Preview
4/8/2024 8:34 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 86385115
2024-21902 / Court: 133 By: Christopher Matthews
Filed: 4/8/2024 8:34 AM
CAUSE NO.
CINDY ESQUIVO IN THE DISTRICT COURT OF
VS. HARRIS COUNTY, TEXAS
MARK ANTHONY GARCIA JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
COMES NOW, CINDY ESQUIVO, Plaintiff, by and through undersigned counsel,
complaining of MARK ANTHONY GARCIA, Defendant, and for cause of action would
respectfully show the Court as follows:
I
DISCOVERY CONTROL PLAN
Plaintiff intends discovery to be conducted under Level 3 of Rule 190.4 of the Texas Rules of
Civil Procedure
I
PARTIES
2. Plaintiff is an individual and residents of Texas.
3 Defendant Mark Anthony Garcia (“Defendant Garcia”) is an individual and resident of Texas
who can be served with citation at his address of 301 Charter St., Columbus, TX 78934 or wherever
he may be found. Citation is requested at this time.
4 Misnomer Clause: This lawsuit acknowledges the possibility of a misnomer regarding the
Defendant’s named herein. Should it come to light that the Defendant identified as “Mark Anthony
Garcia” or any other party named in this complaint is incorrect due to a misidentification, mistaken
identity, or any clerical or typographical error, such misnomer shall not serve as a basis for dismissal
or preclude the amendment of this complaint to reflect the correct identity of the intended party or
Plaintiff's Original Petition Page 1 of 7
parties. It is our intention to seek justice against the party or parties responsible for the plaintiffs
claims, and this misnomer clause is included to ensure that procedural technicalities do not impede
the pursuit of relief for the aggrieved party. We reserve the right to amend this complaint to correct
the name(s) of the defendant(s) as necessary, upon discovery of the actual identity of the party or
parties liable to the plaintiff, in accordance with the applicable rules and statutes governing such
amendments.
Til.
JURISDICTION AND VENUE
5 The Court has jurisdiction over the subject matterin controversy becausethe damages sought by
Plaintiff
are within the jurisdictional limits of this Court
6. Venue is proper in Harris County, Texas, since all of or a substantial part of the events or
omissions giving rise to the claim occurred in said county.
7 Nothing Plaintiff did or did not do caused or contributed to this occurrence.
Iv.
STATEMENT OF MONETARY RELIEF
8 The amount of damages sought by Plaintiff are in excess of the jurisdictional minimums of
the Court. Many elements of damages, including pain, suffering, mental anguish in the past and future,
past and future physical impairment, cannot be determined with mathematical precision.
Furthermore, the determination of many of these elements of damages is uniquely within the province
of the jury. Plaintiff does not at this time seek any certain amount of damages for any of these
particular elements of damages but would instead rely upon the collective wisdom of the jury to
determine an amount that would fairly compensate Plaintiff. To comply with the pleading requirements
of Texas R. Civ. P. 47(c)(3), however, Plaintiff seeks monetary relief over $250,000.00 but not more
than $1,000,000.00 and a demand for judgment for all other relief to which Plaintiff deem themselves
Plaintiff's Original Petition Page 2 of 7
entitled.
9 The stated amount in controversy does not include interest, statutory or punitive damages and
penalties, and attorney’s fees or costs.
Vv.
FACTS
10. On April 11, 2022, Defendant Garcia suddenly and without warning, darted out of a private
driveway at 1700 Brittmoore Rd. in Houston, Texas and into oncoming traffic. Defendant Garcia
pulled out in front of the vehicle in which Ms. Esquivo was the front passenger. The officer’s diagram
and narrative details the crash below
ay
v L
SSme
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ee
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Plaintiff's Original Petition Page 3 of 7
investigator's Narrative Opinion of What Happened
{Attach Additional Sheats if Necessary)
LANE 2 WAS TRAVELING NB AT 1700 BRITINOORE RD.UNIT
#1 WAS LEAVING A PRIVATE PARKING LOT TO TURW ONTO 170
IBRITTMOORE RD.UNIT #1 Li-LFQ-3 STRUCK UNIT #2 1-PR-3
FAIL TO XIELO ROW LEAVING PRIVATE DRIVE. UNIT #1 WAS
IAT FAULT. { {investigator's Assignment: Northwest}}
ey
A
11 Based on his investigation, the Houston Police Department investigating officer contributed
the crash solely to Defendant Garcia’s failure to yield right of way from a private drive:
é Contrib ing Factors (investigator Opinion}
Bz Unt # Contibuting May Have Contih.
#9O
34
So ws
wo
KK
\N o
WN\
\ CON
WW “
Shargs ‘GintionReference Num,
lal
Re 2 2 SPAILED TO ¥YIELO ROW LEAVING PRIVATE DA A45S76B087
ie Sahoo
=
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—yy
\» \
Lie
\N
12 The property damage to the cars involved significant forces acting upon Ms. Esquivo’s body.
Th vehicles were towed from the scene and later considered a total loss. As a result, Plaintiff suffered
Plaintiff's Original Petition Page 4 of 7
bodily injuries for which she now brings this lawsuit.
VI
CAUSES OF ACTION
13. The conduct of Defendant Garcia constituted negligence as that term is understood and
defined by Texas Law, and such negligent conduct was a proximate cause of the collision, injuries,
and damages to Plaintiff which are made basis of this lawsuit
14. Defendant Garcia’s negligent actions or omissions include, but are not limited to, one or
more of the following non-exclusive particulars:
a. Failing to yield right of way to oncoming traffic;
b being inattentive and/or driving while distracted;
failing to control speed;
driving while distracted;
failing to drive at a reasonable and prudent speed for the circumstances then existing;
failing to take proper evasive action to avoid a collision;
failing to operate the vehicle as a person of ordinary prudence would have in the same
or similar circumstances;
failing to keep a proper lookout;
operating a vehicle in a reckless manner;
failing to maintain control over his vehicle; and
violating applicable sections of the Texas Transportation Code.
VII. DAMAGES
15. As a result of the occurrence and the negligent acts and/or omissions described above,
Plaintiff sustained significant injuries and damages in the past and will incur more in the future
16. Plaintiff respectfully requests the trier of fact determine the amount of Plaintiff's damages
Plaintiff's Original Petition Page 5 of 7
and losses they have incurred in the past and will incur in the future, as well as the monetary value
of these damages, which include, but are not limited to:
a. Past and future physical pain and mental anguish;
b Past and future disfigurement;
Past and future physical impairment;
Past and future medical expenses; and
Out-of-pocket economic losses.
Vill
RESERVATION OF RIGHTS
17. These allegations against Defendant are made acknowledging that investigation and
discovery, although undertaken, are continuing in this matter.
18. As further investigation is conducted, additional facts will surely be uncovered that may and
probably will necessitate further, additional, and/or different allegations, including the potential of
adding additional parties to the case. The right to do so, under Texas law, is expressly reserved
Ix.
RULE 193.7 NOTICE
19 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives actual
notice to Defendant that any and all documents produced may be used against the Defendant at any pre-
trial proceeding and/or at the trial of this matter without the necessity of authenticating the documents.
X.
REQUIRED DISCLOSURES
20. Pursuant to Texas Rule of Civil Procedure 194(a), Defendant is required to disclose, within
thirty (30) days of the filing of the first answer, the information or material described in Rule
194.2(b)1-12. Any Defendant that is served or otherwise joined after the filing of the first answer
must make their initial disclosures within thirty (30) days after being served or joined.
Plaintiff's Original Petition Page 6 of 7
X. JURY DEMAND
21. Plaintiffs respectfully request a trial by jury.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant Garcia be cited
to appear herein and answer, and upon final trial and hearing hereof, that Plaintiff recovers damages
in accordance with the evidence, that Plaintiff recovers costs of court herein expended, that Plaintiff
recovers interest to which Plaintiffis justly entitled under the law, and for such other further relief, both
general and special, both in law and in equity, to which Plaintiff may be justly entitled
Respectfully submitted,
WOMACK LAW OFFICE, PLLC
/s/ Sydney Womack
Sydney Womack
SBN: 24078715
Womack Law Office, PLLC
2525 Robinhood St.
Houston, TX 77005
Telephone: (713) 322-9993
Facsimile: (713) 583-3114
Email: sydney@womacktriallawyers.com
Email: jessica@womacktriallawyers.com
ATTORNEY
FOR PLAINTIFF
Plaintiff's Original Petition Page 7 of 7
Preview
4/8/2024 8:34 AM Marilyn Burgess - District Clerk Harris County Envelope No. 86385115 2024-21902 / Court: 133 By: Christopher Matthews Filed: 4/8/2024 8:34 AM CAUSE NO. CINDY ESQUIVO IN THE DISTRICT COURT OF VS. HARRIS COUNTY, TEXAS MARK ANTHONY GARCIA JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION COMES NOW, CINDY ESQUIVO, Plaintiff, by and through undersigned counsel, complaining of MARK ANTHONY GARCIA, Defendant, and for cause of action would respectfully show the Court as follows: I DISCOVERY CONTROL PLAN Plaintiff intends discovery to be conducted under Level 3 of Rule 190.4 of the Texas Rules of Civil Procedure I PARTIES 2. Plaintiff is an individual and residents of Texas. 3 Defendant Mark Anthony Garcia (“Defendant Garcia”) is an individual and resident of Texas who can be served with citation at his address of 301 Charter St., Columbus, TX 78934 or wherever he may be found. Citation is requested at this time. 4 Misnomer Clause: This lawsuit acknowledges the possibility of a misnomer regarding the Defendant’s named herein. Should it come to light that the Defendant identified as “Mark Anthony Garcia” or any other party named in this complaint is incorrect due to a misidentification, mistaken identity, or any clerical or typographical error, such misnomer shall not serve as a basis for dismissal or preclude the amendment of this complaint to reflect the correct identity of the intended party or Plaintiff's Original Petition Page 1 of 7 parties. It is our intention to seek justice against the party or parties responsible for the plaintiffs claims, and this misnomer clause is included to ensure that procedural technicalities do not impede the pursuit of relief for the aggrieved party. We reserve the right to amend this complaint to correct the name(s) of the defendant(s) as necessary, upon discovery of the actual identity of the party or parties liable to the plaintiff, in accordance with the applicable rules and statutes governing such amendments. Til. JURISDICTION AND VENUE 5 The Court has jurisdiction over the subject matterin controversy becausethe damages sought by Plaintiff are within the jurisdictional limits of this Court 6. Venue is proper in Harris County, Texas, since all of or a substantial part of the events or omissions giving rise to the claim occurred in said county. 7 Nothing Plaintiff did or did not do caused or contributed to this occurrence. Iv. STATEMENT OF MONETARY RELIEF 8 The amount of damages sought by Plaintiff are in excess of the jurisdictional minimums of the Court. Many elements of damages, including pain, suffering, mental anguish in the past and future, past and future physical impairment, cannot be determined with mathematical precision. Furthermore, the determination of many of these elements of damages is uniquely within the province of the jury. Plaintiff does not at this time seek any certain amount of damages for any of these particular elements of damages but would instead rely upon the collective wisdom of the jury to determine an amount that would fairly compensate Plaintiff. To comply with the pleading requirements of Texas R. Civ. P. 47(c)(3), however, Plaintiff seeks monetary relief over $250,000.00 but not more than $1,000,000.00 and a demand for judgment for all other relief to which Plaintiff deem themselves Plaintiff's Original Petition Page 2 of 7 entitled. 9 The stated amount in controversy does not include interest, statutory or punitive damages and penalties, and attorney’s fees or costs. Vv. FACTS 10. On April 11, 2022, Defendant Garcia suddenly and without warning, darted out of a private driveway at 1700 Brittmoore Rd. in Houston, Texas and into oncoming traffic. Defendant Garcia pulled out in front of the vehicle in which Ms. Esquivo was the front passenger. The officer’s diagram and narrative details the crash below ay v L SSme aN = 3 eS Ss ee ge x NS UN 4 As 4p Plaintiff's Original Petition Page 3 of 7 investigator's Narrative Opinion of What Happened {Attach Additional Sheats if Necessary) LANE 2 WAS TRAVELING NB AT 1700 BRITINOORE RD.UNIT #1 WAS LEAVING A PRIVATE PARKING LOT TO TURW ONTO 170 IBRITTMOORE RD.UNIT #1 Li-LFQ-3 STRUCK UNIT #2 1-PR-3 FAIL TO XIELO ROW LEAVING PRIVATE DRIVE. UNIT #1 WAS IAT FAULT. { {investigator's Assignment: Northwest}} ey A 11 Based on his investigation, the Houston Police Department investigating officer contributed the crash solely to Defendant Garcia’s failure to yield right of way from a private drive: é Contrib ing Factors (investigator Opinion} Bz Unt # Contibuting May Have Contih. #9O 34 So ws wo KK \N o WN\ \ CON WW “ Shargs ‘GintionReference Num, lal Re 2 2 SPAILED TO ¥YIELO ROW LEAVING PRIVATE DA A45S76B087 ie Sahoo = we —yy \» \ Lie \N 12 The property damage to the cars involved significant forces acting upon Ms. Esquivo’s body. Th vehicles were towed from the scene and later considered a total loss. As a result, Plaintiff suffered Plaintiff's Original Petition Page 4 of 7 bodily injuries for which she now brings this lawsuit. VI CAUSES OF ACTION 13. The conduct of Defendant Garcia constituted negligence as that term is understood and defined by Texas Law, and such negligent conduct was a proximate cause of the collision, injuries, and damages to Plaintiff which are made basis of this lawsuit 14. Defendant Garcia’s negligent actions or omissions include, but are not limited to, one or more of the following non-exclusive particulars: a. Failing to yield right of way to oncoming traffic; b being inattentive and/or driving while distracted; failing to control speed; driving while distracted; failing to drive at a reasonable and prudent speed for the circumstances then existing; failing to take proper evasive action to avoid a collision; failing to operate the vehicle as a person of ordinary prudence would have in the same or similar circumstances; failing to keep a proper lookout; operating a vehicle in a reckless manner; failing to maintain control over his vehicle; and violating applicable sections of the Texas Transportation Code. VII. DAMAGES 15. As a result of the occurrence and the negligent acts and/or omissions described above, Plaintiff sustained significant injuries and damages in the past and will incur more in the future 16. Plaintiff respectfully requests the trier of fact determine the amount of Plaintiff's damages Plaintiff's Original Petition Page 5 of 7 and losses they have incurred in the past and will incur in the future, as well as the monetary value of these damages, which include, but are not limited to: a. Past and future physical pain and mental anguish; b Past and future disfigurement; Past and future physical impairment; Past and future medical expenses; and Out-of-pocket economic losses. Vill RESERVATION OF RIGHTS 17. These allegations against Defendant are made acknowledging that investigation and discovery, although undertaken, are continuing in this matter. 18. As further investigation is conducted, additional facts will surely be uncovered that may and probably will necessitate further, additional, and/or different allegations, including the potential of adding additional parties to the case. The right to do so, under Texas law, is expressly reserved Ix. RULE 193.7 NOTICE 19 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives actual notice to Defendant that any and all documents produced may be used against the Defendant at any pre- trial proceeding and/or at the trial of this matter without the necessity of authenticating the documents. X. REQUIRED DISCLOSURES 20. Pursuant to Texas Rule of Civil Procedure 194(a), Defendant is required to disclose, within thirty (30) days of the filing of the first answer, the information or material described in Rule 194.2(b)1-12. Any Defendant that is served or otherwise joined after the filing of the first answer must make their initial disclosures within thirty (30) days after being served or joined. Plaintiff's Original Petition Page 6 of 7 X. JURY DEMAND 21. Plaintiffs respectfully request a trial by jury. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant Garcia be cited to appear herein and answer, and upon final trial and hearing hereof, that Plaintiff recovers damages in accordance with the evidence, that Plaintiff recovers costs of court herein expended, that Plaintiff recovers interest to which Plaintiffis justly entitled under the law, and for such other further relief, both general and special, both in law and in equity, to which Plaintiff may be justly entitled Respectfully submitted, WOMACK LAW OFFICE, PLLC /s/ Sydney Womack Sydney Womack SBN: 24078715 Womack Law Office, PLLC 2525 Robinhood St. Houston, TX 77005 Telephone: (713) 322-9993 Facsimile: (713) 583-3114 Email: sydney@womacktriallawyers.com Email: jessica@womacktriallawyers.com ATTORNEY FOR PLAINTIFF Plaintiff's Original Petition Page 7 of 7