Preview
4/15/2024 4:06 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 86675628
2024-24147 / Court: 125 By: Nelson Cuero
Filed: 4/15/2024 4:06 PM
CAUSE NO.
JAMAL RAFIQUE IN THE DISTRICT COURT
Plaintiff
v, ____ JUDICIAL DISTRICT
PAUL WILLIAMS
Defendant HARRIS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, JAMAL RAFIQUE, hereinafter referred to as PLAINTIFF, filing this suit
against PAUL WILLIAMS hereinafter referred to by name or as DEFENDANT, and for cause of
action would respectfully show unto the Court as follows:
I. DISCOVERY CONTROL PLAN
1. Plaintiff intends to conduct Level 3 discovery. Plaintiff seeks monetary relief over
$250,000.00 but not more than $1,000,000.00. Plaintiff expressly reserves the right to amend the Rule
47 statement of relief if necessary
Il. PARTIES
2. Plaintiff is an individual who resides in Texas.
3. Defendant, PAUL WILLIAMS, is an individual residing in Texas. He may be served
with process at his residence: 3101 Spencer Hwy Apt. 199, Pasadena, TX 77504, or wherever he may
be found. Citation is requested at this time.
Il. JURISDICTION AND VENUE
4, This Court has jurisdiction over the subject matter because the amount in controversy
is within the jurisdictional limits of this Court.
5. This Court has jurisdiction over the parties because Defendant is a Texas resident.
6. Venue in Harris County is proper pursuant to Section 15.002(a)(1) because all or a
substantial portion of the events or omissions giving rise to Plaintiff's causes of action occurred in
Harris County.
Iv. FACTS
7. On or about April 17, 2022, Plaintiff was traveling East Bound on the Southwest
Freeway. Defendant was traveling in the same direction behind Plaintiff, when suddenly and without
warning, Defendant failed to control his speed and violently rear-ended Plaintiffs vehicle. As a
proximate result of Defendant’s reckless driving, Plaintiff suffered serious and permanent bodily
injuries for which he hereby sues.
V. CAUSES OF ACTION
CAUSES OF ACTION AGAINST DEFENDANT
A. NEGLIGENCE
8. The occurrence made the basis of this suit, reflected in the above paragraphs, and the
resulting injuries and damages of Plaintiff were proximately caused by the negligent conduct of the
Defendant who operated his vehicle with careless and reckless disregard of the duty owed to the
Plaintiff, to exercise the degree of care that a person of ordinary prudence would exercise to avoid
harm to others including, but not limited to, the following acts and omissions:
a. failing to keep a proper lookout for Plaintiff's safety that would have been
maintained by a person of ordinary prudence under the same or similar circumstances;
failing to yield as a person of prudent care would have done;
failing to turn his motor vehicle in an effort to avoid the collision complained of;
failing to operate a motor vehicle as a person using ordinary prudent care would
have done;
operating vehicle in Plaintiff's lane of traffic and failed to give Plaintiff at least
one-half of the roadway;
failing to maintain a clear and reasonable distance between Plaintiffs motor vehicle
and Defendant’s motor vehicle which would permit Defendant to bring each motor
vehicle to a safe stop without colliding into Plaintiffs motor vehicle;
failing to keep such distance away from Plaintiff's motor vehicle as a person using
ordinary prudent care would have done;
operating a motor vehicle at a rate of speed which was greater than that would
have been operated by a person of ordinary prudence under the same or similar
circumstances;
failing to apply the brakes to the motor vehicle in a timely and prudent manner
and/or wholly failing to apply the brakes in order to avoid the collision in question;
failing to blow the horn to warn of imminent danger;
taking no action whatsoever to avoid the collision;
operating a motor vehicle while impaired or distracted, in particular, by a handheld
electronic device (cellphone);
failing to obey the statutes of the State of Texas as they pertain to the operation of a
motor vehicle;
driver fatigue, incompetence, or inattention; and
all other violations of the Texas Drivers Handbook, Texas.
NEGLIGENCE PER SE
9. Further, Defendant failed to exercise the mandatory standard of care in violation of
V.T.C.A. TRANSPORTATION CODE, §545.401 pursuant to the Negligence Per Se Doctrine which
mandates that:
545.401 Reckless Driving Offense:
(a) A person commits an offense if the person drives a motor vehicle in a willful or wanton
disregard for the safety of persons or property.
10. Each of these acts and/or omissions, whether taken singularly or in any combination,
constitutes negligence and negligence per se, and such acts or omissions were the proximate cause of
the underlying collision, injuries and other losses as specifically set forth herein.
VL_ DAMAGES
il. As a direct and proximate result of the above-described acts of negligence of
Defendant, Plaintiff suffered losses, bodily injuries and other damages. Specifically, Plaintiff's
damages are as follows:
A Reasonable medical care and expenses in the past. These expenses were incurred by
Plaintiff for the necessary care and treatment of the injuries resulting from the
underlying collision and/or the aggravation of prior injuries and such charges are
reasonable and were usual and customary charges for such services in Harris County,
Texas;
Reasonable and necessary medical care and expenses which will in all reasonable
probability be incurred in the future;
Physical pain and suffering in the past;
Physical pain and suffering in the future;
Physical impairment in the past;
Physical impairment in the future;
Loss of earnings in the past;
Loss of earning capacity which will, in all probability, be incurred in the future;
Loss of enjoyment in the past;
Loss of enjoyment in the future;
Mental anguish in the past;
Mental anguish in the future;
Loss of consortium;
Disfigurement; and
Property damage, loss of use, diminished value, storage, towing and rental costs.
VII. DEMAND FOR TRIAL BY JURY
12 Plaintiff demands a jury trial and tenders the appropriate fee with this petition.
VIII. NOTICE OF REQUIRED DISCLOSURES
13. Pursuant to Texas Rules of Civil Procedure 194, Defendant is hereby given notice that
each Defendant is required to provide, without awaiting a discovery request, the information and/or
materials described in Rule 194.2, Rule 194.3, and Rule 194.4. Defendant is required to make these
disclosures at or within 30 days after the filing of the first answer unless a different time is set by
the parties’ agreement or court order.
IX. NOTICE OF SELF-AUTHENTICATION
14. Pursuant to TRCP 193.7, Defendant is hereby noticed that the production of any
document in response to written discovery authenticates the document for use against a Defendant in
any pretrial proceeding or at trial, unless—within ten days, or a longer or shorter time ordered by the
court—Defendant objects to the authenticity of the document, or any part of it, stating the specific
basis for each objection. Defense objections must be made on the record or in writing and must have
a good faith factual and legal basis. An objection made to the authenticity of only part of a document
does not affect the authenticity of the remainder.
X. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Defendant
be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered
for the Plaintiff against Defendant for damages in an amount within the jurisdictional limits of the
Court; together with pre-judgment interest (from the date of injury through the date of judgment) 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.
Respectfully submitted,
THE LAW OFFICES OF OMAR KHAWAJA, PLLC
By:
MustTAFA A. LATIF
Texas Bar No. 24104171
x
OMAR KHAWAJ.
Texas Bar No. 24072181
chmon venue, Suite 1065
Houston, Texas 77056
Telephone: 281-888-2339
Facsimile: 713-969-4837
ATTORNEYS FOR PLAINTIFF JAMAL RAFIQUE
***RULE 214 E-MAIL, ‘AN ONLY BE
DELIVERED TO SERVICE
TO ANY OTHER E-MAIL ADDRESS IS NOT ACCEPTED, ***
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.
Omar Khawaja on behalf of Mustafa Latif
Bar No. 24104171
service@attorneyomar.com
Envelope ID: 86675628
Filing Code Description: Petition
Filing Description: Plaintiff's Original Petition
Status as of 4/15/2024 4:10 PM CST
Associated Case Party: Jamal Rafique
Name BarNumber | Email TimestampSubmitted Status
Noemi The Law Offices of Omar KhawajaKimball noemi@attorneyomar.com 4/15/2024 4:06:58 PM SENT
Mustafa A.Latif mustafa@attorneyomar.com 4/15/2024 4:06:58 PM SENT
Omar Khawaja service@attorneyomar.com 4/15/2024 4:06:58 PM SENT
Preview
4/15/2024 4:06 PM Marilyn Burgess - District Clerk Harris County Envelope No. 86675628 2024-24147 / Court: 125 By: Nelson Cuero Filed: 4/15/2024 4:06 PM CAUSE NO. JAMAL RAFIQUE IN THE DISTRICT COURT Plaintiff v, ____ JUDICIAL DISTRICT PAUL WILLIAMS Defendant HARRIS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, JAMAL RAFIQUE, hereinafter referred to as PLAINTIFF, filing this suit against PAUL WILLIAMS hereinafter referred to by name or as DEFENDANT, and for cause of action would respectfully show unto the Court as follows: I. DISCOVERY CONTROL PLAN 1. Plaintiff intends to conduct Level 3 discovery. Plaintiff seeks monetary relief over $250,000.00 but not more than $1,000,000.00. Plaintiff expressly reserves the right to amend the Rule 47 statement of relief if necessary Il. PARTIES 2. Plaintiff is an individual who resides in Texas. 3. Defendant, PAUL WILLIAMS, is an individual residing in Texas. He may be served with process at his residence: 3101 Spencer Hwy Apt. 199, Pasadena, TX 77504, or wherever he may be found. Citation is requested at this time. Il. JURISDICTION AND VENUE 4, This Court has jurisdiction over the subject matter because the amount in controversy is within the jurisdictional limits of this Court. 5. This Court has jurisdiction over the parties because Defendant is a Texas resident. 6. Venue in Harris County is proper pursuant to Section 15.002(a)(1) because all or a substantial portion of the events or omissions giving rise to Plaintiff's causes of action occurred in Harris County. Iv. FACTS 7. On or about April 17, 2022, Plaintiff was traveling East Bound on the Southwest Freeway. Defendant was traveling in the same direction behind Plaintiff, when suddenly and without warning, Defendant failed to control his speed and violently rear-ended Plaintiffs vehicle. As a proximate result of Defendant’s reckless driving, Plaintiff suffered serious and permanent bodily injuries for which he hereby sues. V. CAUSES OF ACTION CAUSES OF ACTION AGAINST DEFENDANT A. NEGLIGENCE 8. The occurrence made the basis of this suit, reflected in the above paragraphs, and the resulting injuries and damages of Plaintiff were proximately caused by the negligent conduct of the Defendant who operated his vehicle with careless and reckless disregard of the duty owed to the Plaintiff, to exercise the degree of care that a person of ordinary prudence would exercise to avoid harm to others including, but not limited to, the following acts and omissions: a. failing to keep a proper lookout for Plaintiff's safety that would have been maintained by a person of ordinary prudence under the same or similar circumstances; failing to yield as a person of prudent care would have done; failing to turn his motor vehicle in an effort to avoid the collision complained of; failing to operate a motor vehicle as a person using ordinary prudent care would have done; operating vehicle in Plaintiff's lane of traffic and failed to give Plaintiff at least one-half of the roadway; failing to maintain a clear and reasonable distance between Plaintiffs motor vehicle and Defendant’s motor vehicle which would permit Defendant to bring each motor vehicle to a safe stop without colliding into Plaintiffs motor vehicle; failing to keep such distance away from Plaintiff's motor vehicle as a person using ordinary prudent care would have done; operating a motor vehicle at a rate of speed which was greater than that would have been operated by a person of ordinary prudence under the same or similar circumstances; failing to apply the brakes to the motor vehicle in a timely and prudent manner and/or wholly failing to apply the brakes in order to avoid the collision in question; failing to blow the horn to warn of imminent danger; taking no action whatsoever to avoid the collision; operating a motor vehicle while impaired or distracted, in particular, by a handheld electronic device (cellphone); failing to obey the statutes of the State of Texas as they pertain to the operation of a motor vehicle; driver fatigue, incompetence, or inattention; and all other violations of the Texas Drivers Handbook, Texas. NEGLIGENCE PER SE 9. Further, Defendant failed to exercise the mandatory standard of care in violation of V.T.C.A. TRANSPORTATION CODE, §545.401 pursuant to the Negligence Per Se Doctrine which mandates that: 545.401 Reckless Driving Offense: (a) A person commits an offense if the person drives a motor vehicle in a willful or wanton disregard for the safety of persons or property. 10. Each of these acts and/or omissions, whether taken singularly or in any combination, constitutes negligence and negligence per se, and such acts or omissions were the proximate cause of the underlying collision, injuries and other losses as specifically set forth herein. VL_ DAMAGES il. As a direct and proximate result of the above-described acts of negligence of Defendant, Plaintiff suffered losses, bodily injuries and other damages. Specifically, Plaintiff's damages are as follows: A Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiff for the necessary care and treatment of the injuries resulting from the underlying collision and/or the aggravation of prior injuries and such charges are reasonable and were usual and customary charges for such services in Harris County, Texas; Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; Physical pain and suffering in the past; Physical pain and suffering in the future; Physical impairment in the past; Physical impairment in the future; Loss of earnings in the past; Loss of earning capacity which will, in all probability, be incurred in the future; Loss of enjoyment in the past; Loss of enjoyment in the future; Mental anguish in the past; Mental anguish in the future; Loss of consortium; Disfigurement; and Property damage, loss of use, diminished value, storage, towing and rental costs. VII. DEMAND FOR TRIAL BY JURY 12 Plaintiff demands a jury trial and tenders the appropriate fee with this petition. VIII. NOTICE OF REQUIRED DISCLOSURES 13. Pursuant to Texas Rules of Civil Procedure 194, Defendant is hereby given notice that each Defendant is required to provide, without awaiting a discovery request, the information and/or materials described in Rule 194.2, Rule 194.3, and Rule 194.4. Defendant is required to make these disclosures at or within 30 days after the filing of the first answer unless a different time is set by the parties’ agreement or court order. IX. NOTICE OF SELF-AUTHENTICATION 14. Pursuant to TRCP 193.7, Defendant is hereby noticed that the production of any document in response to written discovery authenticates the document for use against a Defendant in any pretrial proceeding or at trial, unless—within ten days, or a longer or shorter time ordered by the court—Defendant objects to the authenticity of the document, or any part of it, stating the specific basis for each objection. Defense objections must be made on the record or in writing and must have a good faith factual and legal basis. An objection made to the authenticity of only part of a document does not affect the authenticity of the remainder. X. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendant for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest (from the date of injury through the date of judgment) 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. Respectfully submitted, THE LAW OFFICES OF OMAR KHAWAJA, PLLC By: MustTAFA A. LATIF Texas Bar No. 24104171 x OMAR KHAWAJ. Texas Bar No. 24072181 chmon venue, Suite 1065 Houston, Texas 77056 Telephone: 281-888-2339 Facsimile: 713-969-4837 ATTORNEYS FOR PLAINTIFF JAMAL RAFIQUE ***RULE 214 E-MAIL, ‘AN ONLY BE DELIVERED TO SERVICE TO ANY OTHER E-MAIL ADDRESS IS NOT ACCEPTED, *** 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. Omar Khawaja on behalf of Mustafa Latif Bar No. 24104171 service@attorneyomar.com Envelope ID: 86675628 Filing Code Description: Petition Filing Description: Plaintiff's Original Petition Status as of 4/15/2024 4:10 PM CST Associated Case Party: Jamal Rafique Name BarNumber | Email TimestampSubmitted Status Noemi The Law Offices of Omar KhawajaKimball noemi@attorneyomar.com 4/15/2024 4:06:58 PM SENT Mustafa A.Latif mustafa@attorneyomar.com 4/15/2024 4:06:58 PM SENT Omar Khawaja service@attorneyomar.com 4/15/2024 4:06:58 PM SENT