the
future.
7. Property damage sustained;
8. Physical disfigurement sustained in the past; and
9. Physical disfigurement that, in reasonable probability, Plaintiff will sustain in
the future.
VIII. RANGE OF DAMAGES
8.0 By order of the Texas Supreme Court, the Court has modified TEXAS RULE OF CIVIL
PROCEDURE 47(c) and now requires Plaintiff to state a range of damages. Although some
believe such an act may invade the province of the jury, Plaintiff must comply with this
order. Ultimately, Plaintiff will ask a jury of his peers to assess a fair and reasonable
amount of money damages as compensation for his loss. However, by mandate of the
Texas Supreme Court and in accordance with the TEXAS RULES OF CIVIL PROCEDURE,
Plaintiff seeks monetary relief over $250,000.00 but less than $1,000,000.00. However,
Plaintiff reserves the right to either file a trial amendment or an amended pleading on this
issue should subsequent evidence show this figure to be either too high or too low.
IX. JURY DEMAND
9.0 Plaintiff demands a jury trial in accordance with Rule 216 of the Texas Rules of Civil
Procedure. Plaintiff tenders with the filing of Plaintiff’s Original Petition a jury fee to the
Hidalgo County District Clerk.
X. PRAYER
Electronically Filed
3/27/2024 11:08 AM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1434-24-A
10.0 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited
to appear and answer herein, that this cause be set down for trial before a jury, and that
Plaintiff recovers judgment of and from the Defendant for the following:
1. Judgment against Defendants for the actual and special damages suffered by
Plaintiff as a result of the Defendants conduct in excess of the minimum
jurisdictional limits of this court;
2. Costs of suit;
3. Pre-judgment and post-judgment interest at the highest legal rate as provided by
law; and
4. Such other and further relief, at law or in equity, to which Plaintiff may be justly
entitled.
Respectfully submitted,
NAVA LAW GROUP, P.C.
/s/ Richard J. Nava
RICHARD J. NAVA
4909 Bissonnet Street, Suite 100
Bellaire, Texas 77401
(713) 661-9900 Telephone
(713) 666-5922 Facsimile
*E-Service Email Only:
eserviceRJN@navalawgroup.com
ATTORNEY FOR PLAINTIFF
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.
Erin Cortez on behalf of Richard Nava
Bar No. 24083552
asst@rhhlawgroup.com
Envelope ID: 86012667
Filing Code Description: Petition
Filing Description:
Status as of 3/27/2024 11:25 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Erin Cortez paralegal@rhhlawgroup.com 3/27/2024 11:08:32 AM SENT
Richard Nava eservicerjn@navalawgroup.com 3/27/2024 11:08:32 AM SENT
Preview
Electronically Filed 3/27/2024 11:08 AM Hidalgo County District Clerks Reviewed By: Armando Cantu CAUSE NO. C-1434-24-A ABEL ZARATE § IN THE DISTRICT COURT OF § § § V. § HIDALGO COUNTY, TEXAS § § EFRAIN RODRIGUEZ AND § FILEGONIA MATERIALS LLC § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, ABEL ZARATE, complaining of EFRAIN RODRIGUEZ AND FILEGONIA MATERIALS LLC, and for such cause of action would show unto the Court the following: I. DISCOVERY CONTROL PLAN 1.0 Discovery should be conducted under a level 3 discovery control plan in accordance with the TEXAS RULES OF CIVIL PROCEDURE, Rule 190.4. II. PARTIES 2.0 Plaintiff resides in Starr County, Texas. 2.1 Defendant EFRAIN RODRIGUEZ is an individual who resides in Hidalgo County, Texas, 3604 Laura, Mission, Texas 78572, or wherever he may be found. 2.2 Defendant FILEGONIA MATERIALS LLC may be served with process by serving its Registered Agent Pedro Cepeda or any other designated agent or representative at 25130 Jesus Flores Rd, Monte Alto, Texas 78538. III. JURISDICTION AND VENUE 3.0 Jurisdiction is appropriate in this Court in that this is a lawsuit seeking damages in excess Electronically Filed 3/27/2024 11:08 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1434-24-A of the minimum jurisdictional limits of the district courts of the State of Texas, and this court has personal jurisdiction over Defendants. Plaintiff seeks damages in excess of the minimum jurisdictional limits of this court. 3.1 Venue is proper in Hidalgo County, Texas because the collision made the basis of this lawsuit occurred in said county and thus, all or a substantial part of the events or omissions giving rise to the claim occurred in Hidalgo County, Texas. See TEXAS CIVIL PRACTICE AND REMEDIES CODE § 15.002 (1). IV. BACKGROUND FACTS 4.0 On or about June 8, 2023, Plaintiff was involved in a motor vehicle crash while lawfully driving in a 2005 Freightliner, on Mile 4 Road on Texan Road, in Hidalgo County, Texas. At the time of incident in question, Defendant EFRAIN RODRIGUEZ was driving a Wheel Loader while in course and scope of employment for FILEGONIA MATERIALS LLC when suddenly without warning when he failed to keep a proper lookout and reversed into Plaintiff’s vehicle. As a result of the collision, Plaintiff suffered property damage to his vehicle and personal injuries. 4.1 At all times relevant hereto, Plaintiff ABEL ZARATE operated his vehicle in a reasonable and prudent manner. The collision and resulting injuries to Plaintiff was directly caused as a result of the negligence of the Defendant. 4.2 Plaintiff’s injuries were proximately caused by EFRAIN RODRIGUEZ’s negligent, careless and reckless disregard of said duty while operating a motor-driven vehicle in the course and scope of his employment for the FILEGONIA MATERIALS LLC and in furtherance of Defendant’s duties. 4.3 At such time Defendant employee, EFRAIN RODRIGUEZ, was working in the course Electronically Filed 3/27/2024 11:08 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1434-24-A and scope of his employment with FILEGONIA MATERIALS LLC. V.NEGLIGENCE OF DEFENDANTS 5.0 At the time of the accident made the basis of this suit, Defendant, EFRAIN RODRIGUEZ, was operating the aforementioned vehicle in a negligent and careless manner in one or more of the following respects which may be shown at the trial of this cause: a. Driver inattention; b. Failing to keep the vehicle under control; c. Failing to take proper evasive action; d. Failing to obtain or have the necessary knowledge, training and experience to safely operate the vehicle; e. Failing to maintain distance between vehicles, Texas Transportation Code Section 545.101; f. Failing to timely apply his brakes; g. Failing to operate the vehicle in a reasonable and prudent manner; h. Failing to keep a proper lookout as a person using ordinary care would have done under the same or similar circumstances; and i. Reckless driving. 5.1 Plaintiff alleges that the actions or inactions of Defendant RODRIGUEZ constituted negligence and such negligence was a proximate cause of Plaintiff’s injuries as will be set out below. VI. CLAIMS AGAINST FILEGONIA MATERIALS LLC BASED ON RESPONDEAT SUPERIOR Electronically Filed 3/27/2024 11:08 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1434-24-A 6.0 A the time of the occurrence of the act in question and immediately prior thereto, EFRAIN RODRIGUEZ was within the course and scope of employment for Defendant, FILEGONIA MATERIALS LLC. 6.1 A the time of the occurrence of the act in question and immediately prior thereto, EFRAIN RODRIGUEZ was engaged in the furtherance of Defendant, FILEGONIA MATERIALS LLC’s business. 6.2 A the time of the occurrence of the act in question and immediately prior thereto, EFRAIN RODRIGUEZ was engaged in accomplishing a task for which EFRAIN RODRIGUEZ was employed. 6.3 Plaintiff invokes the doctrine of Respondeat Superior as against Defendant, FILEGONIA MATERIALS LLC VII. DAMAGES 7.0 As a direct and proximate and producing result of the occurrence made the basis of this lawsuit and the conduct of Defendants, Plaintiff was caused to suffer personal bodily injuries. Plaintiff has experienced physical pain and mental anguish and will, in all reasonably probability, continue to do so in the future by reason of the nature and severity of their injuries. 7.1 As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff has incurred and is seeking the following damages: 1. Reasonable expenses of necessary medical care incurred in the past; 2. Reasonable expenses of necessary medical care that, in reasonable probability, Plaintiff will incur in the future; 3. Physical pain and mental anguish sustained in the past; 4. Physical pain and mental anguish that, in reasonable probability, Plaintiff will Electronically Filed 3/27/2024 11:08 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1434-24-A sustain in the future; 5. Physical impairment sustained in the past; 6. Physical impairment that, in reasonable probability, Plaintiff will sustain in the future. 7. Property damage sustained; 8. Physical disfigurement sustained in the past; and 9. Physical disfigurement that, in reasonable probability, Plaintiff will sustain in the future. VIII. RANGE OF DAMAGES 8.0 By order of the Texas Supreme Court, the Court has modified TEXAS RULE OF CIVIL PROCEDURE 47(c) and now requires Plaintiff to state a range of damages. Although some believe such an act may invade the province of the jury, Plaintiff must comply with this order. Ultimately, Plaintiff will ask a jury of his peers to assess a fair and reasonable amount of money damages as compensation for his loss. However, by mandate of the Texas Supreme Court and in accordance with the TEXAS RULES OF CIVIL PROCEDURE, Plaintiff seeks monetary relief over $250,000.00 but less than $1,000,000.00. However, Plaintiff reserves the right to either file a trial amendment or an amended pleading on this issue should subsequent evidence show this figure to be either too high or too low. IX. JURY DEMAND 9.0 Plaintiff demands a jury trial in accordance with Rule 216 of the Texas Rules of Civil Procedure. Plaintiff tenders with the filing of Plaintiff’s Original Petition a jury fee to the Hidalgo County District Clerk. X. PRAYER Electronically Filed 3/27/2024 11:08 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1434-24-A 10.0 WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited to appear and answer herein, that this cause be set down for trial before a jury, and that Plaintiff recovers judgment of and from the Defendant for the following: 1. Judgment against Defendants for the actual and special damages suffered by Plaintiff as a result of the Defendants conduct in excess of the minimum jurisdictional limits of this court; 2. Costs of suit; 3. Pre-judgment and post-judgment interest at the highest legal rate as provided by law; and 4. Such other and further relief, at law or in equity, to which Plaintiff may be justly entitled. Respectfully submitted, NAVA LAW GROUP, P.C. /s/ Richard J. Nava RICHARD J. NAVA 4909 Bissonnet Street, Suite 100 Bellaire, Texas 77401 (713) 661-9900 Telephone (713) 666-5922 Facsimile *E-Service Email Only: eserviceRJN@navalawgroup.com ATTORNEY FOR PLAINTIFF 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. Erin Cortez on behalf of Richard Nava Bar No. 24083552 asst@rhhlawgroup.com Envelope ID: 86012667 Filing Code Description: Petition Filing Description: Status as of 3/27/2024 11:25 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Erin Cortez paralegal@rhhlawgroup.com 3/27/2024 11:08:32 AM SENT Richard Nava eservicerjn@navalawgroup.com 3/27/2024 11:08:32 AM SENT