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FILED
5/1/2024 6:11 PM
1 CIT - ESERVE FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Phyllis Vaughn DEPUTY
DC-24-06326
CAUSE NO. __________
VICK JOLLIFF, § IN THE DISTRICT COURT,
§
Plaintiff, §
§ 95th
v. § _____ JUDICIAL DISTRICT
§
CHARLES RIVAS MONRROY, §
§
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
Plaintiff, Vick Jolliff (hereinafter, “Plaintiff”), complains of Defendant Charles Rivas
Monrroy (hereinafter, “Defendant”), and would respectfully show the Court that:
Discovery Control Plan
1. Plaintiff intends to conduct discovery in this matter under Level 3 of the Texas Rules of
Civil Procedure.
Jurisdiction and Venue
2. 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 Dallas County, Texas.
Statement Regarding Monetary Relief Sought
3. 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, excluding interest, statutory or punitive damages
and penalties, and attorney fees and costs. Plaintiffs expressly reserve the right to amend this Rule
47 statement of relief if necessary.
Parties
4. Plaintiff is an individual residing in Dallas County, Texas.
5. Defendant is an individual residing in Dallas County, Texas. Defendant may be served at
5361 Spring Valley Rd., Apt. 183, Dallas, TX 75254 or wherever found.
Facts
6. This lawsuit is necessary as a result of personal injuries Plaintiff suffered on or about
December 2, 2023, in Dallas County, Texas. At that time, Plaintiff was traveling southbound in
the middle lane on Central Expressway, while Defendant was traveling in the same direction in
the right lane. Defendant failed to maintain his lane placement and stuck Plaintiff’s vehicle,
causing it to spin and which resulted in Plaintiff’s vehicle receiving disabling damage. As a result
of Defendant’s negligence and/or negligence per se, Plaintiff suffered extensive and permanent
injuries.
7. Defendant’s aforementioned conduct constitutes negligence and/or negligence per se for
one or more of the following reasons:
a. Failed to control vehicle’s speed;
b. Failed to maintain vehicle’s lane placement;
c. Failed to operate the vehicle safely;
d. Failed to keep a proper lookout;
e. Failed to yield the right-of-way;
f. Failed to timely apply brakes;
g. Failed to maintain a safe distance;
h. Violated applicable local, state, and federal laws and/or regulations; and/or
i. Other acts so deemed negligent.
8. As a result of these acts or omissions, Plaintiff claims all damages recognizable by law.
Damages
9. By virtue of the actions and conduct of the Defendant set forth above, Plaintiff is 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;
c. Past and future physical impairment;
d. Past and future physical disfigurement;
e. Past lost wages and future loss of earning capacity; and/or
f. Loss of use of vehicle.
10. By reason of the above, 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.
Initial Disclosures
11. Pursuant to Rule 194, Tex. R. Civ. P., Defendant must, without awaiting a discovery
request, provide information or materials described in Texas Rule of Civil Procedure 194.2 in
Defendant’s initial disclosures at or within 30 days after the filing of the first answer. Copies of
documents and other tangible things must be served with Defendant’s response.
Rule 193.7 Notice
12. 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.
Prayer
Plaintiff prays that this citation issue and be served upon Defendant in a form and manner
prescribed by law, requiring that Defendant appear and answer, and that upon final hearing,
Plaintiff has a judgment against Defendant in a total sum in excess of the minimum jurisdictional
limits of this Court, plus pre-judgment and post judgment interests, all costs of Court and all such
other and further relief to which they may be justly entitled.
Respectfully submitted,
DASPIT LAW FIRM
/s/ Joshua J. Pico
Joshua J. Pico
Texas State Bar No. 24101207
1200 Summit Ave, Suite 504
Fort Worth, Texas 76102
Telephone: (469) 206-8210
Facsimile: (713) 587-9086
Email: e-service@daspitlaw.com
Email: jpico@daspitlaw.com
ATTORNEY FOR PLAINTIFF
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.
Patricia Pieratt on behalf of John Daspit
Bar No. 24048906
ppieratt@daspitlaw.com
Envelope ID: 87287131
Filing Code Description: Original Petition
Filing Description:
Status as of 5/5/2024 10:21 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jaime Holder jholder@proactivelegal.com 5/1/2024 6:11:51 PM SENT
Joshua Pico jpico@daspitlaw.com 5/1/2024 6:11:51 PM SENT
Trish Pieratt ppieratt@daspitlaw.com 5/1/2024 6:11:51 PM SENT
DLF Eservice dlf-eservice@daspitlaw.com 5/1/2024 6:11:51 PM SENT
John Daspit e-service@daspitlaw.com 5/1/2024 6:11:51 PM SENT
Preview
FILED 5/1/2024 6:11 PM 1 CIT - ESERVE FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Phyllis Vaughn DEPUTY DC-24-06326 CAUSE NO. __________ VICK JOLLIFF, § IN THE DISTRICT COURT, § Plaintiff, § § 95th v. § _____ JUDICIAL DISTRICT § CHARLES RIVAS MONRROY, § § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION Plaintiff, Vick Jolliff (hereinafter, “Plaintiff”), complains of Defendant Charles Rivas Monrroy (hereinafter, “Defendant”), and would respectfully show the Court that: Discovery Control Plan 1. Plaintiff intends to conduct discovery in this matter under Level 3 of the Texas Rules of Civil Procedure. Jurisdiction and Venue 2. 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 Dallas County, Texas. Statement Regarding Monetary Relief Sought 3. 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, excluding interest, statutory or punitive damages and penalties, and attorney fees and costs. Plaintiffs expressly reserve the right to amend this Rule 47 statement of relief if necessary. Parties 4. Plaintiff is an individual residing in Dallas County, Texas. 5. Defendant is an individual residing in Dallas County, Texas. Defendant may be served at 5361 Spring Valley Rd., Apt. 183, Dallas, TX 75254 or wherever found. Facts 6. This lawsuit is necessary as a result of personal injuries Plaintiff suffered on or about December 2, 2023, in Dallas County, Texas. At that time, Plaintiff was traveling southbound in the middle lane on Central Expressway, while Defendant was traveling in the same direction in the right lane. Defendant failed to maintain his lane placement and stuck Plaintiff’s vehicle, causing it to spin and which resulted in Plaintiff’s vehicle receiving disabling damage. As a result of Defendant’s negligence and/or negligence per se, Plaintiff suffered extensive and permanent injuries. 7. Defendant’s aforementioned conduct constitutes negligence and/or negligence per se for one or more of the following reasons: a. Failed to control vehicle’s speed; b. Failed to maintain vehicle’s lane placement; c. Failed to operate the vehicle safely; d. Failed to keep a proper lookout; e. Failed to yield the right-of-way; f. Failed to timely apply brakes; g. Failed to maintain a safe distance; h. Violated applicable local, state, and federal laws and/or regulations; and/or i. Other acts so deemed negligent. 8. As a result of these acts or omissions, Plaintiff claims all damages recognizable by law. Damages 9. By virtue of the actions and conduct of the Defendant set forth above, Plaintiff is 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; c. Past and future physical impairment; d. Past and future physical disfigurement; e. Past lost wages and future loss of earning capacity; and/or f. Loss of use of vehicle. 10. By reason of the above, 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. Initial Disclosures 11. Pursuant to Rule 194, Tex. R. Civ. P., Defendant must, without awaiting a discovery request, provide information or materials described in Texas Rule of Civil Procedure 194.2 in Defendant’s initial disclosures at or within 30 days after the filing of the first answer. Copies of documents and other tangible things must be served with Defendant’s response. Rule 193.7 Notice 12. 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. Prayer Plaintiff prays that this citation issue and be served upon Defendant in a form and manner prescribed by law, requiring that Defendant appear and answer, and that upon final hearing, Plaintiff has a judgment against Defendant in a total sum in excess of the minimum jurisdictional limits of this Court, plus pre-judgment and post judgment interests, all costs of Court and all such other and further relief to which they may be justly entitled. Respectfully submitted, DASPIT LAW FIRM /s/ Joshua J. Pico Joshua J. Pico Texas State Bar No. 24101207 1200 Summit Ave, Suite 504 Fort Worth, Texas 76102 Telephone: (469) 206-8210 Facsimile: (713) 587-9086 Email: e-service@daspitlaw.com Email: jpico@daspitlaw.com ATTORNEY FOR PLAINTIFF 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. Patricia Pieratt on behalf of John Daspit Bar No. 24048906 ppieratt@daspitlaw.com Envelope ID: 87287131 Filing Code Description: Original Petition Filing Description: Status as of 5/5/2024 10:21 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jaime Holder jholder@proactivelegal.com 5/1/2024 6:11:51 PM SENT Joshua Pico jpico@daspitlaw.com 5/1/2024 6:11:51 PM SENT Trish Pieratt ppieratt@daspitlaw.com 5/1/2024 6:11:51 PM SENT DLF Eservice dlf-eservice@daspitlaw.com 5/1/2024 6:11:51 PM SENT John Daspit e-service@daspitlaw.com 5/1/2024 6:11:51 PM SENT