Preview
FILED
4/22/2024 7:54 PM
JOHN F. WARREN
COUNTY CLERK
DALLAS COUNTY
CC-24-03079-B
CAUSE NO.
NHIA MICHELE ITURRALDE AND § IN THE COUNTY COURT
RICKEY ALLEN SALLEE, IR. §
§
VS. § AT LAW NO. _
§
RIKI LEE SMITH-VAN DUSEN AND §
PROGRESSIVE COUNTY MUTUAL §
INSURANCE COMPANY § DALLAS COUNTY, TEXAS
PLAINTIFFS’ ORIGINAL PETITION
Plaintiffs Nina Michele Iturralde and Rickey Allen Sallee, Jr. ("Plaintiffs") file this
Original Petition complaining of Defendants Riki Lee Smith-Van Dusen and Progressive County
Mutual Insurance Company ("Defendants") and for cause of action state the following:
DISCOVERY CONTROL PLAN
1. Pursuant to Rules 190.1 and 190.4 of the Texas Rules of Civil Procedure, Plaintiffs state
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, Plaintiffs request a
jury trial of this matter. Accordingly, Plaintiffs tender the proper jury fee with the filing of
Plaintiffs’ Original Petition.
PARTIES
3. Plaintiff Nina Michele Iturralde is an individual residing in Dallas County, Texas. The last
three digits of her driver’s license are 784 and the last three digits of her social security
number are 226.
4. Plaintiff Rickey Allen Sallee, Jr. is an individual residing in Dallas County, Texas.
Plaintifi's’ Original Petition - Page 1 of 7
Defendant Riki Lee Smith-Van Dusen is an individual who resides and may be served at
1412 Doris Drive, Mesquite, Texas 75149.
Defendant Progressive County Mutual Insurance Company is an entity doing business in
Texas and may be served by delivering a copy of the citation directed to Defendant and
Plaintiffs’ Original Petition to its registered agent for service of process, CT Corporation
System at 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
VENUE AND JURISDICTION
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
This lawsuit is based on a motor vehicular collision occurring on or about April 12, 2023,
at or near the intersection of President George Bush Highway and E. Renner Road in
Richardson, Texas (hereinafter referred to as "The Collision").
The Collision was proximately caused by the negligence and negligence per se of an
Inadequately Insured Driver, Defendant Riki Lee Smith-Van Dusen. Riki Lee Smith-Van
Dusen is an Inadequately Insured Driver as defined through Plaintiffs’ Insurance Policy
with Defendant Progressive County Mutual Insurance Company.
10. Defendant Progressive County Mutual Insurance Company issued an insurance policy that
provided coverage to Plaintiffs for all damages incurred in a motor-vehicle collision
wherein damages are sustained as a result of an insufficiently insured negligent party
(hereinafter referred to as “The Insurance Policy”).
Plaintifi's’ Original Petition - Page 2 of 7
CAUSES OF ACTION
Negligence and / or Negligence Per Se
11. At the time of The Collision, the Inadequately Insured Driver, Defendant Riki Lee Smith-
Van Dusen 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 her vehicle in order to avoid the collision in
question;
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;
In failing to yield the right-of-way;
In failing to maintain her vehicle under control;
In following too closely;
In disregarding traffic signals;
In failing to take proper evasive action;
In driving while looking at her cell phone, texting, emailing, or otherwise using a
cellular device which diverted her attention from the road in front of her; and
In violating Texas Transportation Code Sections 545.062 (following distance),
545.151 (vehicle approaching or entering intersection), 545.351 (maximum speed
requirement) and 545.4251 (use of portable wireless communication device for
electronic messaging).
12. 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 Plaintiffs’ injuries and damages.
PETITION FOR DECLARATORY RELIEF
13. Based on the foregoing facts and pursuant to the policy of insurance in force and effect
between Plaintiffs and Defendant Progressive County Mutual Insurance Company at the
time of The Collision, Plaintiffs seek a declaratory judgment pursuant to the Texas Civil
Plaintifi's’ Original Petition - Page 3 of 7
Practice and Remedies Code Chapter 37. Plaintiffs seek a declaration construing the
contract of insurance and declaring Plaintiffs’ rights to underinsured motorist coverage.
Specifically, that Plaintiffs are entitled to underinsured benefits from The Collision.
Additionally, Plaintiffs seek attorneys' fees under Chapter 37 of the Texas Civil Practice
and Remedies Code.
14. Plaintiffs also seek a finding that Riki Lee Smith-Van Dusen is an underinsured motorist
under The Insurance Policy, that Plaintiffs are entitled to recover from Defendant
Progressive County Mutual Insurance Company Plaintiffs’ damages resulting from The
Collision, that Plaintiffs’ damages fall within the coverage afforded Plaintiffs under The
Insurance Policy with Defendant Progressive County Mutual Insurance Company, and
specifying the amount of damages, attorneys’ fees, interest, and court costs that Defendant
Progressive County Mutual Insurance Company is obligated to pay.
PERSONAL INJURIES AND DAMAGES
15. As a result of the Inadequately Insured Driver, Defendant Riki Lee Smith-Van Dusen’s
negligent actions, Nina Michele Iturralde suffered personal injuries. Consequently, Nina
Michele Iturralde seeks recovery of the following damages:
a. Medical Expenses: Nina Michele Iturralde incurred bodily injuries which
were caused by The Collision and Nina Michele Iturralde incurred medical
expenses for treatment of such injuries. Nina Michele Iturralde believes
that, in reasonable medical probability such injuries will require the need
for future medical care.
b. Physical Pain: Nina Michele Iturralde 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: Nina Michele Iturralde endured mental anguish as a result
Plaintifi's’ Original Petition - Page 4 of 7
of the personal injuries sustained in The Collision and reasonably
anticipates such mental anguish will continue in the future.
Disfigurement: Nina Michele Iturralde endured disfigurement as a result of
the personal injuries sustained in The Collision and reasonably anticipates
such will continue in the future.
Impairment: Nina Michele Iturralde endured physical impairment as a result
of the personal injuries sustained in The Collision and reasonably
anticipates such in the future.
Loss of Earning Capacity: Nina Michele Iturralde lost wages as a result of
the personal injuries sustained in The Collision. Nina Michele Iturralde
reasonably believes that such injuries will diminish Nina Michele Iturralde's
earning capacity in the fiiture.
As a result of the Inadequately Insured Driver, Defendant Riki Lee Smith-Van Dusen’s
negligent actions, Rickey Allen Sallee, Jr. suffered personal injuries. Consequently, Rickey
Allen Sallee, Jr. seeks recovery of the following damages:
a. Medical Expenses: Rickey Allen Sallee, Jr. incurred bodily injuries Which
were caused by The Collision and Rickey Allen Sallee, Jr. incurred medical
expenses for treatment of such injuries. Rickey Allen Sallee, Jr. believes
that, in reasonable medical probability such injuries will require the need
for future medical care.
Physical Pain: Rickey Allen Sallee, Jr. endured physical pain as a result of
the personal injuries sustained in The Collision and reasonably anticipates
such pain will continue in the fiiture.
Mental Anguish: Rickey Allen Sallee, Jr. 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.
Disfigurement: Rickey Allen Sallee, Jr. endured disfigurement as a result of
the personal injuries sustained in The Collision and reasonably anticipates
such will continue in the future.
Impairment: Rickey Allen Sallee, Jr. endured physical impairment as a
result of the personal injuries sustained in The Collision and reasonably
anticipates such in the fiiture.
Plaintifi's’ Original Petition - Page 5 of 7
f. Loss of Earning Capacitv: Rickey Allen Sallee, Jr. lost wages as a result of
the personal injuries sustained in The Collision. Rickey Allen Sallee, Jr.
reasonably believes that such injuries will diminish Rickey Allen Sallee,
Jr.'s earning capacity in the future.
AGGRAVATION
16. In the alternative, if it be shown that the Plaintiffs 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 Inadequately Insured Driver, Defendant Riki Lee Smith-Van Dusen.
US LIFE TABLES
l7. Notice is hereby given to the Defendants that Plaintiffs intend 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. Plaintiffs request 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
l8. 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 Plaintiffs’ right to recover the relief sought herein
have occurred or have been performed.
19. As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiffs state 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, Plaintiffs state that Plaintiffs seek monetary relief
Plaintifi's’ Original Petition - Page 6 of 7
in excess of $250,000, but less than $1,000,000. As discovery takes place and testimony is
given, Plaintiffs will be in a better position to give the maximum amount of damages
sought.
20. Plaintiffs request that Defendants be cited to appear and answer, and that this case be tried
after which Plaintiffs recover:
a. Judgment against Defendants for a sum within the jurisdictional limits of
this Court for the damages set forth herein;
b. Reasonable and necessary attorneys’ fees;
c. Pre-judgment interest at the maximum amount allowed by law;
d. Post-judgment interest at the maximum rate allowed by law;
e. Costs of suit; and
f. Such other and further relief to which Plaintiffs may be justly entitled.
Respectfillly submitted,
REYES BROWNE LAW
/s/ Christian Andrew “Andv” Truelove
Christian Andrew “Andy” Truelove
State Bar No. 24121173
8222 Douglas Avenue, Suite 400
Dallas, TX 75225
(214) 526-7900
(214) 526-7910 (FAX)
atruelove@reyeslaw.com
ATTORNEYS FOR PLAIN TIFFS
Plaintifi's’ Original Petition - Page 7 of 7
Preview
FILED 4/22/2024 7:54 PM JOHN F. WARREN COUNTY CLERK DALLAS COUNTY CC-24-03079-B CAUSE NO. NHIA MICHELE ITURRALDE AND § IN THE COUNTY COURT RICKEY ALLEN SALLEE, IR. § § VS. § AT LAW NO. _ § RIKI LEE SMITH-VAN DUSEN AND § PROGRESSIVE COUNTY MUTUAL § INSURANCE COMPANY § DALLAS COUNTY, TEXAS PLAINTIFFS’ ORIGINAL PETITION Plaintiffs Nina Michele Iturralde and Rickey Allen Sallee, Jr. ("Plaintiffs") file this Original Petition complaining of Defendants Riki Lee Smith-Van Dusen and Progressive County Mutual Insurance Company ("Defendants") and for cause of action state the following: DISCOVERY CONTROL PLAN 1. Pursuant to Rules 190.1 and 190.4 of the Texas Rules of Civil Procedure, Plaintiffs state 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, Plaintiffs request a jury trial of this matter. Accordingly, Plaintiffs tender the proper jury fee with the filing of Plaintiffs’ Original Petition. PARTIES 3. Plaintiff Nina Michele Iturralde is an individual residing in Dallas County, Texas. The last three digits of her driver’s license are 784 and the last three digits of her social security number are 226. 4. Plaintiff Rickey Allen Sallee, Jr. is an individual residing in Dallas County, Texas. Plaintifi's’ Original Petition - Page 1 of 7 Defendant Riki Lee Smith-Van Dusen is an individual who resides and may be served at 1412 Doris Drive, Mesquite, Texas 75149. Defendant Progressive County Mutual Insurance Company is an entity doing business in Texas and may be served by delivering a copy of the citation directed to Defendant and Plaintiffs’ Original Petition to its registered agent for service of process, CT Corporation System at 1999 Bryan Street, Suite 900, Dallas, Texas 75201. VENUE AND JURISDICTION 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 This lawsuit is based on a motor vehicular collision occurring on or about April 12, 2023, at or near the intersection of President George Bush Highway and E. Renner Road in Richardson, Texas (hereinafter referred to as "The Collision"). The Collision was proximately caused by the negligence and negligence per se of an Inadequately Insured Driver, Defendant Riki Lee Smith-Van Dusen. Riki Lee Smith-Van Dusen is an Inadequately Insured Driver as defined through Plaintiffs’ Insurance Policy with Defendant Progressive County Mutual Insurance Company. 10. Defendant Progressive County Mutual Insurance Company issued an insurance policy that provided coverage to Plaintiffs for all damages incurred in a motor-vehicle collision wherein damages are sustained as a result of an insufficiently insured negligent party (hereinafter referred to as “The Insurance Policy”). Plaintifi's’ Original Petition - Page 2 of 7 CAUSES OF ACTION Negligence and / or Negligence Per Se 11. At the time of The Collision, the Inadequately Insured Driver, Defendant Riki Lee Smith- Van Dusen 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 her vehicle in order to avoid the collision in question; 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; In failing to yield the right-of-way; In failing to maintain her vehicle under control; In following too closely; In disregarding traffic signals; In failing to take proper evasive action; In driving while looking at her cell phone, texting, emailing, or otherwise using a cellular device which diverted her attention from the road in front of her; and In violating Texas Transportation Code Sections 545.062 (following distance), 545.151 (vehicle approaching or entering intersection), 545.351 (maximum speed requirement) and 545.4251 (use of portable wireless communication device for electronic messaging). 12. 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 Plaintiffs’ injuries and damages. PETITION FOR DECLARATORY RELIEF 13. Based on the foregoing facts and pursuant to the policy of insurance in force and effect between Plaintiffs and Defendant Progressive County Mutual Insurance Company at the time of The Collision, Plaintiffs seek a declaratory judgment pursuant to the Texas Civil Plaintifi's’ Original Petition - Page 3 of 7 Practice and Remedies Code Chapter 37. Plaintiffs seek a declaration construing the contract of insurance and declaring Plaintiffs’ rights to underinsured motorist coverage. Specifically, that Plaintiffs are entitled to underinsured benefits from The Collision. Additionally, Plaintiffs seek attorneys' fees under Chapter 37 of the Texas Civil Practice and Remedies Code. 14. Plaintiffs also seek a finding that Riki Lee Smith-Van Dusen is an underinsured motorist under The Insurance Policy, that Plaintiffs are entitled to recover from Defendant Progressive County Mutual Insurance Company Plaintiffs’ damages resulting from The Collision, that Plaintiffs’ damages fall within the coverage afforded Plaintiffs under The Insurance Policy with Defendant Progressive County Mutual Insurance Company, and specifying the amount of damages, attorneys’ fees, interest, and court costs that Defendant Progressive County Mutual Insurance Company is obligated to pay. PERSONAL INJURIES AND DAMAGES 15. As a result of the Inadequately Insured Driver, Defendant Riki Lee Smith-Van Dusen’s negligent actions, Nina Michele Iturralde suffered personal injuries. Consequently, Nina Michele Iturralde seeks recovery of the following damages: a. Medical Expenses: Nina Michele Iturralde incurred bodily injuries which were caused by The Collision and Nina Michele Iturralde incurred medical expenses for treatment of such injuries. Nina Michele Iturralde believes that, in reasonable medical probability such injuries will require the need for future medical care. b. Physical Pain: Nina Michele Iturralde 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: Nina Michele Iturralde endured mental anguish as a result Plaintifi's’ Original Petition - Page 4 of 7 of the personal injuries sustained in The Collision and reasonably anticipates such mental anguish will continue in the future. Disfigurement: Nina Michele Iturralde endured disfigurement as a result of the personal injuries sustained in The Collision and reasonably anticipates such will continue in the future. Impairment: Nina Michele Iturralde endured physical impairment as a result of the personal injuries sustained in The Collision and reasonably anticipates such in the future. Loss of Earning Capacity: Nina Michele Iturralde lost wages as a result of the personal injuries sustained in The Collision. Nina Michele Iturralde reasonably believes that such injuries will diminish Nina Michele Iturralde's earning capacity in the fiiture. As a result of the Inadequately Insured Driver, Defendant Riki Lee Smith-Van Dusen’s negligent actions, Rickey Allen Sallee, Jr. suffered personal injuries. Consequently, Rickey Allen Sallee, Jr. seeks recovery of the following damages: a. Medical Expenses: Rickey Allen Sallee, Jr. incurred bodily injuries Which were caused by The Collision and Rickey Allen Sallee, Jr. incurred medical expenses for treatment of such injuries. Rickey Allen Sallee, Jr. believes that, in reasonable medical probability such injuries will require the need for future medical care. Physical Pain: Rickey Allen Sallee, Jr. endured physical pain as a result of the personal injuries sustained in The Collision and reasonably anticipates such pain will continue in the fiiture. Mental Anguish: Rickey Allen Sallee, Jr. 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. Disfigurement: Rickey Allen Sallee, Jr. endured disfigurement as a result of the personal injuries sustained in The Collision and reasonably anticipates such will continue in the future. Impairment: Rickey Allen Sallee, Jr. endured physical impairment as a result of the personal injuries sustained in The Collision and reasonably anticipates such in the fiiture. Plaintifi's’ Original Petition - Page 5 of 7 f. Loss of Earning Capacitv: Rickey Allen Sallee, Jr. lost wages as a result of the personal injuries sustained in The Collision. Rickey Allen Sallee, Jr. reasonably believes that such injuries will diminish Rickey Allen Sallee, Jr.'s earning capacity in the future. AGGRAVATION 16. In the alternative, if it be shown that the Plaintiffs 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 Inadequately Insured Driver, Defendant Riki Lee Smith-Van Dusen. US LIFE TABLES l7. Notice is hereby given to the Defendants that Plaintiffs intend 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. Plaintiffs request 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 l8. 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 Plaintiffs’ right to recover the relief sought herein have occurred or have been performed. 19. As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiffs state 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, Plaintiffs state that Plaintiffs seek monetary relief Plaintifi's’ Original Petition - Page 6 of 7 in excess of $250,000, but less than $1,000,000. As discovery takes place and testimony is given, Plaintiffs will be in a better position to give the maximum amount of damages sought. 20. Plaintiffs request that Defendants be cited to appear and answer, and that this case be tried after which Plaintiffs recover: a. Judgment against Defendants for a sum within the jurisdictional limits of this Court for the damages set forth herein; b. Reasonable and necessary attorneys’ fees; c. Pre-judgment interest at the maximum amount allowed by law; d. Post-judgment interest at the maximum rate allowed by law; e. Costs of suit; and f. Such other and further relief to which Plaintiffs may be justly entitled. Respectfillly submitted, REYES BROWNE LAW /s/ Christian Andrew “Andv” Truelove Christian Andrew “Andy” Truelove State Bar No. 24121173 8222 Douglas Avenue, Suite 400 Dallas, TX 75225 (214) 526-7900 (214) 526-7910 (FAX) atruelove@reyeslaw.com ATTORNEYS FOR PLAIN TIFFS Plaintifi's’ Original Petition - Page 7 of 7