Preview
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
CAUSE NO. ___________
JEREMIAH RUIZ § IN THE COUNTY COURT
Plaintiff §
§
v. § AT LAW NUMBER _____
§
BLUEWAVE EXPRESS, LLC §
Defendant § HIDALGO COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES JEREMIAH RUIZ (hereafter referred to as “Plaintiff”) in the above-styled
and numbered cause complaining of BLUEWAVE EXPRESS, LLC (hereafter referred to as
“Defendant”) and files this Plaintiff’s Original Petition. In support thereof, Plaintiff respectfully
shows the Court and Jury as follows:
I. DISCOVERY CONTROL PLAN LEVEL
1.01 Plaintiff intends that discovery be conducted under Level 3 as set forth in Rule
190.4 of the Texas Rules of Civil Procedure.
II. CLAIM FOR RELIEF
2.01 Pursuant to Rule 47 of the Texas Rules of Civil Procedures, Plaintiff is seeking
monetary relief of not more than $74,999.00.
Plaintiff’s Original Petition 1
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
III. PARTIES AND SERVICE
3.01 Plaintiff JEREMIAH RUIZ is an individual who resides in Hidalgo County, Texas.
3.02 Defendant BLUEWAVE EXPRESS, LLC is a corporation authorized to engage in
business in the State of Texas, operates a shopping business throughout the State of Texas,
including, but not limited to Hidalgo County, Texas, and may be served with process by serving
its registered agent: Gregory W. Monroe at 1612 Summit Avenue, Suite 100, Fort Worth, Texas,
76102, or wherever he may be found. CITATION IS REQUESTED.
IV. JURISDICTION AND VENUE
4.01 This Court has jurisdiction over the subject matter of this case because the amount
in controversy is within this Court’s jurisdictional requirements.
4.02 This Court has personal jurisdiction over Defendant because at the time of the
events and conditions giving rise to this lawsuit and/or at the time this lawsuit was filed Defendant
was a resident of Texas and/or was organized under the laws of Texas and/or maintained a
certificate of authority from the Texas Secretary of State to conduct business in Texas and/or
maintained a principal place of business in Texas and/or maintained a registered agent in Texas
and/or was doing business in Texas and/or solicited business in Texas from Texas residents and/or
marketed and advertised in Texas to Texas residents and/or contracted in Texas with Texas
residents and/or committed torts in whole or in part in Texas and/or recruited Texas residents for
employment and/or maintained continuous and systematic contacts with Texas and/or is generally
present in Texas and/or otherwise has the requisite minimum contacts with Texas, have
purposefully availed itself of the privileges and protections of Texas law, and could reasonably
expect to be sued in Texas.
Plaintiff’s Original Petition 2
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
4.03 Venue is proper in Hidalgo County, Texas, pursuant to Texas Civil Practice and
Remedies Code because all or a substantial part of the events or omissions giving rise to Plaintiff’s
claims occurred in Pharr, Hidalgo County, Texas.
V. BACKGROUND FACTS
5.01 On or about April 19, 2023, at the invitation of Defendant, Plaintiff entered upon
Defendant’s premises, “BlueWave Express Car Wash”, located at 1115 South Jackson Road,
Pharr, Hidalgo County, Texas, 78577, as an invitee to engage in the act of purchasing goods, foods,
and/or services.
5.02 As Plaintiff’s vehicle was being pushed through Defendant’s premises, Plaintiff’s
vehicle was damaged by Defendant’s faulty machinery, a dangerous condition. No warning signs
were present. As a result of the incident, Plaintiff sustained bodily injuries.
5.03 While Plaintiff was conducting business on Defendant’s premises, Plaintiff and his
property were injured and/or damaged because of a dangerous condition on Defendant’s premises.
The condition that posed an unreasonable risk of harm to Plaintiff was the result of the actions,
behavior, conduct, and/or inactions on the part of Defendant’s agents, employees, representatives,
and/or servants, while in the course and scope of their respective employment and/or official duties
with Defendant. These actions and/or inaction by Defendant amounted to negligence.
5.04 Nothing Plaintiff did or did not do contributed in any way to the incident.
Plaintiff’s Original Petition 3
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
VI. PLAINTIFF’S FIRST CAUSE OF ACTION: NEGLIGENCE
6.01 Plaintiff hereby incorporates the allegations contained in paragraphs set forth above
as if fully set forth herein.
6.02 Defendant’s acts and omissions outlined herein constitute negligence.
6.03 Defendant owed a common law duty to exercise ordinary care in the operation of
its business so as not to endanger the safety of others such as Plaintiff. Ordinary care is that degree
of care that would have been used by a person of ordinary prudence under the same or similar
circumstances.
6.04 Defendant by and through its agents and employees breached that duty by one or
more of the following acts and omissions:
A. Failing to maintain its grounds and/or premises in a reasonably safe condition;
B. Failing to give adequate and obvious warnings to Plaintiff of the unsafe condition
in the business premises;
C. Failing to discover dangerous conditions within a reasonable time prior to
subjecting Plaintiff and other persons to enter the business premises or area;
D. Failing to inspect for any unreasonably dangerous conditions within a reasonable
time prior to subjecting Plaintiff and other persons to enter the business premises
or area;
E. Failing to remove the unreasonably dangerous conditions prior to Plaintiff and other
customers entering the business premises: and,
F. Failing to provide sufficient and adequately trained personnel to inspect, find, and
remove, unreasonably dangerous conditions, prior to subjecting Plaintiff and other
persons to enter the business premises or area.
6.05 As a direct and proximate cause of Defendant’s negligent acts or omissions,
Plaintiff has suffered damages as described hereafter.
Plaintiff’s Original Petition 4
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
VII. PLAINTIFF’S SECOND CAUSE OF ACTION: PREMISES LIABILITY
7.01 Plaintiff hereby incorporates the allegations contained above as if fully set forth
herein.
7.02 At all material times, Defendant owned, possessed, operated and/or maintained the
business premises “BlueWave Express Car Wash” located at 1115 South Jackson Road, Pharr,
Hidalgo County, Texas, 78577. Furthermore, Defendant owed certain duties of care to Plaintiff
and other business invitees.
7.03 Defendant breached its duty owed to Plaintiff and other invitees to exercise
ordinary care by failing to inspect the premises for any dangerous conditions and adequately warn
Plaintiff of the aforementioned dangerous condition at its “BlueWave Express Car Wash” premises
located at 1115 South Jackson Road, Pharr, Hidalgo County, Texas, 78577.
7.04 Defendant and/or its agents, and/or its servants, and/or its employees knew or
should have known of any dangerous condition that created an unreasonable risk of harm to
Plaintiff and other business invitees.
7.05 Despite such knowledge, Defendant and/or its agents, and/or servants, and/or
employees negligently failed to warn Plaintiff of the dangerous condition at the premises or to
otherwise make the premises safe. This condition existed even though Defendant or Defendant’s
agents, and/or servants, and/ or employees knew or should have known of the existence and that
there was likelihood of a person being injured.
7.06 At all material times, Defendant and its agents, employees, representatives, and/or
servants, who were acting within the course and scope of their respective employment, breached
its duty in each of the following respects:
A. Failing to maintain Defendant’s grounds and/or premises in a reasonably safe
condition;
Plaintiff’s Original Petition 5
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
B. Failing to give adequate and obvious warnings to Plaintiff of the unsafe condition
of the business premises;
C. Failing to discover the dangerous condition within a reasonable time prior to
subjecting Plaintiff and other persons to enter the business premises or area;
D. Failing to inspect for any unreasonably dangerous conditions within a reasonable
time prior to subjecting Plaintiff and other persons to enter the business premises
or area; and
E. Failing to remove the dangerous condition for Plaintiff and other invitees entering
the business premises.
7.07 At all material times, Plaintiff was an invitee on the premises at the time of his
injuries and other damages. At the time of Plaintiff’s injuries (1) the dangerous condition on the
premises created an unreasonable risk of harm to Plaintiff; (2) Defendant through its employees
and/or agents knew or reasonably should have known of the dangerous condition; (3) Defendant
through its employees and/or agents failed to exercise ordinary care to protect the invitee from
danger; and (4) Defendant’s, through its employees and/or agents, failure was a proximate cause
of the injuries to the invitee.
7.08 At all material times, all the agents, employees, representatives, and/or servants, of
Defendant who were connected with the incident, were acting within the course and scope of their
respective employment or official duties and in furtherance of the duties of their office or
employment. Therefore, Defendant is further liable for the negligent acts and omissions of its
respective agents, employees, representatives, and/or servants under the doctrine of respondeat
superior.
7.09 Defendant’s breach proximately caused Plaintiff’s injuries and damages as set forth
below.
Plaintiff’s Original Petition 6
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
VIII. INJURIES AND/OR DAMAGES SUSTAINED BY PLAINTIFF
8.01 As a direct and proximate cause of the incident, Plaintiff has incurred customary
medical and doctor expenses in the past and will, in reasonable probability, continue to suffer as a
result from Plaintiff’s injuries.
8.02 By reason of the foregoing injuries and damages, Plaintiff seeks damages for the
elements of damages listed below:
a. Reasonable medical and healthcare expenses for necessary medical and healthcare
treatment in the past;
b. Reasonable medical and healthcare expenses for necessary medical and healthcare
treatment in the future;
c. Pain and suffering in the past;
d. Pain and suffering in the future;
e. Mental anguish in the past;
f. Mental anguish in the future;
g. Physical disfigurement in the past; and
h. Physical disfigurement in the future.
IX. EXEMPLARY DAMAGES/GROSS NEGLIGENCE
9.01 Defendant’s acts or omissions by and through its respective agents, employees,
representatives, and/or servants, when viewed from the standpoint of Defendant at the time of the
act or omission, involved an extreme degree of risk considering the probability and magnitude of
the potential harm to Plaintiff and others. Defendant had actual subjective awareness of the risk
involved in the above-described acts or omissions but nevertheless proceeded with conscious
indifference to the rights, safety, or welfare of others.
Plaintiff’s Original Petition 7
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
9.02 Based on the facts stated herein, Plaintiff requests exemplary damages be awarded
to Plaintiff from Defendant.
X. JURY DEMAND
10.01 Plaintiff hereby demands a TRIAL BY JURY in this cause.
XI. MISNOMER/ALTER EGO
11.01 In the event any parties are misnamed or are not included herein, it is Plaintiff’s
contention that such was a “misidentification” or “misnomer” and/or such parties are/were “alter
egos” of parties named herein. Alternatively, Plaintiff contends that such “corporate veils” should
be pierced to hold such parties properly included in the interest of justice.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant
be cited to appear and answer herein and that a Trial by Jury (On the Merits) be scheduled and at
the conclusion of said Trial judgment be entered in favor of Plaintiff and against Defendant for
damages in an amount within the jurisdictional limits of the Court (in compliance with the
monetary relief sought by Plaintiff); exemplary damages, excluding interest, and as allowed by
Section 41.008, Chapter 41 of the Texas Civil Practice and Remedies Code; together with pre-
judgment interest (180 days after Defendant receives written notice of Plaintiff’s claims or from
the date of the filing of this petition whichever is earlier, through to the date immediately preceding
the date of the rendition of judgment in this cause) at the maximum rate allowed by law; post-
judgment interest at the legal rate; costs of court; and such other and further relief to which Plaintiff
may be entitled at law or in equity.
Plaintiff’s Original Petition 8
Electronically Submitted
3/27/2024 2:24 PM
Hidalgo County Clerk
Accepted by: Nancy Flores
CL-24-1376-E
Respectfully submitted,
TIJERINA LEGAL GROUP, P.C.
1200 S. 2nd St., Suite 4A
McAllen, Texas 78501
Telephone No. (956) 777-7000
Facsimile No. (956) 972-0144
E-Mail: TijerinaLit@tlegalgroup.com
BY:
HUMBERTO TIJERINA, III
State Bar No. 24028040
CESAR PALMA
State Bar No. 24094884
DEREK I. SALINAS
State Bar No. 24093098
GERARDO L. GARCIA, JR.
State Bar No. 24123059
JAMES O. ALANIZ
State Bar No. 24118602
WILLIAM S. LEGGETT
State Bar No. 24107597
ATTORNEYS FOR PLAINTIFF
Plaintiff’s Original Petition 9
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.
Humberto Tijerina on behalf of Derek Salinas
Bar No. 24093098
TijerinaLit@tlegalgroup.com
Envelope ID: 86028172
Filing Code Description: Petition
Filing Description: Plaintiff's Original Petition
Status as of 3/27/2024 2:43 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Derek IvanSalinas TijerinaLit@tlegalgroup.com 3/27/2024 2:24:22 PM SENT
Preview
Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E CAUSE NO. ___________ JEREMIAH RUIZ § IN THE COUNTY COURT Plaintiff § § v. § AT LAW NUMBER _____ § BLUEWAVE EXPRESS, LLC § Defendant § HIDALGO COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES JEREMIAH RUIZ (hereafter referred to as “Plaintiff”) in the above-styled and numbered cause complaining of BLUEWAVE EXPRESS, LLC (hereafter referred to as “Defendant”) and files this Plaintiff’s Original Petition. In support thereof, Plaintiff respectfully shows the Court and Jury as follows: I. DISCOVERY CONTROL PLAN LEVEL 1.01 Plaintiff intends that discovery be conducted under Level 3 as set forth in Rule 190.4 of the Texas Rules of Civil Procedure. II. CLAIM FOR RELIEF 2.01 Pursuant to Rule 47 of the Texas Rules of Civil Procedures, Plaintiff is seeking monetary relief of not more than $74,999.00. Plaintiff’s Original Petition 1 Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E III. PARTIES AND SERVICE 3.01 Plaintiff JEREMIAH RUIZ is an individual who resides in Hidalgo County, Texas. 3.02 Defendant BLUEWAVE EXPRESS, LLC is a corporation authorized to engage in business in the State of Texas, operates a shopping business throughout the State of Texas, including, but not limited to Hidalgo County, Texas, and may be served with process by serving its registered agent: Gregory W. Monroe at 1612 Summit Avenue, Suite 100, Fort Worth, Texas, 76102, or wherever he may be found. CITATION IS REQUESTED. IV. JURISDICTION AND VENUE 4.01 This Court has jurisdiction over the subject matter of this case because the amount in controversy is within this Court’s jurisdictional requirements. 4.02 This Court has personal jurisdiction over Defendant because at the time of the events and conditions giving rise to this lawsuit and/or at the time this lawsuit was filed Defendant was a resident of Texas and/or was organized under the laws of Texas and/or maintained a certificate of authority from the Texas Secretary of State to conduct business in Texas and/or maintained a principal place of business in Texas and/or maintained a registered agent in Texas and/or was doing business in Texas and/or solicited business in Texas from Texas residents and/or marketed and advertised in Texas to Texas residents and/or contracted in Texas with Texas residents and/or committed torts in whole or in part in Texas and/or recruited Texas residents for employment and/or maintained continuous and systematic contacts with Texas and/or is generally present in Texas and/or otherwise has the requisite minimum contacts with Texas, have purposefully availed itself of the privileges and protections of Texas law, and could reasonably expect to be sued in Texas. Plaintiff’s Original Petition 2 Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E 4.03 Venue is proper in Hidalgo County, Texas, pursuant to Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions giving rise to Plaintiff’s claims occurred in Pharr, Hidalgo County, Texas. V. BACKGROUND FACTS 5.01 On or about April 19, 2023, at the invitation of Defendant, Plaintiff entered upon Defendant’s premises, “BlueWave Express Car Wash”, located at 1115 South Jackson Road, Pharr, Hidalgo County, Texas, 78577, as an invitee to engage in the act of purchasing goods, foods, and/or services. 5.02 As Plaintiff’s vehicle was being pushed through Defendant’s premises, Plaintiff’s vehicle was damaged by Defendant’s faulty machinery, a dangerous condition. No warning signs were present. As a result of the incident, Plaintiff sustained bodily injuries. 5.03 While Plaintiff was conducting business on Defendant’s premises, Plaintiff and his property were injured and/or damaged because of a dangerous condition on Defendant’s premises. The condition that posed an unreasonable risk of harm to Plaintiff was the result of the actions, behavior, conduct, and/or inactions on the part of Defendant’s agents, employees, representatives, and/or servants, while in the course and scope of their respective employment and/or official duties with Defendant. These actions and/or inaction by Defendant amounted to negligence. 5.04 Nothing Plaintiff did or did not do contributed in any way to the incident. Plaintiff’s Original Petition 3 Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E VI. PLAINTIFF’S FIRST CAUSE OF ACTION: NEGLIGENCE 6.01 Plaintiff hereby incorporates the allegations contained in paragraphs set forth above as if fully set forth herein. 6.02 Defendant’s acts and omissions outlined herein constitute negligence. 6.03 Defendant owed a common law duty to exercise ordinary care in the operation of its business so as not to endanger the safety of others such as Plaintiff. Ordinary care is that degree of care that would have been used by a person of ordinary prudence under the same or similar circumstances. 6.04 Defendant by and through its agents and employees breached that duty by one or more of the following acts and omissions: A. Failing to maintain its grounds and/or premises in a reasonably safe condition; B. Failing to give adequate and obvious warnings to Plaintiff of the unsafe condition in the business premises; C. Failing to discover dangerous conditions within a reasonable time prior to subjecting Plaintiff and other persons to enter the business premises or area; D. Failing to inspect for any unreasonably dangerous conditions within a reasonable time prior to subjecting Plaintiff and other persons to enter the business premises or area; E. Failing to remove the unreasonably dangerous conditions prior to Plaintiff and other customers entering the business premises: and, F. Failing to provide sufficient and adequately trained personnel to inspect, find, and remove, unreasonably dangerous conditions, prior to subjecting Plaintiff and other persons to enter the business premises or area. 6.05 As a direct and proximate cause of Defendant’s negligent acts or omissions, Plaintiff has suffered damages as described hereafter. Plaintiff’s Original Petition 4 Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E VII. PLAINTIFF’S SECOND CAUSE OF ACTION: PREMISES LIABILITY 7.01 Plaintiff hereby incorporates the allegations contained above as if fully set forth herein. 7.02 At all material times, Defendant owned, possessed, operated and/or maintained the business premises “BlueWave Express Car Wash” located at 1115 South Jackson Road, Pharr, Hidalgo County, Texas, 78577. Furthermore, Defendant owed certain duties of care to Plaintiff and other business invitees. 7.03 Defendant breached its duty owed to Plaintiff and other invitees to exercise ordinary care by failing to inspect the premises for any dangerous conditions and adequately warn Plaintiff of the aforementioned dangerous condition at its “BlueWave Express Car Wash” premises located at 1115 South Jackson Road, Pharr, Hidalgo County, Texas, 78577. 7.04 Defendant and/or its agents, and/or its servants, and/or its employees knew or should have known of any dangerous condition that created an unreasonable risk of harm to Plaintiff and other business invitees. 7.05 Despite such knowledge, Defendant and/or its agents, and/or servants, and/or employees negligently failed to warn Plaintiff of the dangerous condition at the premises or to otherwise make the premises safe. This condition existed even though Defendant or Defendant’s agents, and/or servants, and/ or employees knew or should have known of the existence and that there was likelihood of a person being injured. 7.06 At all material times, Defendant and its agents, employees, representatives, and/or servants, who were acting within the course and scope of their respective employment, breached its duty in each of the following respects: A. Failing to maintain Defendant’s grounds and/or premises in a reasonably safe condition; Plaintiff’s Original Petition 5 Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E B. Failing to give adequate and obvious warnings to Plaintiff of the unsafe condition of the business premises; C. Failing to discover the dangerous condition within a reasonable time prior to subjecting Plaintiff and other persons to enter the business premises or area; D. Failing to inspect for any unreasonably dangerous conditions within a reasonable time prior to subjecting Plaintiff and other persons to enter the business premises or area; and E. Failing to remove the dangerous condition for Plaintiff and other invitees entering the business premises. 7.07 At all material times, Plaintiff was an invitee on the premises at the time of his injuries and other damages. At the time of Plaintiff’s injuries (1) the dangerous condition on the premises created an unreasonable risk of harm to Plaintiff; (2) Defendant through its employees and/or agents knew or reasonably should have known of the dangerous condition; (3) Defendant through its employees and/or agents failed to exercise ordinary care to protect the invitee from danger; and (4) Defendant’s, through its employees and/or agents, failure was a proximate cause of the injuries to the invitee. 7.08 At all material times, all the agents, employees, representatives, and/or servants, of Defendant who were connected with the incident, were acting within the course and scope of their respective employment or official duties and in furtherance of the duties of their office or employment. Therefore, Defendant is further liable for the negligent acts and omissions of its respective agents, employees, representatives, and/or servants under the doctrine of respondeat superior. 7.09 Defendant’s breach proximately caused Plaintiff’s injuries and damages as set forth below. Plaintiff’s Original Petition 6 Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E VIII. INJURIES AND/OR DAMAGES SUSTAINED BY PLAINTIFF 8.01 As a direct and proximate cause of the incident, Plaintiff has incurred customary medical and doctor expenses in the past and will, in reasonable probability, continue to suffer as a result from Plaintiff’s injuries. 8.02 By reason of the foregoing injuries and damages, Plaintiff seeks damages for the elements of damages listed below: a. Reasonable medical and healthcare expenses for necessary medical and healthcare treatment in the past; b. Reasonable medical and healthcare expenses for necessary medical and healthcare treatment in the future; c. Pain and suffering in the past; d. Pain and suffering in the future; e. Mental anguish in the past; f. Mental anguish in the future; g. Physical disfigurement in the past; and h. Physical disfigurement in the future. IX. EXEMPLARY DAMAGES/GROSS NEGLIGENCE 9.01 Defendant’s acts or omissions by and through its respective agents, employees, representatives, and/or servants, when viewed from the standpoint of Defendant at the time of the act or omission, involved an extreme degree of risk considering the probability and magnitude of the potential harm to Plaintiff and others. Defendant had actual subjective awareness of the risk involved in the above-described acts or omissions but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of others. Plaintiff’s Original Petition 7 Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E 9.02 Based on the facts stated herein, Plaintiff requests exemplary damages be awarded to Plaintiff from Defendant. X. JURY DEMAND 10.01 Plaintiff hereby demands a TRIAL BY JURY in this cause. XI. MISNOMER/ALTER EGO 11.01 In the event any parties are misnamed or are not included herein, it is Plaintiff’s contention that such was a “misidentification” or “misnomer” and/or such parties are/were “alter egos” of parties named herein. Alternatively, Plaintiff contends that such “corporate veils” should be pierced to hold such parties properly included in the interest of justice. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant be cited to appear and answer herein and that a Trial by Jury (On the Merits) be scheduled and at the conclusion of said Trial judgment be entered in favor of Plaintiff and against Defendant for damages in an amount within the jurisdictional limits of the Court (in compliance with the monetary relief sought by Plaintiff); exemplary damages, excluding interest, and as allowed by Section 41.008, Chapter 41 of the Texas Civil Practice and Remedies Code; together with pre- judgment interest (180 days after Defendant receives written notice of Plaintiff’s claims or from the date of the filing of this petition whichever is earlier, through to the date immediately preceding the date of the rendition of judgment in this cause) at the maximum rate allowed by law; post- judgment interest at the legal rate; costs of court; and such other and further relief to which Plaintiff may be entitled at law or in equity. Plaintiff’s Original Petition 8 Electronically Submitted 3/27/2024 2:24 PM Hidalgo County Clerk Accepted by: Nancy Flores CL-24-1376-E Respectfully submitted, TIJERINA LEGAL GROUP, P.C. 1200 S. 2nd St., Suite 4A McAllen, Texas 78501 Telephone No. (956) 777-7000 Facsimile No. (956) 972-0144 E-Mail: TijerinaLit@tlegalgroup.com BY: HUMBERTO TIJERINA, III State Bar No. 24028040 CESAR PALMA State Bar No. 24094884 DEREK I. SALINAS State Bar No. 24093098 GERARDO L. GARCIA, JR. State Bar No. 24123059 JAMES O. ALANIZ State Bar No. 24118602 WILLIAM S. LEGGETT State Bar No. 24107597 ATTORNEYS FOR PLAINTIFF Plaintiff’s Original Petition 9 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. Humberto Tijerina on behalf of Derek Salinas Bar No. 24093098 TijerinaLit@tlegalgroup.com Envelope ID: 86028172 Filing Code Description: Petition Filing Description: Plaintiff's Original Petition Status as of 3/27/2024 2:43 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Derek IvanSalinas TijerinaLit@tlegalgroup.com 3/27/2024 2:24:22 PM SENT