Preview
Filed: 4/30/2024 12:54 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 87213704
By: Shailja Dixit
5/1/2024 8:08 AM
24-CV-0708
CAUSE NO. ___________
EVETT COMPTON and DAWANA § IN THE DISTRICT COURT OF
HAYES §
Plaintiff, §
§ GALVESTON COUNTY, TEXAS
v. § Galveston County - 56th District Court
§
TNT CRANE & RIGGING, INC and § ________ JUDICIAL DISTRICT
CALEB ANTHONY BOUSE
Defendant.
PLAINTIFF’S ORIGINAL PETITION
Plaintiffs Evett Compton and Dawana Hayes (hereinafter “Plaintiffs”) file their Original
Petition against Defendants TNT Crane & Rigging, Inc. and Caleb Anthony Bouse (hereinafter
“Defendants”).
I.
NATURE OF THE LITIGATION
Defendants’ negligence in the operation and driving of their vehicle caused a crash that
injured Evett Compton and Dawana Hayes on June 26, 2022, in Houston, Texas.
II.
DISCOVERY CONTROL PLAN & RULE COMPLIANCE
Pursuant to Rule 190.3 of the Texas Rules of Civil Procedure, Level 2 shall control the
discovery of this case until the Court issues a discovery control plan under rule 190.4. Plaintiffs
contend that the jury is the sole decision maker on the amount of damages suffered by Plaintiffs,
but as required by Texas Rules of Civil Procedure 47, Plaintiffs seek monetary relief less than
$200,000 including damages of any kind, penalties, costs, expenses, pre-judgment interest and
attorney’s fees. In compliance with §30.014 of the Texas Civil Practice & Remedies Code, the last
three digits of Plaintiff Evett Compton’s Social Security number are ###-##-#830 and the last three
digits of her Texas Driver’s License are #####307. The last three digits of Plaintiff Dawana Hayes’
Social Security number are ###-##-#137 and the last three digits of her Texas Driver’s License are
#####309.
Status Conference - 08/01/2024
III.
PARTIES
Plaintiff Evett Compton is a resident of Galveston County, Texas.
Plaintiff Dawana Hayes is a resident of Galveston County, Texas.
Defendant TNT Crane & Rigging, Inc. is a corporation incorporated under the laws of
Texas, with its principal place of business in Harris County, Texas. Defendant TNT Crane &
Rigging, Inc. may be served with process by serving its registered agent for service of process,
Capitol Corporate Services, Inc. at 1501 S. Mopac Expressway, Suite 220, Austin, Texas 78746.
Citation is requested so that a private process server can serve citation on Defendant TNT Crane
& Rigging, Inc.
Defendant Caleb Anthony Bouse is a resident of Galveston County, Texas. Defendant may
be served at 6722 Poplar Bend Lane, Dickinson, Texas 77539.
IV.
VENUE & JURISDICTION
Venue is proper in Galveston County, Texas pursuant to CPRC §15.002(a)(1) because it’s
the county in which all or substantial part of the events or omissions giving rise to the claim
occurred.
Venue is proper in Galveston County, Texas pursuant to CPRC §15.002(a)(2) because it’s
the county in which the Defendant in this case resided at the time the cause of action accrued.
Jurisdiction is proper in this Court because the amount in controversy is in excess of the
minimum jurisdictional limits of this Court.
V.
FACTS OF CRASH/COLLISION
On June 26, 2022, at or around 2:00 P.M, Defendant Caleb Anthony Bouse was driving a
White 2015 Mack CXU613 (VIN #1M1AW07Y1FM044394 and Texas License Plate R374399).
Page | 2
Defendant Bouse was driving while under the employment of Defendant TNT Crane & Rigging,
Inc. Defendant Bouse was traveling on the feeder road of Hwy 610 South behind Plaintiff.
Defendant Bouse was distracted, failed to see what should have been seen, or in conscious
disregard for the safety of others, failed to control his speed and struck the rear of the Plaintiff’s
vehicle. The driver of the vehicle with which Defendant caused a collision with was Plaintiff Evett
Compton, accompanied by her passenger, Plaintiff Dawana Hayes. As a result of the collision,
Plaintiffs suffered injuries and damages.
VI.
CAUSES OF ACTION
The preceding paragraphs are incorporated herein by reference.
A. Negligence
The injuries Plaintiffs sustained in the above-described collision were proximately caused
by the negligence of Defendants in failing to enact, and/or enforce appropriate safety rules,
regulations, and/or practice that would have prevented the collision. More specifically but without
limitation, Defendants’ negligence acts and omissions include but are not limited to the following:
a. Failing to control the speed of vehicle as necessary to avoid collision in
compliance with the law and the duty of each person to use due care. (Tex.
Transp. Code §545.351(b)(2));
b. Driving the vehicle in willful or wanton disregard for the safety of the public
including Plaintiff (Tex. Transp. Code §545.401(a));
c. Driving at a speed greater than is reasonable and prudent under the
circumstances then existing (Tex. Transp. Code §545.351(a));
d. Driving at a speed greater than is reasonable and prudent under the
conditions and having regard for actual and potential hazards then existing
(Tex. Transp. Code §545.351(b)(1));
e. Failing to control the speed as necessary to avoid collision in compliance
with the law and the duty of each person to use due care. (Tex. Transp. Code
§545.351(b)(2));
f. Failing to timely apply brakes;
Page | 3
g. Failure to keep a proper lookout as a person using ordinary care would have
done under the same or similar circumstances;
h. Driving carelessly;
i. Failing to pay attention to other vehicles on the road;
j. Being distracted; and
k. Violation of the safety rules that protect all persons that are on or near the
roadway of Texas.
Each of the above-listed acts and/or omissions, singularly and in combination with others,
constitutes negligence and gross negligence that proximately caused Plaintiff’s injuries and
damages.
B. Respondeat Superior
At the time of the collision in question, Defendant TNT Crane & Rigging, Inc.’s driver,
Caleb Anthony Bouse, was working in the course and scope of his employment for Defendant
TNT Crane & Rigging, Inc. Therefore, Defendant TNT Crane & Rigging, Inc. is legally
responsible for the negligence of its driver under respondeat superior.
C. Negligent Entrustment
Defendant TNT Crane & Rigging, Inc. negligently entrusted its vehicle to its driver.
Defendant TNT Crane & Rigging, Inc.’s driver was incompetent and/or a reckless driver.
Defendant TNT Crane & Rigging, Inc. knew or should have known that Defendant TNT Crane &
Rigging, Inc.’s driver, was incompetent and/or a reckless driver before they let him drive its
vehicle. Defendant TNT Crane & Rigging, Inc. knew or should have known that Defendant TNT
Crane & Rigging, Inc.’s driver was incompetent and/or a reckless driver after it let its driver drive
its vehicle but before the collision of June 26, 2022. Defendant TNT Crane & Rigging, Inc.’s driver
was negligent, as described above, at the time of the collision. Defendant TNT Crane & Rigging,
Inc.’s driver’s negligence singularly or in combination with others, constituted negligence, gross
Page | 4
negligence, and/or malice, which were a proximate cause of the injuries and damages to Plaintiffs
which form a basis of this action.
VII.
DAMAGES
As a result of the unnecessary occurrence, Plaintiffs claim all damages recognizable by
law, including but not limited to past and future:
a. Physical pain;
b. Mental anguish;
c. Mental Pain;
d. Physical Impairment;
e. Medical Expenses;
f. Loss of enjoyment of life;
g. Pre-judgment interest at the maximum legal rate;
h. Post-judgment interest at the maximum legal rate;
i. Court costs; and
j. All other forms of damages available to Plaintiff.
Further, Plaintiffs’ damages exceed the minimum jurisdictional limits of the Court.
VIII.
NOTICE OF INITIAL DISCLOSURES AND RULES 190.6(C), 203.3(C) & 193.7
Under the authority of Texas Rule of Civil Procedure 194, Plaintiffs provide notice that
each Defendant is required to disclose, within thirty (30) days of the date of their original answer
is due, the information or material described in Rule 194.2(b) (1-12).
As required under Texas Rule of Civil Procedure 203.3(c), Plaintiffs request that the party
who receives the original deposition transcript of witnesses produce such deposition transcripts in
E-transcript format (.ptz) with the electronic signature of the court reporter included.
Pursuant to Rule 193.7, Plaintiffs are serving notice on Defendants with the service of this
Petition that Defendants’ production of document responsive to discovery requests authenticates
Page | 5
the document for use against Defendants unless Defendants, within 10 days of the document’s
production, objects to the authentication and states specifically the basis of the objection.
IX.
REQUEST FOR JURY TRIAL
Plaintiffs hereby assert their right under the Texas Constitution and demand a trial by jury.
Plaintiffs herein have tendered the appropriate fee with this Original Petition.
X.
RIGHT TO AMEND
These allegations against Defendants are made acknowledging that this lawsuit is still in
investigation and discovery. As further investigation and discovery are conducted, additional facts
will surely be uncovered that may and probably will necessitate further, additional, and/or different
allegations, including the potential of adding and/or dismissing parties to the case. The right to do
so, under Texas law, is expressly reserved.
X.
PRAYER
Plaintiffs pray that Defendants be cited in terms of law to appear and answer herein, and
that upon final trial, Plaintiffs have a judgment entered against the Defendants for the damages
plead and for such other and further relief to which Plaintiffs may be justly entitled in law or in
equity.
Page | 6
Respectfully submitted,
___________________________________
HECTOR G. LONGORIA,
LONGORIA LAW
Texas State Bar No. 00794185
Email: Hector@Longoria.Law
E-Service: HL@Longoria.Law
642 Heights Blvd.
Houston, Texas 77007
Telephone: (713) 929-3996
Facsimile: (713) 351-0327
Attorney for Plaintiffs,
Evett Compton and Dawana Hayes
Page | 7
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.
Delmy Chavez on behalf of Hector Longoria
Bar No. 794185
delmy@longoria.law
Envelope ID: 87213704
Filing Code Description: Original Petition - OCA (1-10 plantiffs)
Filing Description: Plaintiffs Original Petition & JURY DEMAND
Status as of 5/1/2024 8:10 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
HL E-Service HL@Longoria.Law 4/30/2024 12:54:59 PM SENT
Preview
Filed: 4/30/2024 12:54 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 87213704 By: Shailja Dixit 5/1/2024 8:08 AM 24-CV-0708 CAUSE NO. ___________ EVETT COMPTON and DAWANA § IN THE DISTRICT COURT OF HAYES § Plaintiff, § § GALVESTON COUNTY, TEXAS v. § Galveston County - 56th District Court § TNT CRANE & RIGGING, INC and § ________ JUDICIAL DISTRICT CALEB ANTHONY BOUSE Defendant. PLAINTIFF’S ORIGINAL PETITION Plaintiffs Evett Compton and Dawana Hayes (hereinafter “Plaintiffs”) file their Original Petition against Defendants TNT Crane & Rigging, Inc. and Caleb Anthony Bouse (hereinafter “Defendants”). I. NATURE OF THE LITIGATION Defendants’ negligence in the operation and driving of their vehicle caused a crash that injured Evett Compton and Dawana Hayes on June 26, 2022, in Houston, Texas. II. DISCOVERY CONTROL PLAN & RULE COMPLIANCE Pursuant to Rule 190.3 of the Texas Rules of Civil Procedure, Level 2 shall control the discovery of this case until the Court issues a discovery control plan under rule 190.4. Plaintiffs contend that the jury is the sole decision maker on the amount of damages suffered by Plaintiffs, but as required by Texas Rules of Civil Procedure 47, Plaintiffs seek monetary relief less than $200,000 including damages of any kind, penalties, costs, expenses, pre-judgment interest and attorney’s fees. In compliance with §30.014 of the Texas Civil Practice & Remedies Code, the last three digits of Plaintiff Evett Compton’s Social Security number are ###-##-#830 and the last three digits of her Texas Driver’s License are #####307. The last three digits of Plaintiff Dawana Hayes’ Social Security number are ###-##-#137 and the last three digits of her Texas Driver’s License are #####309. Status Conference - 08/01/2024 III. PARTIES Plaintiff Evett Compton is a resident of Galveston County, Texas. Plaintiff Dawana Hayes is a resident of Galveston County, Texas. Defendant TNT Crane & Rigging, Inc. is a corporation incorporated under the laws of Texas, with its principal place of business in Harris County, Texas. Defendant TNT Crane & Rigging, Inc. may be served with process by serving its registered agent for service of process, Capitol Corporate Services, Inc. at 1501 S. Mopac Expressway, Suite 220, Austin, Texas 78746. Citation is requested so that a private process server can serve citation on Defendant TNT Crane & Rigging, Inc. Defendant Caleb Anthony Bouse is a resident of Galveston County, Texas. Defendant may be served at 6722 Poplar Bend Lane, Dickinson, Texas 77539. IV. VENUE & JURISDICTION Venue is proper in Galveston County, Texas pursuant to CPRC §15.002(a)(1) because it’s the county in which all or substantial part of the events or omissions giving rise to the claim occurred. Venue is proper in Galveston County, Texas pursuant to CPRC §15.002(a)(2) because it’s the county in which the Defendant in this case resided at the time the cause of action accrued. Jurisdiction is proper in this Court because the amount in controversy is in excess of the minimum jurisdictional limits of this Court. V. FACTS OF CRASH/COLLISION On June 26, 2022, at or around 2:00 P.M, Defendant Caleb Anthony Bouse was driving a White 2015 Mack CXU613 (VIN #1M1AW07Y1FM044394 and Texas License Plate R374399). Page | 2 Defendant Bouse was driving while under the employment of Defendant TNT Crane & Rigging, Inc. Defendant Bouse was traveling on the feeder road of Hwy 610 South behind Plaintiff. Defendant Bouse was distracted, failed to see what should have been seen, or in conscious disregard for the safety of others, failed to control his speed and struck the rear of the Plaintiff’s vehicle. The driver of the vehicle with which Defendant caused a collision with was Plaintiff Evett Compton, accompanied by her passenger, Plaintiff Dawana Hayes. As a result of the collision, Plaintiffs suffered injuries and damages. VI. CAUSES OF ACTION The preceding paragraphs are incorporated herein by reference. A. Negligence The injuries Plaintiffs sustained in the above-described collision were proximately caused by the negligence of Defendants in failing to enact, and/or enforce appropriate safety rules, regulations, and/or practice that would have prevented the collision. More specifically but without limitation, Defendants’ negligence acts and omissions include but are not limited to the following: a. Failing to control the speed of vehicle as necessary to avoid collision in compliance with the law and the duty of each person to use due care. (Tex. Transp. Code §545.351(b)(2)); b. Driving the vehicle in willful or wanton disregard for the safety of the public including Plaintiff (Tex. Transp. Code §545.401(a)); c. Driving at a speed greater than is reasonable and prudent under the circumstances then existing (Tex. Transp. Code §545.351(a)); d. Driving at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing (Tex. Transp. Code §545.351(b)(1)); e. Failing to control the speed as necessary to avoid collision in compliance with the law and the duty of each person to use due care. (Tex. Transp. Code §545.351(b)(2)); f. Failing to timely apply brakes; Page | 3 g. Failure to keep a proper lookout as a person using ordinary care would have done under the same or similar circumstances; h. Driving carelessly; i. Failing to pay attention to other vehicles on the road; j. Being distracted; and k. Violation of the safety rules that protect all persons that are on or near the roadway of Texas. Each of the above-listed acts and/or omissions, singularly and in combination with others, constitutes negligence and gross negligence that proximately caused Plaintiff’s injuries and damages. B. Respondeat Superior At the time of the collision in question, Defendant TNT Crane & Rigging, Inc.’s driver, Caleb Anthony Bouse, was working in the course and scope of his employment for Defendant TNT Crane & Rigging, Inc. Therefore, Defendant TNT Crane & Rigging, Inc. is legally responsible for the negligence of its driver under respondeat superior. C. Negligent Entrustment Defendant TNT Crane & Rigging, Inc. negligently entrusted its vehicle to its driver. Defendant TNT Crane & Rigging, Inc.’s driver was incompetent and/or a reckless driver. Defendant TNT Crane & Rigging, Inc. knew or should have known that Defendant TNT Crane & Rigging, Inc.’s driver, was incompetent and/or a reckless driver before they let him drive its vehicle. Defendant TNT Crane & Rigging, Inc. knew or should have known that Defendant TNT Crane & Rigging, Inc.’s driver was incompetent and/or a reckless driver after it let its driver drive its vehicle but before the collision of June 26, 2022. Defendant TNT Crane & Rigging, Inc.’s driver was negligent, as described above, at the time of the collision. Defendant TNT Crane & Rigging, Inc.’s driver’s negligence singularly or in combination with others, constituted negligence, gross Page | 4 negligence, and/or malice, which were a proximate cause of the injuries and damages to Plaintiffs which form a basis of this action. VII. DAMAGES As a result of the unnecessary occurrence, Plaintiffs claim all damages recognizable by law, including but not limited to past and future: a. Physical pain; b. Mental anguish; c. Mental Pain; d. Physical Impairment; e. Medical Expenses; f. Loss of enjoyment of life; g. Pre-judgment interest at the maximum legal rate; h. Post-judgment interest at the maximum legal rate; i. Court costs; and j. All other forms of damages available to Plaintiff. Further, Plaintiffs’ damages exceed the minimum jurisdictional limits of the Court. VIII. NOTICE OF INITIAL DISCLOSURES AND RULES 190.6(C), 203.3(C) & 193.7 Under the authority of Texas Rule of Civil Procedure 194, Plaintiffs provide notice that each Defendant is required to disclose, within thirty (30) days of the date of their original answer is due, the information or material described in Rule 194.2(b) (1-12). As required under Texas Rule of Civil Procedure 203.3(c), Plaintiffs request that the party who receives the original deposition transcript of witnesses produce such deposition transcripts in E-transcript format (.ptz) with the electronic signature of the court reporter included. Pursuant to Rule 193.7, Plaintiffs are serving notice on Defendants with the service of this Petition that Defendants’ production of document responsive to discovery requests authenticates Page | 5 the document for use against Defendants unless Defendants, within 10 days of the document’s production, objects to the authentication and states specifically the basis of the objection. IX. REQUEST FOR JURY TRIAL Plaintiffs hereby assert their right under the Texas Constitution and demand a trial by jury. Plaintiffs herein have tendered the appropriate fee with this Original Petition. X. RIGHT TO AMEND These allegations against Defendants are made acknowledging that this lawsuit is still in investigation and discovery. As further investigation and discovery are conducted, additional facts will surely be uncovered that may and probably will necessitate further, additional, and/or different allegations, including the potential of adding and/or dismissing parties to the case. The right to do so, under Texas law, is expressly reserved. X. PRAYER Plaintiffs pray that Defendants be cited in terms of law to appear and answer herein, and that upon final trial, Plaintiffs have a judgment entered against the Defendants for the damages plead and for such other and further relief to which Plaintiffs may be justly entitled in law or in equity. Page | 6 Respectfully submitted, ___________________________________ HECTOR G. LONGORIA, LONGORIA LAW Texas State Bar No. 00794185 Email: Hector@Longoria.Law E-Service: HL@Longoria.Law 642 Heights Blvd. Houston, Texas 77007 Telephone: (713) 929-3996 Facsimile: (713) 351-0327 Attorney for Plaintiffs, Evett Compton and Dawana Hayes Page | 7 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. Delmy Chavez on behalf of Hector Longoria Bar No. 794185 delmy@longoria.law Envelope ID: 87213704 Filing Code Description: Original Petition - OCA (1-10 plantiffs) Filing Description: Plaintiffs Original Petition & JURY DEMAND Status as of 5/1/2024 8:10 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status HL E-Service HL@Longoria.Law 4/30/2024 12:54:59 PM SENT