On April 25, 2024 a
Complaint,Petition
was filed
involving a dispute between
Ramirez, Concepcion,
and
Pitts , Amani,
for MOTOR VEHICLE ACCIDENT
in the District Court of Dallas County.
Preview
FILED
1 CIT / ESERVE 4’25F’EEEé/3fififig
JURY DEMAND DISTRICT CLERK
DALLAS 00., TEXAS
Fernando Soto DEPUTY
DC-24-O5837
CAUSE NO.:
CONCEPCION RAMIREZ; § IN THE DISTRICT COURT OF
§
Plaintiff, §
§
VS. § DALLAS COUNTY, TEXAS
§
AMANI PITTS; § 192nd
§
Defendant. § JUDICIAL DISTRICT
MNTIFF'S ORIGINflTITION
Plaintiff Concepcion Ramirez files Plaintiff's Original Petition complaining of
Defendant Amani Pitts.
I. DISCOVERY CONTROL PLAN
Discovery is intended to be conducted under Level 3 pursuant to Rule 190 of the
TEXAS RULES OF CIVIL PROCEDURE.
ll. RULE 47 PLEADING REQUIREMENTS
As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff's counsel 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 counsel states that
Plaintiff seek monetary relief of over $250,000 but not more than $1,000,000. The amount
of monetary relief actually awarded, however, will ultimately be determined by a jury.
Additionally, Plaintiff seeks non-monetary relief by way of a declaratory judgment. Plaintiff
also seeks pre-judgment and post-judgment interest at the highest legal rate.
Ill. PARTIES
Plaintiff Concepcion Ramirez is an individual resident of Dallas, Dallas County,
Texas. Her driver’s license number is *****645 and her Social Security Number is ***-**-
*817.
PLAINTIFF'S ORIGINAL PETITION - Page 1
Defendant Amani Pitts is an individual resident of Grand Prairie, Dallas County,
Texas and may be served with process at 721 Finland Ave, Grand Prairie, Texas 75050.
IV. JURISDICTION AND VENUE
The court has jurisdiction over the cause because the amount in controversy is
within the jurisdictional limits of the court.
This Court has venue over the parties to this action since the incident complained of
herein occurred in Dallas County, Texas. Venue therefore is proper in Dallas County,
Texas pursuant to the TEXAS CIVIL PRACTICE & REMEDIES CODE §15.002.
V. FACTS
This lawsuit arises out of a motor vehicle collision that occurred on or about Friday,
January 13, 2023, at or near the intersection of 3100 Block of North Beltline Road, within
the city limits of Irving, Dallas County, Texas. Plaintiff was operating her vehicle
southbound on North Beltline Road in the far-left lane. Defendant Amani Pitts was
operating her vehicle southbound on North Beltline Road in the middle-left lane.
Defendant Amani Pitts made an unsafe lane change into Plaintiff's lane and collided hard
with the back driver side of Plaintiff's vehicle. As a result of the collision, Plaintiff was
injured and continues to suffer injuries and damages from this incident.
VI. CAUSES OF ACTION
NEGLIGENCE - AMANI PITI'S
At the time of the motor vehicle collision, Defendant Amani Pitts was operating her
vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and
operate her vehicle reasonably and prudently. Defendant breached that duty in one or
more of the following respects:
1. Failing to keep such proper lookout and attention to the roadway as a person of
ordinary prudence would have kept under the same or similar circumstances;
2. Changing lanes when unsafe to do so;
PLAINTIFF'S ORIGINAL PETITION - Page 2
3. Failing to drive in a single lane;
4. Failing to keep an assured safe distance from Plaintiff's vehicle;
5. Failing to timely apply the brakes of her vehicle in order to avoid the collision in
question; and
6. Failing to operate her vehicle at a safe speed.
Each of the foregoing acts and/or omissions, taken together or individually,
constitute negligence and each proximately caused the collision and the injuries and
damages sustained by Plaintiff.
VII. DAMAGES
As a proximate result of Defendant's negligence, Plaintiff suffered extensive injuries
and damages. As a result of Plaintiff's injuries, Plaintiff suffered the following damages:
1. Medical expenses in the past and future;
2. Physical impairment in the past and future;
3. Physical pain and suffering in the past and future; and
4. Mental anguish in the past and future.
VIII. INTENT T0 USE DEFENDANT'S DOCUMENTS
Plaintiff hereby gives notice of intent to utilize items produced in discovery against
the party producing same. The authenticity of such items is self-proven per TRCP 193.7.
IX. JURY TRIAL
Plaintiff demands a trial by jury and include the appropriate jury fees.
X. U.S. LIFE TABLES
Notice is hereby given to the Defendant that Plaintiff intends to use the U.S. Life
Tables as prepared by the Department of Health and Human Services.
PLAINTIFF'S ORIGINAL PETITION - Page 3
XI. RELIEF
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant be
cited to appear and answer herein, and that upon final hearing thereof, Plaintiff recovers
judgment against Defendant for:
1. Plaintiff's past medical expenses, which are reasonable and customary for the
medical care received by Plaintiff;
2. Plaintiff's future medical expenses;
3. Plaintiff's physical pain and suffering in the past and future in an amount to be
determined by the jury;
4. Plaintiff's mental anguish in the past and future in an amount to be determined
by the jury;
5. Plaintiff's physical impairment in the past and future in an amount to be
determined by the jury;
6. Interest on the judgment at the legal rate from the date of judgment;
7. Pre-judgment interest on Plaintiff's damages as allowed by law;
8. All costs of court; and
9. Such other and further relief to which Plaintiff may be justly entitled.
Respectfully submitted,
WITHERITE LAW GROUP, PLLC
/s/James Sung
By: JAMES SUNG
State Bar No. 24097161
james.sung@witherite|aw.com
10440 N. Central Expy, Suite 400
Dallas, TX 75231
(214) 378-6665
ATTORNEY FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION - Page 4
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.
Karen Bohlen on behalf of James Sung
Bar No. 24097161
karen.bohlen@witheritelaw.com
Envelope ID: 87048487
Filing Code Description: Original Petition
Filing Description:
Status as of 4/25/2024 2:47 PM CST
Associated Case Party: CONCEPCION RAMIREZ
Name BarNumber Email TimestampSubmitted Status
James Sung james.sung@witheritelaw.com 4/25/2024 9:48:15 AM SENT
Karen Bohlen karen.bohlen@witheritelaw.com 4/25/2024 9:48:15 AM SENT
Document Filed Date
April 25, 2024
Case Filing Date
April 25, 2024
Category
MOTOR VEHICLE ACCIDENT
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FILED 1 CIT / ESERVE 4’25F’EEEé/3fififig JURY DEMAND DISTRICT CLERK DALLAS 00., TEXAS Fernando Soto DEPUTY DC-24-O5837 CAUSE NO.: CONCEPCION RAMIREZ; § IN THE DISTRICT COURT OF § Plaintiff, § § VS. § DALLAS COUNTY, TEXAS § AMANI PITTS; § 192nd § Defendant. § JUDICIAL DISTRICT MNTIFF'S ORIGINflTITION Plaintiff Concepcion Ramirez files Plaintiff's Original Petition complaining of Defendant Amani Pitts. I. DISCOVERY CONTROL PLAN Discovery is intended to be conducted under Level 3 pursuant to Rule 190 of the TEXAS RULES OF CIVIL PROCEDURE. ll. RULE 47 PLEADING REQUIREMENTS As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff's counsel 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 counsel states that Plaintiff seek monetary relief of over $250,000 but not more than $1,000,000. The amount of monetary relief actually awarded, however, will ultimately be determined by a jury. Additionally, Plaintiff seeks non-monetary relief by way of a declaratory judgment. Plaintiff also seeks pre-judgment and post-judgment interest at the highest legal rate. Ill. PARTIES Plaintiff Concepcion Ramirez is an individual resident of Dallas, Dallas County, Texas. Her driver’s license number is *****645 and her Social Security Number is ***-**- *817. PLAINTIFF'S ORIGINAL PETITION - Page 1 Defendant Amani Pitts is an individual resident of Grand Prairie, Dallas County, Texas and may be served with process at 721 Finland Ave, Grand Prairie, Texas 75050. IV. JURISDICTION AND VENUE The court has jurisdiction over the cause because the amount in controversy is within the jurisdictional limits of the court. This Court has venue over the parties to this action since the incident complained of herein occurred in Dallas County, Texas. Venue therefore is proper in Dallas County, Texas pursuant to the TEXAS CIVIL PRACTICE & REMEDIES CODE §15.002. V. FACTS This lawsuit arises out of a motor vehicle collision that occurred on or about Friday, January 13, 2023, at or near the intersection of 3100 Block of North Beltline Road, within the city limits of Irving, Dallas County, Texas. Plaintiff was operating her vehicle southbound on North Beltline Road in the far-left lane. Defendant Amani Pitts was operating her vehicle southbound on North Beltline Road in the middle-left lane. Defendant Amani Pitts made an unsafe lane change into Plaintiff's lane and collided hard with the back driver side of Plaintiff's vehicle. As a result of the collision, Plaintiff was injured and continues to suffer injuries and damages from this incident. VI. CAUSES OF ACTION NEGLIGENCE - AMANI PITI'S At the time of the motor vehicle collision, Defendant Amani Pitts was operating her vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and operate her vehicle reasonably and prudently. Defendant breached that duty in one or more of the following respects: 1. Failing to keep such proper lookout and attention to the roadway as a person of ordinary prudence would have kept under the same or similar circumstances; 2. Changing lanes when unsafe to do so; PLAINTIFF'S ORIGINAL PETITION - Page 2 3. Failing to drive in a single lane; 4. Failing to keep an assured safe distance from Plaintiff's vehicle; 5. Failing to timely apply the brakes of her vehicle in order to avoid the collision in question; and 6. Failing to operate her vehicle at a safe speed. Each of the foregoing acts and/or omissions, taken together or individually, constitute negligence and each proximately caused the collision and the injuries and damages sustained by Plaintiff. VII. DAMAGES As a proximate result of Defendant's negligence, Plaintiff suffered extensive injuries and damages. As a result of Plaintiff's injuries, Plaintiff suffered the following damages: 1. Medical expenses in the past and future; 2. Physical impairment in the past and future; 3. Physical pain and suffering in the past and future; and 4. Mental anguish in the past and future. VIII. INTENT T0 USE DEFENDANT'S DOCUMENTS Plaintiff hereby gives notice of intent to utilize items produced in discovery against the party producing same. The authenticity of such items is self-proven per TRCP 193.7. IX. JURY TRIAL Plaintiff demands a trial by jury and include the appropriate jury fees. X. U.S. LIFE TABLES Notice is hereby given to the Defendant that Plaintiff intends to use the U.S. Life Tables as prepared by the Department of Health and Human Services. PLAINTIFF'S ORIGINAL PETITION - Page 3 XI. RELIEF WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendant be cited to appear and answer herein, and that upon final hearing thereof, Plaintiff recovers judgment against Defendant for: 1. Plaintiff's past medical expenses, which are reasonable and customary for the medical care received by Plaintiff; 2. Plaintiff's future medical expenses; 3. Plaintiff's physical pain and suffering in the past and future in an amount to be determined by the jury; 4. Plaintiff's mental anguish in the past and future in an amount to be determined by the jury; 5. Plaintiff's physical impairment in the past and future in an amount to be determined by the jury; 6. Interest on the judgment at the legal rate from the date of judgment; 7. Pre-judgment interest on Plaintiff's damages as allowed by law; 8. All costs of court; and 9. Such other and further relief to which Plaintiff may be justly entitled. Respectfully submitted, WITHERITE LAW GROUP, PLLC /s/James Sung By: JAMES SUNG State Bar No. 24097161 james.sung@witherite|aw.com 10440 N. Central Expy, Suite 400 Dallas, TX 75231 (214) 378-6665 ATTORNEY FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION - Page 4 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. Karen Bohlen on behalf of James Sung Bar No. 24097161 karen.bohlen@witheritelaw.com Envelope ID: 87048487 Filing Code Description: Original Petition Filing Description: Status as of 4/25/2024 2:47 PM CST Associated Case Party: CONCEPCION RAMIREZ Name BarNumber Email TimestampSubmitted Status James Sung james.sung@witheritelaw.com 4/25/2024 9:48:15 AM SENT Karen Bohlen karen.bohlen@witheritelaw.com 4/25/2024 9:48:15 AM SENT