On April 15, 2024 a
Complaint,Petition
was filed
involving a dispute between
Deluna, Henry Lee,
and
Benitez, Juan Gerardo,
for Injury or Damage - Motor Vehicle (OCA)
in the District Court of Hidalgo County.
Preview
Electronically Filed
4/15/2024 1:28 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1752-24-A
CAUSE NO. ________________
HENRY LEE DELUNA § IN THE DISTRICT COURT
§
§
VS. § ______ JUDICIAL DISTRICT
§
§
§
JUAN GERARDO BENITEZ § HIDALGO COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
Plaintiff Henry Lee Deluna ("Plaintiff") files this Original Petition complaining of
Defendant Juan Gerardo Benitez ("Defendant") and for cause of action states the following:
DISCOVERY CONTROL PLAN
1. Pursuant to Rules 190.1 and 190.4 of the Texas Rules of Civil Procedure, Plaintiff states
that discovery in this cause is intended to be conducted under Level 3.
JURY DEMAND
2. Pursuant to Rules 216 and 217 of the Texas Rules of Civil Procedure, Plaintiff requests a
jury trial of this matter. Accordingly, Plaintiff tenders the proper jury fee with the filing of
Plaintiff’s Original Petition.
PARTIES
3. Plaintiff Henry Lee Deluna is an individual residing in Hidalgo County, Texas. The last
three digits of his driver’s license are 233 and the last three digits of his social security
number are 566.
4. Defendant Juan Gerardo Benitez is an individual who resides and may be served at 1041
Mockingbird Street, Roma, Texas 78584.
Plaintiff's Original Petition - Page 1 of 5
Electronically Filed
4/15/2024 1:28 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1752-24-A
VENUE AND JURISDICTION
5. Venue is proper in this Court by virtue of Tex. Civ. Prac. & Rem. Code §15.002(a).
Furthermore, this Court has jurisdiction in that the damages being sought are within the
jurisdictional limits of this Court.
FACTS
6. This lawsuit is based on a motor vehicular collision occurring on or about August 30, 2023,
at or near the intersection of E. Ridge Road and S. 2nd Street in McAllen, Texas
(hereinafter referred to as "The Collision").
7. The Collision was proximately caused by the negligence and / or negligence per se of
Defendant.
CAUSES OF ACTION
Negligence and / or Negligence Per Se
8. At the time of The Collision, Defendant Juan Gerardo Benitez was negligent and / or
negligent per se in one or more of the following particulars:
a. In failing to keep such a lookout as a person of ordinary prudence would have kept
under the same or similar circumstances;
b. In failing to timely apply the brakes of his vehicle in order to avoid the collision in
question;
c. In driving a vehicle at a rate of speed which was greater than that which an
ordinarily prudent person would have driven under the same or similar
circumstances;
d. In failing to yield the right-of-way;
e. In failing to maintain his vehicle under control;
f. In following too closely;
g. In disregarding traffic signals;
h. In failing to take proper evasive action;
i. In driving while looking at his cell phone, texting, emailing, or otherwise using a
cellular device which diverted his attention from the road in front of him; and
j. In violating Texas Transportation Code Sections 545.062 (following distance),
Plaintiff's Original Petition - Page 2 of 5
Electronically Filed
4/15/2024 1:28 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1752-24-A
545.151 (vehicle approaching or entering intersection), 545.351 (maximum speed
requirement) and 545.4251 (use of portable wireless communication device for
electronic messaging).
9. Each of the foregoing acts or omissions, singularly or in combination with others,
constituted negligence and / or negligence per se, which proximately caused The Collision
and Plaintiff's injuries and damages.
PERSONAL INJURIES AND DAMAGES
10. As a result of Defendant’s negligent actions, Henry Lee Deluna suffered personal injuries.
Consequently, Henry Lee Deluna seeks recovery of the following damages:
a. Medical Expenses: Henry Lee Deluna incurred bodily injuries which were
caused by The Collision and Henry Lee Deluna incurred medical expenses
for treatment of such injuries. Henry Lee Deluna believes that, in reasonable
medical probability such injuries will require the need for future medical
care.
b. Physical Pain: Henry Lee Deluna endured physical pain as a result of the
personal injuries sustained in The Collision and reasonably anticipates such
pain will continue in the future.
c. Mental Anguish: Henry Lee Deluna endured mental anguish as a result of
the personal injuries sustained in The Collision and reasonably anticipates
such mental anguish will continue in the future.
d. Disfigurement: Henry Lee Deluna endured disfigurement as a result of the
personal injuries sustained in The Collision and reasonably anticipates such
will continue in the future.
e. Impairment: Henry Lee Deluna endured physical impairment as a result of
the personal injuries sustained in The Collision and reasonably anticipates
such in the future.
f. Loss of Earning Capacity: Henry Lee Deluna lost wages as a result of the
personal injuries sustained in The Collision. Henry Lee Deluna reasonably
believes that such injuries will diminish Henry Lee Deluna's earning
capacity in the future.
Plaintiff's Original Petition - Page 3 of 5
Electronically Filed
4/15/2024 1:28 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1752-24-A
AGGRAVATION
11. In the alternative, if it be shown that the Plaintiff suffered from any pre-existing injury,
disease and/or condition at the time of the incident made the basis of the lawsuit, then such
injury, disease and/or condition was aggravated and/or exacerbated by the negligence of
the Defendant.
U.S. LIFE TABLES
12. Notice is hereby given to the Defendant that Plaintiff intends to use the U. S. Life Tables
as published by the Department of Health and Human Services - National Vital Statistics
Report in the trial of this matter. Plaintiff requests that this Honorable Court take judicial
notice of those rules, regulations, and statutes of the United States and the State of Texas,
pursuant to Texas Rule of Evidence 201 and 1005.
RELIEF SOUGHT
13. Pursuant to Texas Rules of Civil Procedure 193.7, notice is hereby given of the intention
to use any of the documents exchanged and/or produced between any party during the trial
of this case. All conditions precedent to Plaintiff’s right to recover the relief sought herein
have occurred or have been performed.
14. As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff states that the damages
sought are in an amount within the jurisdictional limits of this Court. As required by Rule
47(c), Texas Rules of Civil Procedure, Plaintiff states that Plaintiff seeks monetary relief
in excess of $250,000, but less than $1,000,000. As discovery takes place and testimony
is given, Plaintiff will be in a better position to give the maximum amount of damages
sought.
Plaintiff's Original Petition - Page 4 of 5
Electronically Filed
4/15/2024 1:28 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-1752-24-A
15. Plaintiff requests that Defendant be cited to appear and answer, and that this case be tried
after which Plaintiff recovers:
a. Judgment against Defendant for a sum within the jurisdictional limits of this
Court for the damages set forth herein;
b. Pre-judgment interest at the maximum amount allowed by law;
c. Post-judgment interest at the maximum rate allowed by law;
d. Costs of suit; and
e. Such other and further relief to which Plaintiff may be justly entitled.
Respectfully submitted,
REYES BROWNE LAW
/s/ Shuyu Zhong
Shuyu Zhong
State Bar No. 24126161
8222 Douglas Avenue, Suite 400
Dallas, TX 75225
(214) 526-7900
(214) 526-7910 (FAX)
shuyu@reyeslaw.com
ATTORNEYS FOR PLAINTIFF
Plaintiff's Original Petition - Page 5 of 5
Document Filed Date
April 15, 2024
Case Filing Date
April 15, 2024
Category
Injury or Damage - Motor Vehicle (OCA)
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Electronically Filed 4/15/2024 1:28 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1752-24-A CAUSE NO. ________________ HENRY LEE DELUNA § IN THE DISTRICT COURT § § VS. § ______ JUDICIAL DISTRICT § § § JUAN GERARDO BENITEZ § HIDALGO COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION Plaintiff Henry Lee Deluna ("Plaintiff") files this Original Petition complaining of Defendant Juan Gerardo Benitez ("Defendant") and for cause of action states the following: DISCOVERY CONTROL PLAN 1. Pursuant to Rules 190.1 and 190.4 of the Texas Rules of Civil Procedure, Plaintiff states that discovery in this cause is intended to be conducted under Level 3. JURY DEMAND 2. Pursuant to Rules 216 and 217 of the Texas Rules of Civil Procedure, Plaintiff requests a jury trial of this matter. Accordingly, Plaintiff tenders the proper jury fee with the filing of Plaintiff’s Original Petition. PARTIES 3. Plaintiff Henry Lee Deluna is an individual residing in Hidalgo County, Texas. The last three digits of his driver’s license are 233 and the last three digits of his social security number are 566. 4. Defendant Juan Gerardo Benitez is an individual who resides and may be served at 1041 Mockingbird Street, Roma, Texas 78584. Plaintiff's Original Petition - Page 1 of 5 Electronically Filed 4/15/2024 1:28 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1752-24-A VENUE AND JURISDICTION 5. Venue is proper in this Court by virtue of Tex. Civ. Prac. & Rem. Code §15.002(a). Furthermore, this Court has jurisdiction in that the damages being sought are within the jurisdictional limits of this Court. FACTS 6. This lawsuit is based on a motor vehicular collision occurring on or about August 30, 2023, at or near the intersection of E. Ridge Road and S. 2nd Street in McAllen, Texas (hereinafter referred to as "The Collision"). 7. The Collision was proximately caused by the negligence and / or negligence per se of Defendant. CAUSES OF ACTION Negligence and / or Negligence Per Se 8. At the time of The Collision, Defendant Juan Gerardo Benitez was negligent and / or negligent per se in one or more of the following particulars: a. In failing to keep such a lookout as a person of ordinary prudence would have kept under the same or similar circumstances; b. In failing to timely apply the brakes of his vehicle in order to avoid the collision in question; c. In driving a vehicle at a rate of speed which was greater than that which an ordinarily prudent person would have driven under the same or similar circumstances; d. In failing to yield the right-of-way; e. In failing to maintain his vehicle under control; f. In following too closely; g. In disregarding traffic signals; h. In failing to take proper evasive action; i. In driving while looking at his cell phone, texting, emailing, or otherwise using a cellular device which diverted his attention from the road in front of him; and j. In violating Texas Transportation Code Sections 545.062 (following distance), Plaintiff's Original Petition - Page 2 of 5 Electronically Filed 4/15/2024 1:28 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1752-24-A 545.151 (vehicle approaching or entering intersection), 545.351 (maximum speed requirement) and 545.4251 (use of portable wireless communication device for electronic messaging). 9. Each of the foregoing acts or omissions, singularly or in combination with others, constituted negligence and / or negligence per se, which proximately caused The Collision and Plaintiff's injuries and damages. PERSONAL INJURIES AND DAMAGES 10. As a result of Defendant’s negligent actions, Henry Lee Deluna suffered personal injuries. Consequently, Henry Lee Deluna seeks recovery of the following damages: a. Medical Expenses: Henry Lee Deluna incurred bodily injuries which were caused by The Collision and Henry Lee Deluna incurred medical expenses for treatment of such injuries. Henry Lee Deluna believes that, in reasonable medical probability such injuries will require the need for future medical care. b. Physical Pain: Henry Lee Deluna endured physical pain as a result of the personal injuries sustained in The Collision and reasonably anticipates such pain will continue in the future. c. Mental Anguish: Henry Lee Deluna endured mental anguish as a result of the personal injuries sustained in The Collision and reasonably anticipates such mental anguish will continue in the future. d. Disfigurement: Henry Lee Deluna endured disfigurement as a result of the personal injuries sustained in The Collision and reasonably anticipates such will continue in the future. e. Impairment: Henry Lee Deluna endured physical impairment as a result of the personal injuries sustained in The Collision and reasonably anticipates such in the future. f. Loss of Earning Capacity: Henry Lee Deluna lost wages as a result of the personal injuries sustained in The Collision. Henry Lee Deluna reasonably believes that such injuries will diminish Henry Lee Deluna's earning capacity in the future. Plaintiff's Original Petition - Page 3 of 5 Electronically Filed 4/15/2024 1:28 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1752-24-A AGGRAVATION 11. In the alternative, if it be shown that the Plaintiff suffered from any pre-existing injury, disease and/or condition at the time of the incident made the basis of the lawsuit, then such injury, disease and/or condition was aggravated and/or exacerbated by the negligence of the Defendant. U.S. LIFE TABLES 12. Notice is hereby given to the Defendant that Plaintiff intends to use the U. S. Life Tables as published by the Department of Health and Human Services - National Vital Statistics Report in the trial of this matter. Plaintiff requests that this Honorable Court take judicial notice of those rules, regulations, and statutes of the United States and the State of Texas, pursuant to Texas Rule of Evidence 201 and 1005. RELIEF SOUGHT 13. Pursuant to Texas Rules of Civil Procedure 193.7, notice is hereby given of the intention to use any of the documents exchanged and/or produced between any party during the trial of this case. All conditions precedent to Plaintiff’s right to recover the relief sought herein have occurred or have been performed. 14. As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff states that the damages sought are in an amount within the jurisdictional limits of this Court. As required by Rule 47(c), Texas Rules of Civil Procedure, Plaintiff states that Plaintiff seeks monetary relief in excess of $250,000, but less than $1,000,000. As discovery takes place and testimony is given, Plaintiff will be in a better position to give the maximum amount of damages sought. Plaintiff's Original Petition - Page 4 of 5 Electronically Filed 4/15/2024 1:28 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-1752-24-A 15. Plaintiff requests that Defendant be cited to appear and answer, and that this case be tried after which Plaintiff recovers: a. Judgment against Defendant for a sum within the jurisdictional limits of this Court for the damages set forth herein; b. Pre-judgment interest at the maximum amount allowed by law; c. Post-judgment interest at the maximum rate allowed by law; d. Costs of suit; and e. Such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, REYES BROWNE LAW /s/ Shuyu Zhong Shuyu Zhong State Bar No. 24126161 8222 Douglas Avenue, Suite 400 Dallas, TX 75225 (214) 526-7900 (214) 526-7910 (FAX) shuyu@reyeslaw.com ATTORNEYS FOR PLAINTIFF Plaintiff's Original Petition - Page 5 of 5