Preview
4/8/2024 4:57 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 86420722
2024-22223 / Court: 270 By: Taiasha Bradford
Filed: 4/8/2024 4:57 PM
Cause No.
Jessica Abigail Mata De La Cruz; Viviana In the District Court
Morales Mata, Individually and as Next
Friend of M.R.M., a Minor Child,
Plaintiffs Judicial District
Vv
Derek Scruggs, Harris County, Texas
Defendant
Plaintiffs’ Original Petition and Jury Demand
Plaintiffs Jessica Abigail Mata De La Cruz; Viviana Morales Mata, Individually and as
Next Friend of Maybelin Ramirez Morales, a Minor Child (“Plaintiffs”) complain of Defendant
Derek Scruggs (“Defendant”) and would respectfully show the Court that:
1
Discovery Control Plan
1.1 Plaintiffs intend to conduct discovery in this matter under Level 3 of the Texas Rules of
Civil Procedure.
IL.
Jurisdiction and Venue
2.1 The claims asserted arise under the common law of Texas. This Court has jurisdiction and
venue is proper because all or a substantial part of the events or omissions giving rise to the claim
occurred in Harris County, Texas.
Ii.
Statement Regarding Monetary Relief Sought
3.1 Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiffs seek monetary relief over
$250,000.00 but not more than $1,000,000.00, including damages of any kind, penalties, costs,
expenses, pre-judgment interest, and judgment for all other relief to which Plaintiffs are justly
entitled. Plaintiffs expressly reserve the right to amend this Rule 47 statement of relief if necessary
IV.
Parties
4.1 Plaintiff Jessica Abigail Mata De La Cruz is an individual who resides in Brazoria County,
Texas.
42 Plaintiff Viviana Morales Mata is an individual who resides in Brazoria County, Texas.
43 Plaintiff Maybelin Ramirez Morales [“M.R.M.”] is a minor who resides in Brazoria
County, Texas. Plaintiff Viviana Morales Mata brings suit individually and as next friend of
MRM.
44 Defendant Derek Scruggs is an individual who resides in Fort Bend County, Texas.
Defendant may be served at his residence, 2939 Driftwood Bend Dr, Fresno, Texas 77545 or
wherever he may be found.
Vv.
Facts
5.1 This lawsuit is necessary as a result of personal injuries that the Plaintiffs received on or
about December 8", 2023. At that time, Plaintiffs were lawfully traveling on FM 2234 at the
intersection of Park Manor Road in Harris County, Texas. Meanwhile, Defendant was traveling in
the lane to the left of the Plaintiff on FM 2234. Subsequently, Defendant made a sudden, unsafe
lane change and struck the side of Plaintiff's vehicle. As a result of Defendant’s negligence,
Plaintiffs suffered physical injuries and property damages.
Vi.
Negligence of Defendant
6.1 Defendant had a duty to exercise ordinary care and operate his motor vehicle reasonably
and prudently on the day of the incident that forms the basis of this lawsuit. Defendant breached
his duty in one or more of the following ways:
a. Failed to maintain lane;
b Failed to control vehicle’s speed;
Failed to operate the vehicle safely;
Failed to keep a proper lookout;
Failed to timely apply brakes;
Failed to take proper evasive action;
Failed to yield the right of way;
Failed to keep a safe distance from Plaintiffs’ vehicle;
Failed to operate the vehicle free from distractions, including use of cellular
device;
J Failed to operate the vehicle free from the influence of drugs or alcohol;
k Other acts so deemed negligent.
6.2 Defendant’s acts of omission and commission, which constituted negligence, were a
proximate cause of Plaintiffs’ injuries.
VIL.
Damage:
71 By virtue of the actions and conduct of the Defendant set forth above, Plaintiffs were
seriously injured and are entitled to recover the following damages:
a. Past and future medical expenses;
b. Past and future pain, suffering and mental anguish;
c. Past and future physical impairment;
d. Past and future physical disfigurement;
e. Past lost wages and future loss of earning capacity.
f. Property damages (including loss-of-use, cost of repairs, and diminished value)
7.2 For the above reasons, Plaintiffs are entitled to recover damages from the Defendant in an
amount within the jurisdictional limits of this Court as well as pre- and post-judgment interest.
VII.
Jury Demand
8.1 Plaintiffs hereby demand a trial by jury and pay the appropriate
jury fee.
IX.
Rule 193.7 Notice
91 Plaintiffs hereby give actual notice to Defendant that any and all documents produced may
be used against Defendant at any pre-trial proceeding and/or at trial of this matter without the
necessity of authenticating the documents
Xx.
Designated E-Service E-Mail Addres:
10.1 The following is the undersigned attorney’s designated e-service email address for all e-
served documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21(f)(2) & 21(a):
eservice@thehuynhlawfirm.com. This is the undersigned’s only e-service email address, and
service through any other email address will be considered invalid.
XI.
Required Disclosure:
11.1 Pursuant to Texas Rules of Civil Procedure 194(a), each 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.
XI.
Praye'
For the above reasons, Plaintiffs pray that they obtain judgment against Defendant with
interest on the judgment at the legal rate, pre-judgment interest, costs of court, and for such other
relief, both in law and equity, to which Plaintiffs are justly entitled
Respectfully submitted,
THE HUYNH LAW FIRM, PLLC
4s/ Sarah Y-Nhi Huynh
SARAH Y-NHI HUYNH
SBN: 24092558
shuynh@huynhlaw.com
PAVEL “PAUL” SAVINOV
SBN: 24086698
savinov@huynhlaw.com
MICHAEL ALVAREZ
SBN: 24068754
malvarez@huynhlaw.com
6100 Corporate Drive, Suite 110
Houston, Texas 77036
Tel.: (281) 702-8128
Fax: (281) 712-7170
E-Service E-mail: eservice@huynhlaw.com
ATTORNEYS FOR PLAINTIFF
COURTESY NOTICE TO INSURED DEFENDANTS
IF YOU HAD INSURANCE AT THE TIME OF THIS CRASH, IMMEDIATELY FORWARD
A COPY OF THIS ORIGINAL PETITION (LAWSUIT) TO YOUR INSURANCE COMPANY
FOR HANDLING.
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.
"Sarah" Ynhi Huynh
Bar No. 24092558
shuynh@thehuynhlawfirm.com
Envelope ID: 86420722
Filing Code Description: Petition
Filing Description: Plaintiffs Original Petition and Jury Demand
Status as of 4/9/2024 8:15 AM CST
Associated Case Party: Jessica Abigail Mata De La Cruz
Name BarNumber | Email TimestampSubmitted | Status
"Sarah" Y-Nhi Huynh eservice@huynhlaw.com | 4/8/2024 4:57:30 PM SENT
Preview
4/8/2024 4:57 PM Marilyn Burgess - District Clerk Harris County Envelope No. 86420722 2024-22223 / Court: 270 By: Taiasha Bradford Filed: 4/8/2024 4:57 PM Cause No. Jessica Abigail Mata De La Cruz; Viviana In the District Court Morales Mata, Individually and as Next Friend of M.R.M., a Minor Child, Plaintiffs Judicial District Vv Derek Scruggs, Harris County, Texas Defendant Plaintiffs’ Original Petition and Jury Demand Plaintiffs Jessica Abigail Mata De La Cruz; Viviana Morales Mata, Individually and as Next Friend of Maybelin Ramirez Morales, a Minor Child (“Plaintiffs”) complain of Defendant Derek Scruggs (“Defendant”) and would respectfully show the Court that: 1 Discovery Control Plan 1.1 Plaintiffs intend to conduct discovery in this matter under Level 3 of the Texas Rules of Civil Procedure. IL. Jurisdiction and Venue 2.1 The claims asserted arise under the common law of Texas. This Court has jurisdiction and venue is proper because all or a substantial part of the events or omissions giving rise to the claim occurred in Harris County, Texas. Ii. Statement Regarding Monetary Relief Sought 3.1 Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiffs seek monetary relief over $250,000.00 but not more than $1,000,000.00, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and judgment for all other relief to which Plaintiffs are justly entitled. Plaintiffs expressly reserve the right to amend this Rule 47 statement of relief if necessary IV. Parties 4.1 Plaintiff Jessica Abigail Mata De La Cruz is an individual who resides in Brazoria County, Texas. 42 Plaintiff Viviana Morales Mata is an individual who resides in Brazoria County, Texas. 43 Plaintiff Maybelin Ramirez Morales [“M.R.M.”] is a minor who resides in Brazoria County, Texas. Plaintiff Viviana Morales Mata brings suit individually and as next friend of MRM. 44 Defendant Derek Scruggs is an individual who resides in Fort Bend County, Texas. Defendant may be served at his residence, 2939 Driftwood Bend Dr, Fresno, Texas 77545 or wherever he may be found. Vv. Facts 5.1 This lawsuit is necessary as a result of personal injuries that the Plaintiffs received on or about December 8", 2023. At that time, Plaintiffs were lawfully traveling on FM 2234 at the intersection of Park Manor Road in Harris County, Texas. Meanwhile, Defendant was traveling in the lane to the left of the Plaintiff on FM 2234. Subsequently, Defendant made a sudden, unsafe lane change and struck the side of Plaintiff's vehicle. As a result of Defendant’s negligence, Plaintiffs suffered physical injuries and property damages. Vi. Negligence of Defendant 6.1 Defendant had a duty to exercise ordinary care and operate his motor vehicle reasonably and prudently on the day of the incident that forms the basis of this lawsuit. Defendant breached his duty in one or more of the following ways: a. Failed to maintain lane; b Failed to control vehicle’s speed; Failed to operate the vehicle safely; Failed to keep a proper lookout; Failed to timely apply brakes; Failed to take proper evasive action; Failed to yield the right of way; Failed to keep a safe distance from Plaintiffs’ vehicle; Failed to operate the vehicle free from distractions, including use of cellular device; J Failed to operate the vehicle free from the influence of drugs or alcohol; k Other acts so deemed negligent. 6.2 Defendant’s acts of omission and commission, which constituted negligence, were a proximate cause of Plaintiffs’ injuries. VIL. Damage: 71 By virtue of the actions and conduct of the Defendant set forth above, Plaintiffs were seriously injured and are entitled to recover the following damages: a. Past and future medical expenses; b. Past and future pain, suffering and mental anguish; c. Past and future physical impairment; d. Past and future physical disfigurement; e. Past lost wages and future loss of earning capacity. f. Property damages (including loss-of-use, cost of repairs, and diminished value) 7.2 For the above reasons, Plaintiffs are entitled to recover damages from the Defendant in an amount within the jurisdictional limits of this Court as well as pre- and post-judgment interest. VII. Jury Demand 8.1 Plaintiffs hereby demand a trial by jury and pay the appropriate jury fee. IX. Rule 193.7 Notice 91 Plaintiffs hereby give actual notice to Defendant that any and all documents produced may be used against Defendant at any pre-trial proceeding and/or at trial of this matter without the necessity of authenticating the documents Xx. Designated E-Service E-Mail Addres: 10.1 The following is the undersigned attorney’s designated e-service email address for all e- served documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21(f)(2) & 21(a): eservice@thehuynhlawfirm.com. This is the undersigned’s only e-service email address, and service through any other email address will be considered invalid. XI. Required Disclosure: 11.1 Pursuant to Texas Rules of Civil Procedure 194(a), each 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. XI. Praye' For the above reasons, Plaintiffs pray that they obtain judgment against Defendant with interest on the judgment at the legal rate, pre-judgment interest, costs of court, and for such other relief, both in law and equity, to which Plaintiffs are justly entitled Respectfully submitted, THE HUYNH LAW FIRM, PLLC 4s/ Sarah Y-Nhi Huynh SARAH Y-NHI HUYNH SBN: 24092558 shuynh@huynhlaw.com PAVEL “PAUL” SAVINOV SBN: 24086698 savinov@huynhlaw.com MICHAEL ALVAREZ SBN: 24068754 malvarez@huynhlaw.com 6100 Corporate Drive, Suite 110 Houston, Texas 77036 Tel.: (281) 702-8128 Fax: (281) 712-7170 E-Service E-mail: eservice@huynhlaw.com ATTORNEYS FOR PLAINTIFF COURTESY NOTICE TO INSURED DEFENDANTS IF YOU HAD INSURANCE AT THE TIME OF THIS CRASH, IMMEDIATELY FORWARD A COPY OF THIS ORIGINAL PETITION (LAWSUIT) TO YOUR INSURANCE COMPANY FOR HANDLING. 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. "Sarah" Ynhi Huynh Bar No. 24092558 shuynh@thehuynhlawfirm.com Envelope ID: 86420722 Filing Code Description: Petition Filing Description: Plaintiffs Original Petition and Jury Demand Status as of 4/9/2024 8:15 AM CST Associated Case Party: Jessica Abigail Mata De La Cruz Name BarNumber | Email TimestampSubmitted | Status "Sarah" Y-Nhi Huynh eservice@huynhlaw.com | 4/8/2024 4:57:30 PM SENT