Preview
4/8/2024 4:58 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 86421956
2024-22205 / Court: 11 By: Bernitta Barrett
Filed: 4/8/2024 4:58 PM
CAUSE NO
JACOB THOMAS AND IN THE DISTRICT COURT OF
JOMOL THOMAS,
Plaintiffs,
v.
RACHEL ROTH, HARRIS COUNTY, TEXAS
Defendant. JUDICIAL DISTRICT
PLAINTIFFS’ ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUEST FOR REQUIRE!
DISCLOSURES
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, JACOB THOMAS AND JOMOL THOMAS (hereinafter referred to as
“Plaintiffs”), in the above-styled and numbered cause of action, and files this, his Original Petition,
Rule 193.7 Notice, and Request for Disclosure, complaining of DEFENDANT, RACHEL ROTH,
and in support hereof, would show unto this Honorable Court the following:
I DISCOVERY CONTROL PLAN
1.1 Discovery is intended to be conducted under Level 2 of the Texas Rules of Civil
Procedure 190.3.
IL. PARTIES
21 Plaintiff, JACOB THOMAS, is a Texas resident and currently resides in Harris
County, Texas.
2.2 Plaintiff, JOMOL THOMAS, is a Texas resident and currently resides in Harris
County, Texas.
2.3 Defendant, RACHEL ROTH, is an individual and resident of the State of Texas
1
PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE,
ND REQUEST FOR REQUIRED DISCLOSURE:
who can be served with process pursuant to TRCP 106(a)(1) by delivering to this Defendant, in
person, and/or mailing to this Defendant by registered or certified mail, return receipt requested, a
true copy and petition at his place of residence, 655 Yale St., Apt 281 Houston, Texas 77007
Issuance of citation is requested at this time and fee for said issuance has been paid to the Harris
County District Clerk.
Ii. JURISDICTION AND VENUE
3.1 This Court has subject matter jurisdiction over this lawsuit. Plaintiffs’ claims
involve Texas statutory and common law
3.2 This Court has jurisdiction in this cause since the damages to Plaintiffs are within
the jurisdictional limits of this Court. Pursuant to Rule 47 of the Texas Rules of Civil Procedure,
Plaintiffs seek only monetary relief greater than $250,000 but not more than $1,000,000, including
damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees.
3.3 All or a substantial part of the events or omissions giving rise to the claim occurred
in Harris County, Texas. Therefore, venue is proper pursuant to § 15.001 and § 15.002(a)(1) of
the Texas Civil Practice & Remedies Code. Additionally, the facts show that the convenience of
the parties and the witnesses and the interest of justice would be best served in Harris County,
Texas.
Iv. FAcTs & BACKGROUND
41 This suit is brought under and by virtue of the laws of the State of Texas to recover
those damages which Plaintiffs are justly entitled to receive as compensation for injuries they
sustained in an automobile collision in Harris County, Texas on or about April 11, 2022.
42 On the above referenced date, Plaintiff Jacob Thomas was the driver of a vehicle in
which Plaintiff Jomol Thomas was a passenger. Plaintiffs’ vehicle was traveling east on Webster
2
PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE,
ND REQUEST FOR REQUIRED DISCLOSURE:
Street and approaching the intersection with Travis Street Defendant was traveling north on
Travis Street and approaching the intersection with Webster Street As Plaintiffs entered the
intersection with a green light, Defendant failed to stop at the red light controlling her ingress to
the intersection. As a result of Defendant’s failure to stop, the vehicles collided. As a result of the
collision, Plaintiffs sustained severe personal injuries.
Vv. NEGLIGENCE OF DEFENDANT ROTH
6.1 Plaintiffs hereby incorporate all preceding paragraphs of this pleading as if fully
set forth herein.
6.2 At the time of the incident, Defendant Look had the duty to exercise ordinary care
and operate the vehicles he was driving reasonably and prudently. Defendant breached that duty
in one or more of the following ways
a) Failing to obey traffic signals;
b) Failing to yield to the right of way;
°) Driving the vehicle at a rate of speed greater than that at which an ordinary and
prudent person would have driven under the same or similar circumstances;
d) Failing to comply with provisions of the Texas Transportation Code;
e) Failing to maintain a proper lookout;
f) Failing to take timely evasive action;
g) Failing to safely manage the space around the vehicle; and
h) Other acts of negligence, incompetence, and/or omissions, which may be
proved by the evidence at trial.
6.3 Each and all of the above acts and/or omissions constituted negligence and/or
negligence per se, and each and all were a proximate cause of the collision made the basis of this
suit and the injuries and damages suffered by the Plaintiffs herein.
PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE,
ND REQUEST FOR REQUIRED DISCLOSURE:
VI. DAMAGES
7A Due to the above and foregoing, Plaintiffs have suffered actual damages in excess
of the minimum jurisdictional limits of the Court in which Plaintiffs now bring suit. Defendant’s
conduct was the proximate and producing cause of Plaintiffs’ injuries and damages.
7.2 As a result Defendant’s conduct, Plaintiffs seek damages for all court costs and
attorneys’ fees incurred through trial and appeal
73 As a result of the incident made the basis of this lawsuit described in the preceding
paragraphs and the negligence of Defendant, Plaintiffs respectfully request that the Court
determine the amount of Plaintiffs’ damages and losses that Plaintiffs has incurred in the past and
will reasonably incur in the future, as well as the monetary value of these damages, which include,
but are not limited to:
a) Physical pain;
b) Mental anguish;
c) Physical impairment;
qd) Medical care expenses;
e) Out-of-pocket economic losses and/or loss of opportunity;
f) Loss of enjoyment of life; and
g) All other relief to which Plaintiffs may show themselves justly entitled.
74 Plaintiffs seek both prejudgment and post-judgment interest as allowed by law, for
all costs of court, and all other relief, both at law and in equity, to which he may be entitled.
VI. RULE 193. 7 NOTICE
8.1 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs hereby
gives actual notice to Defendant that any and all documents produced by Defendant may be used
4
PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE,
ND REQUEST FOR REQUIRED DISCLOSURE:
against Defendant at any pretrial proceeding and/or at the trial of this matter without the necessity
of authenticating the documents
VIII. REQUESTS FOR DISCLOSURE AND PRODUCTION
91 Pursuant to Texas Rule of Civil Procedure 194 effective January 1, 2021, Defendant
must disclose, within thirty (30) days after the filing of the first answer or general appearance, the
information or material described in Texas Rules of Civil Procedure 194.2, 194.3, and 194.4.
Defendant must serve written responses to these required initial disclosures and production on
Plaintiffs at the office of Plaintiffs’ counsel, within thirty (30) days after the filing of the first
answer or general appearance. Failure to respond timely shall constitute an abuse of discovery
pursuant to Texas Rule of Civil Procedure 215.
IX. PRAYER
11.1 WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be
cited in terms of law to appear and answer herein, that upon final trial and hearing hereof, that
Plaintiffs recover damages in accordance with the evidence, that Plaintiffs recover costs of court
herein expended, that Plaintiffs recover interest to which Plaintiffs are justly entitled under the
law, and for such other further relief, both general and special, both in law and in equity, to which
Plaintiffs may be justly entitled.
[signature block on next page]
PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE,
ND REQUEST FOR REQUIRED DISCLOSURE:
Respectfully submitted,
THE AMARO LAW FIRM
Anna J. McMullen
SBN: 24109535
Lucas D. Walker
SBN: 24115918
2500 E. TC Jester Blvd., Ste. 525
Houston, Texas 77008
713.864.1941 tel.
713 64. 1942 fax
ATTORNEYS FOR PLAINTIFF
PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE,
ND REQUEST FOR REQUIRED DISCLOSURE:
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.
Yvette Hernandez on behalf of Anna McMullen
Bar No. 24109535
yvette@amarolawfirm.com
Envelope ID: 86421956
Filing Code Description: Petition
Filing Description: PLAINTIFFS ORIGINAL PETITION, RULE 193.7
NOTICE, AND REQUEST FOR REQUIRED DISCLOSURES
Status as of 4/9/2024 8:05 AM CST
Case Contacts
Name BarNumber | Email TimestampSubmitted | Status
R. JamesAmaro fax@amarolawfirm.com | 4/8/2024 4:58:27 PM SENT
Preview
4/8/2024 4:58 PM Marilyn Burgess - District Clerk Harris County Envelope No. 86421956 2024-22205 / Court: 11 By: Bernitta Barrett Filed: 4/8/2024 4:58 PM CAUSE NO JACOB THOMAS AND IN THE DISTRICT COURT OF JOMOL THOMAS, Plaintiffs, v. RACHEL ROTH, HARRIS COUNTY, TEXAS Defendant. JUDICIAL DISTRICT PLAINTIFFS’ ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUEST FOR REQUIRE! DISCLOSURES TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, JACOB THOMAS AND JOMOL THOMAS (hereinafter referred to as “Plaintiffs”), in the above-styled and numbered cause of action, and files this, his Original Petition, Rule 193.7 Notice, and Request for Disclosure, complaining of DEFENDANT, RACHEL ROTH, and in support hereof, would show unto this Honorable Court the following: I DISCOVERY CONTROL PLAN 1.1 Discovery is intended to be conducted under Level 2 of the Texas Rules of Civil Procedure 190.3. IL. PARTIES 21 Plaintiff, JACOB THOMAS, is a Texas resident and currently resides in Harris County, Texas. 2.2 Plaintiff, JOMOL THOMAS, is a Texas resident and currently resides in Harris County, Texas. 2.3 Defendant, RACHEL ROTH, is an individual and resident of the State of Texas 1 PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE, ND REQUEST FOR REQUIRED DISCLOSURE: who can be served with process pursuant to TRCP 106(a)(1) by delivering to this Defendant, in person, and/or mailing to this Defendant by registered or certified mail, return receipt requested, a true copy and petition at his place of residence, 655 Yale St., Apt 281 Houston, Texas 77007 Issuance of citation is requested at this time and fee for said issuance has been paid to the Harris County District Clerk. Ii. JURISDICTION AND VENUE 3.1 This Court has subject matter jurisdiction over this lawsuit. Plaintiffs’ claims involve Texas statutory and common law 3.2 This Court has jurisdiction in this cause since the damages to Plaintiffs are within the jurisdictional limits of this Court. Pursuant to Rule 47 of the Texas Rules of Civil Procedure, Plaintiffs seek only monetary relief greater than $250,000 but not more than $1,000,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. 3.3 All or a substantial part of the events or omissions giving rise to the claim occurred in Harris County, Texas. Therefore, venue is proper pursuant to § 15.001 and § 15.002(a)(1) of the Texas Civil Practice & Remedies Code. Additionally, the facts show that the convenience of the parties and the witnesses and the interest of justice would be best served in Harris County, Texas. Iv. FAcTs & BACKGROUND 41 This suit is brought under and by virtue of the laws of the State of Texas to recover those damages which Plaintiffs are justly entitled to receive as compensation for injuries they sustained in an automobile collision in Harris County, Texas on or about April 11, 2022. 42 On the above referenced date, Plaintiff Jacob Thomas was the driver of a vehicle in which Plaintiff Jomol Thomas was a passenger. Plaintiffs’ vehicle was traveling east on Webster 2 PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE, ND REQUEST FOR REQUIRED DISCLOSURE: Street and approaching the intersection with Travis Street Defendant was traveling north on Travis Street and approaching the intersection with Webster Street As Plaintiffs entered the intersection with a green light, Defendant failed to stop at the red light controlling her ingress to the intersection. As a result of Defendant’s failure to stop, the vehicles collided. As a result of the collision, Plaintiffs sustained severe personal injuries. Vv. NEGLIGENCE OF DEFENDANT ROTH 6.1 Plaintiffs hereby incorporate all preceding paragraphs of this pleading as if fully set forth herein. 6.2 At the time of the incident, Defendant Look had the duty to exercise ordinary care and operate the vehicles he was driving reasonably and prudently. Defendant breached that duty in one or more of the following ways a) Failing to obey traffic signals; b) Failing to yield to the right of way; °) Driving the vehicle at a rate of speed greater than that at which an ordinary and prudent person would have driven under the same or similar circumstances; d) Failing to comply with provisions of the Texas Transportation Code; e) Failing to maintain a proper lookout; f) Failing to take timely evasive action; g) Failing to safely manage the space around the vehicle; and h) Other acts of negligence, incompetence, and/or omissions, which may be proved by the evidence at trial. 6.3 Each and all of the above acts and/or omissions constituted negligence and/or negligence per se, and each and all were a proximate cause of the collision made the basis of this suit and the injuries and damages suffered by the Plaintiffs herein. PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE, ND REQUEST FOR REQUIRED DISCLOSURE: VI. DAMAGES 7A Due to the above and foregoing, Plaintiffs have suffered actual damages in excess of the minimum jurisdictional limits of the Court in which Plaintiffs now bring suit. Defendant’s conduct was the proximate and producing cause of Plaintiffs’ injuries and damages. 7.2 As a result Defendant’s conduct, Plaintiffs seek damages for all court costs and attorneys’ fees incurred through trial and appeal 73 As a result of the incident made the basis of this lawsuit described in the preceding paragraphs and the negligence of Defendant, Plaintiffs respectfully request that the Court determine the amount of Plaintiffs’ damages and losses that Plaintiffs has incurred in the past and will reasonably incur in the future, as well as the monetary value of these damages, which include, but are not limited to: a) Physical pain; b) Mental anguish; c) Physical impairment; qd) Medical care expenses; e) Out-of-pocket economic losses and/or loss of opportunity; f) Loss of enjoyment of life; and g) All other relief to which Plaintiffs may show themselves justly entitled. 74 Plaintiffs seek both prejudgment and post-judgment interest as allowed by law, for all costs of court, and all other relief, both at law and in equity, to which he may be entitled. VI. RULE 193. 7 NOTICE 8.1 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs hereby gives actual notice to Defendant that any and all documents produced by Defendant may be used 4 PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE, ND REQUEST FOR REQUIRED DISCLOSURE: against Defendant at any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating the documents VIII. REQUESTS FOR DISCLOSURE AND PRODUCTION 91 Pursuant to Texas Rule of Civil Procedure 194 effective January 1, 2021, Defendant must disclose, within thirty (30) days after the filing of the first answer or general appearance, the information or material described in Texas Rules of Civil Procedure 194.2, 194.3, and 194.4. Defendant must serve written responses to these required initial disclosures and production on Plaintiffs at the office of Plaintiffs’ counsel, within thirty (30) days after the filing of the first answer or general appearance. Failure to respond timely shall constitute an abuse of discovery pursuant to Texas Rule of Civil Procedure 215. IX. PRAYER 11.1 WHEREFORE, PREMISES CONSIDERED, Plaintiffs pray that Defendant be cited in terms of law to appear and answer herein, that upon final trial and hearing hereof, that Plaintiffs recover damages in accordance with the evidence, that Plaintiffs recover costs of court herein expended, that Plaintiffs recover interest to which Plaintiffs are justly entitled under the law, and for such other further relief, both general and special, both in law and in equity, to which Plaintiffs may be justly entitled. [signature block on next page] PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE, ND REQUEST FOR REQUIRED DISCLOSURE: Respectfully submitted, THE AMARO LAW FIRM Anna J. McMullen SBN: 24109535 Lucas D. Walker SBN: 24115918 2500 E. TC Jester Blvd., Ste. 525 Houston, Texas 77008 713.864.1941 tel. 713 64. 1942 fax ATTORNEYS FOR PLAINTIFF PLAINTIFFS” ORIGINAL PETITION, RULE 193.7 NOTICE, ND REQUEST FOR REQUIRED DISCLOSURE: 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. Yvette Hernandez on behalf of Anna McMullen Bar No. 24109535 yvette@amarolawfirm.com Envelope ID: 86421956 Filing Code Description: Petition Filing Description: PLAINTIFFS ORIGINAL PETITION, RULE 193.7 NOTICE, AND REQUEST FOR REQUIRED DISCLOSURES Status as of 4/9/2024 8:05 AM CST Case Contacts Name BarNumber | Email TimestampSubmitted | Status R. JamesAmaro fax@amarolawfirm.com | 4/8/2024 4:58:27 PM SENT