Preview
4/26/2024 1:45 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 87112322
2024-26999 / Court: 295 By: Nelson Cuero
Filed: 4/26/2024 1:45 PM
Cause No.
Jennifer Lemus, In the District Court
Plaintiff
Vv Judicial District
Xuyen Vu,
Defendant Harris County, Texas
Plaintiff's Original Petition and Jury Demand
Plaintiff Jennifer Lemus (“Plaintiff”) complains of Defendant Xuyen Vu (“Defendant”)
and would respectfully show the Court that
I
Discovery Control Plan
1.1 Plaintiff intends to conduct discovery in this matter under Level 3 of the Texas Rules of
Civil Procedure.
IL.
Jurisdiction and Venue
21 The claims asserted arise under the common law of Texas. This Court has jurisdiction and
venue is proper because all or a substantial part of the events or omissions giving rise to the claim
occurred in Harris County, Texas.
Til.
Statement Regarding Monetary Relief Sought
3.1 Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiff seeks monetary relief over
$250,000.00 but not more than $1,000,000.00, including damages of any kind, penalties, costs,
expenses, pre-judgment interest, and judgment for all other relief to which Plaintiff is justly
entitled. Plaintiff expressly reserves the right to amend this Rule 47 statement of relief if necessary.
Iv.
Parties
41 Plaintiff Jennifer Lemus is an individual who resides in Harris County, Texas
42 Defendant Xuyen Vu is an individual who resides in Harris County, Texas. Defendant may
be served at his residence, 9319 Hudson Bend Cir, Houston, Texas 77095 or wherever he may be
found.
Vv.
Facts
5.1 This lawsuit is necessary as a result of personal injuries that the Plaintiff received on or
about April 20, 2023. At that time, Plaintiff was lawfully traveling southbound in the far-right
hand lane of State Highway 6 North at the intersection of Huffmeister Road in Harris County,
Texas. Subsequently, Defendant, while traveling eastbound on Huffmeister Road, ran a red light
at the intersection and violently struck Plaintiff's vehicle. As a direct result of Defendant’s
negligence, Plaintiff suffered physical injuries and property damages.
VI.
Negligence of Defendant
6.1 Defendant had a duty to exercise ordinary care and operate his motor vehicle reasonably
and prudently on the day of the incident that forms the basis of this lawsuit. Defendant breached
his duty in one or more of the following ways:
a. Failed to obey a lawful traffic signal;
b Failed to maintain lane;
Failed to control vehicle’s speed;
Failed to operate the vehicle safely;
Failed to keep a proper lookout;
Failed to timely apply brakes;
Failed to take proper evasive action;
Failed to yield the right of way;
Failed to keep a safe distance from Plaintiff’ s vehicle;
Failed to operate the vehicle free from distractions, including use of cellular
device;
k Failed to operate the vehicle free from the influence of drugs or alcohol;
1 Other acts so deemed negligent.
6.2 Defendant’s acts of omission and commission, which constituted negligence, were a
proximate cause of Plaintiff’s injuries.
VIL.
Damage:
71 By virtue of the actions and conduct of the Defendant set forth above, Plaintiff was
seriously injured and is entitled to recover the following damages.
a. Past and future medical expenses;
b Past and future pain, suffering and mental anguish;
Past and future physical impairment;
Past and future physical disfigurement;
€. Past lost wages and future loss of earning capacity.
f. Property damages (including loss-of-use, cost of repairs, and diminished value)
7.2 For the above reasons, Plaintiff is entitled to recover damages from the Defendant in an
amount within the jurisdictional limits of this Court as well as pre- and post-judgment interest.
VII.
Jury Demand
8.1 Plaintiff hereby demands a trial by jury and pays the appropriate jury fee.
IX.
Rule 193.7 Notice
91 Plaintiff hereby gives actual notice to Defendant that any and all documents produced may
be used against Defendant at any pre-trial proceeding and/or at trial of this matter without the
necessity of authenticating the documents
Xx.
Designated E-Service E-Mail Addres:
10.1 The following is the undersigned attorney’s designated e-service email address for all e-
served documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21(f)(2) & 21(a):
eservice@thehuynhlawfirm.com. This is the undersigned’s only e-service email address, and
ervice through any other email address will be considered invalid
XI.
Required Disclosure:
11.1 Pursuant to Texas Rules of Civil Procedure 194(a), each Defendant is required to disclose,
within thirty (30) days of the filing of the first answer, the information or material described in
Rule 194.2(b)1-12. Any Defendant that is served or otherwise joined after the filing of the first
answer must make their initial disclosures within thirty (30) days after being served or joined.
XI.
Prayer
For the above reasons, Plaintiff prays that she obtains judgment against Defendant with
interest on the judgment at the legal rate, pre-judgment interest, costs of court, and for such other
relief, both in law and equity, to which Plaintiff
is justly entitled
[SIGNATURE BLOCK FOLLOWS ON NEXT PAGE]
Respectfully submitted,
THE HUYNH LAW FIRM, PLLC
4s/ Sarah Y-Nhi Huynh
SARAH Y-NHI HUYNH
SBN: 24092558
shuynh@huynhlaw.com
PAVEL “PAUL” SAVINOV
SBN: 24086698
savinov@huynhlaw.com
MICHAEL ALVAREZ
SBN: 24068754
malvarez@huynhlaw.com
6100 Corporate Drive, Suite 110
Houston, Texas 77036
Tel.: (281) 702-8128
Fax: (281) 712-7170
E-Service E-mail: eservice@huynhlaw.com
ATTORNEYS FOR PLAINTIFF
COURTESY NOTICE TO INSURED DEFENDANTS
IF YOU HAD INSURANCE AT THE TIME OF THIS CRASH, IMMEDIATELY FORWARD
A COPY OF THIS ORIGINAL PETITION (LAWSUIT) TO YOUR INSURANCE COMPANY
FOR HANDLING.
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.
"Sarah" Ynhi Huynh
Bar No. 24092558
shuynh@thehuynhlawfirm.com
Envelope ID: 87112322
Filing Code Description: Petition
Filing Description: Plaintiffs Original Petition and Jury Demand
Status as of 4/26/2024 2:07 PM CST
Associated Case Party: Jennifer Lemus
Name BarNumber | Email TimestampSubmitted | Status
"Sarah" Y-Nhi Huynh eservice@huynhlaw.com | 4/26/2024 1:45:51 PM | SENT
Preview
4/26/2024 1:45 PM Marilyn Burgess - District Clerk Harris County Envelope No. 87112322 2024-26999 / Court: 295 By: Nelson Cuero Filed: 4/26/2024 1:45 PM Cause No. Jennifer Lemus, In the District Court Plaintiff Vv Judicial District Xuyen Vu, Defendant Harris County, Texas Plaintiff's Original Petition and Jury Demand Plaintiff Jennifer Lemus (“Plaintiff”) complains of Defendant Xuyen Vu (“Defendant”) and would respectfully show the Court that I Discovery Control Plan 1.1 Plaintiff intends to conduct discovery in this matter under Level 3 of the Texas Rules of Civil Procedure. IL. Jurisdiction and Venue 21 The claims asserted arise under the common law of Texas. This Court has jurisdiction and venue is proper because all or a substantial part of the events or omissions giving rise to the claim occurred in Harris County, Texas. Til. Statement Regarding Monetary Relief Sought 3.1 Pursuant to Texas Rule of Civil Procedure 47(c), Plaintiff seeks monetary relief over $250,000.00 but not more than $1,000,000.00, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and judgment for all other relief to which Plaintiff is justly entitled. Plaintiff expressly reserves the right to amend this Rule 47 statement of relief if necessary. Iv. Parties 41 Plaintiff Jennifer Lemus is an individual who resides in Harris County, Texas 42 Defendant Xuyen Vu is an individual who resides in Harris County, Texas. Defendant may be served at his residence, 9319 Hudson Bend Cir, Houston, Texas 77095 or wherever he may be found. Vv. Facts 5.1 This lawsuit is necessary as a result of personal injuries that the Plaintiff received on or about April 20, 2023. At that time, Plaintiff was lawfully traveling southbound in the far-right hand lane of State Highway 6 North at the intersection of Huffmeister Road in Harris County, Texas. Subsequently, Defendant, while traveling eastbound on Huffmeister Road, ran a red light at the intersection and violently struck Plaintiff's vehicle. As a direct result of Defendant’s negligence, Plaintiff suffered physical injuries and property damages. VI. Negligence of Defendant 6.1 Defendant had a duty to exercise ordinary care and operate his motor vehicle reasonably and prudently on the day of the incident that forms the basis of this lawsuit. Defendant breached his duty in one or more of the following ways: a. Failed to obey a lawful traffic signal; b Failed to maintain lane; Failed to control vehicle’s speed; Failed to operate the vehicle safely; Failed to keep a proper lookout; Failed to timely apply brakes; Failed to take proper evasive action; Failed to yield the right of way; Failed to keep a safe distance from Plaintiff’ s vehicle; Failed to operate the vehicle free from distractions, including use of cellular device; k Failed to operate the vehicle free from the influence of drugs or alcohol; 1 Other acts so deemed negligent. 6.2 Defendant’s acts of omission and commission, which constituted negligence, were a proximate cause of Plaintiff’s injuries. VIL. Damage: 71 By virtue of the actions and conduct of the Defendant set forth above, Plaintiff was seriously injured and is entitled to recover the following damages. a. Past and future medical expenses; b Past and future pain, suffering and mental anguish; Past and future physical impairment; Past and future physical disfigurement; €. Past lost wages and future loss of earning capacity. f. Property damages (including loss-of-use, cost of repairs, and diminished value) 7.2 For the above reasons, Plaintiff is entitled to recover damages from the Defendant in an amount within the jurisdictional limits of this Court as well as pre- and post-judgment interest. VII. Jury Demand 8.1 Plaintiff hereby demands a trial by jury and pays the appropriate jury fee. IX. Rule 193.7 Notice 91 Plaintiff hereby gives actual notice to Defendant that any and all documents produced may be used against Defendant at any pre-trial proceeding and/or at trial of this matter without the necessity of authenticating the documents Xx. Designated E-Service E-Mail Addres: 10.1 The following is the undersigned attorney’s designated e-service email address for all e- served documents and notices, filed and unfiled, pursuant to Tex. R. Civ. P. 21(f)(2) & 21(a): eservice@thehuynhlawfirm.com. This is the undersigned’s only e-service email address, and ervice through any other email address will be considered invalid XI. Required Disclosure: 11.1 Pursuant to Texas Rules of Civil Procedure 194(a), each Defendant is required to disclose, within thirty (30) days of the filing of the first answer, the information or material described in Rule 194.2(b)1-12. Any Defendant that is served or otherwise joined after the filing of the first answer must make their initial disclosures within thirty (30) days after being served or joined. XI. Prayer For the above reasons, Plaintiff prays that she obtains judgment against Defendant with interest on the judgment at the legal rate, pre-judgment interest, costs of court, and for such other relief, both in law and equity, to which Plaintiff is justly entitled [SIGNATURE BLOCK FOLLOWS ON NEXT PAGE] Respectfully submitted, THE HUYNH LAW FIRM, PLLC 4s/ Sarah Y-Nhi Huynh SARAH Y-NHI HUYNH SBN: 24092558 shuynh@huynhlaw.com PAVEL “PAUL” SAVINOV SBN: 24086698 savinov@huynhlaw.com MICHAEL ALVAREZ SBN: 24068754 malvarez@huynhlaw.com 6100 Corporate Drive, Suite 110 Houston, Texas 77036 Tel.: (281) 702-8128 Fax: (281) 712-7170 E-Service E-mail: eservice@huynhlaw.com ATTORNEYS FOR PLAINTIFF COURTESY NOTICE TO INSURED DEFENDANTS IF YOU HAD INSURANCE AT THE TIME OF THIS CRASH, IMMEDIATELY FORWARD A COPY OF THIS ORIGINAL PETITION (LAWSUIT) TO YOUR INSURANCE COMPANY FOR HANDLING. 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. "Sarah" Ynhi Huynh Bar No. 24092558 shuynh@thehuynhlawfirm.com Envelope ID: 87112322 Filing Code Description: Petition Filing Description: Plaintiffs Original Petition and Jury Demand Status as of 4/26/2024 2:07 PM CST Associated Case Party: Jennifer Lemus Name BarNumber | Email TimestampSubmitted | Status "Sarah" Y-Nhi Huynh eservice@huynhlaw.com | 4/26/2024 1:45:51 PM | SENT