Preview
FILED
5/7/2024 8:55 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Fernando Soto DEPUTY
DC-24-06525
CAUSE NO.
BRIDGET DAVIS, § IN THE DISTRICT COURT
§
Plaintiff §
§
v. § 68th
§ JUDICIAL DISTRICT
USAA CASUALTY INSURANCE §
COMPANY and USAA INSURANCE §
ANGENY, INC., §
§
Defendants § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE COURT:
NOW COMES Plaintiff BRIDGET DAVIS, complaining of and against
Defendants USAA CASUALTY INSURANCE COMPANY and USAA INSURANCE
ANGENY, INC., and files Plaintiff’s Original Petition and for cause of action would
show the Court the following:
I. SELECTION OF DISCOVERY LEVEL
This suit is governed by Discovery Control Plan 3 under Rule 190.4 of the Texas
Rules 0f Civil Procedure.
II. PARTIES & SERVICE OF CITATION
Plaintiff BRIDGET DAVIS is an individual resident of the State of Texas.
Defendant USAA CASUALTY INSURANCE COMPANY is a domestic for-
profit insurance company doing business in the State of Texas. Service of process may be
obtained on this Defendant by serving its registered agent, Corporation Service Company
d/b/a CSC-Lawyers Incorporating Service Company, Via private process server.
Defendant USAA INSURANCE ANGENY, INC. is a domestic for-profit
insurance company doing business in the State of Texas. Service of process may be
Plaintiff s Original Petition Page 1
obtained on this Defendant by serving its registered agent, Corporation Service Company
d/b/a CSC-Lawyers Incorporating Service Company, via private process server.
III. JURISDICTION & VENUE
Jurisdiction is proper in this Court because Plaintiff BRIDGET DAVIS is entitled
to damages in Within jurisdiction of the Court. Specifically, Plaintiff seeks monetary
relief of in excess of $1,000,000.00.
Pursuant to Section 15.001 of the Texas Civil Practice and Remedies Code,
venue is proper in Dallas County, Texas.
1V-
This lawsuit arises from an automobile collision that occurred on or about May
13, 2021 in Plano, Texas. Plaintiff BRIDGET DAVIS was the driver of a vehicle
northbound on the Dallas North Tollway when she safely slowed due to traffic. Then,
suddenly and without warning, IRAJ DARVISH, operating a vehicle owned by
DARVISH SYSTEMS, INC. and in the same lane of travel directly behind Plaintiff,
violently struck the rear of Plaintiff‘s vehicle, causing a multi-car pileup. Due to the
nature and the severity of the impact, Plaintiff sustained severe injuries.
V. NEGLIGENCE AND GROSS NEGLIGENCE
OF IRAJ DARVISH
At and immediately prior to the occurrence in question, IMJ DARVISH was
operating his vehicle negligently. Specifically, IRAJ DARVISH had a duty to exercise
ordinary care and operate his vehicle reasonably and prudently. IRAJ DARVISH
breached his duty in one or more of the following ways:
a. Failing to keep a proper lookout;
b. Failing to properly apply the brakes;
c. Driver inattention;
d. Failing to take evasive action;
Plaintiff s Original Petition Page 2
C. Failing to control his speed;
f. Driving in a reckless manner; and
g. Failing to yield right-of-way.
Each of the above-mentioned acts or omissions constitutes negligence which was
the proximate cause or causes of the occurrence in question and resulting damages.
The wrong done by IRAJ DARVISH was aggravated by the kind of conduct for
which the law allows the imposition of exemplary damages in that his conduct, when
Viewed objectively from his standpoint at the time of the conduct, involved an extreme
degree of risk, considering the probability and magnitude of the potential harm to others,
and he was actually, subjectively aware of the risk involved, but nevertheless proceeded
with conscious indifference to the rights, safety or welfare of others.
VI. DAMAGES
As a proximate result of IRAJ DARVISH’s negligence, Plaintiff BRIDGET
DAVIS suffered the following injuries and damages:
a. Reasonable medical care and expenses in the past. These expenses were
incurred by Plaintiff for the necessary care and treatment of the injuries
resulting from the accident complained of herein and such charges are
reasonable and were usual and customary charges for such services in the
county in which they were incurred;
Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
Physical pain and suffering in the past;
Physical pain and suffering in the future;
Physical impairment in the past;
Physical impairment which, in all reasonable probability, will be suffered
in the future;
Plaintiff s Original Petition Page 3
g. Loss of earnings in the past;
h. Loss of earning capacity which will, in all probability, be incurred in the
future;
i. Loss of mental function;
j. Disfigurement in the past;
k. Disfigurement in the future;
l. Mental anguish in the past;
m. Mental anguish in the future;
n. Fear of fiiture disease or condition; and
o. Cost of medical monitoring and prevention in the future.
All of the foregoing damages are Within the jurisdictional limits of this Court.
PLAINTIFF BRIDGET DAVIS’ FIRST-PARTY CLAIM
AGAINST DEFENDANTS
VII. FACTS
At the time of the motor vehicle collision described above, Plaintiff BRIDGET
DAVIS was covered by two automobile liability policies of insurance with Defendants
that included underinsured motorist coverage. The claim numbers under the policies are
011483260-004 and 012870224-800. Plaintiff timely and properly notified Defendants of
her claims under the underinsured provisions of the policies. Defendants have not offered
Plaintiff BRIDGET DAVIS fair settlements. All conditions precedent to bringing this
suit have been performed and/or have occurred.
VIII. PETITION FOR DECLARATORY RELIEF
Based on the foregoing facts, and pursuant to the policies of insurance in force
and effect between Plaintiff BRIDGET DAVIS and Defendants at the time of the
Plaintiff s Original Petition Page 4
collision, Plaintiff seeks a declaratory judgment pursuant to Texas Civil Practice and
Remedies Code Chapter 37 that she is entitled to recover from Defendants her damages
resulting from the motor vehicle collision of May 13, 2021, that those damages fall
Within the coverage afforded her under the insurance policies, and specifying the amount
of damages, attorneys’ fees, interest, and Court costs that Defendants are obligated to
pay.
IX. ATTORNEYS’ FEES
As a result of Defendants’ actions and inactions, Plaintiff BRIDGET DAVIS was
required to engage the services of the undersigned and the Malone Legal Group, PLLC.
Plaintiff, therefore, seeks reimbursement of reasonable attomeys’ fees. Pursuant to the
Texas Civil Practice and Remedies Code Chapter 37, Plaintiff BRIDGET DAVIS hereby
makes this written presentment of such claim.
X. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff BRIDGET DAVIS
respectfully requests that Defendants be cited to appear and answer, and on final trial,
that Plaintiff have judgment against Defendants for:
a. Actual damages;
b. Prejudgment and post judgment interest as allowed by law;
c. Attorneys’ fees, together with conditional awards in the event of appeals;
d. Costs of Court; and
e. Any filrther relief, either in law or equity, to which Plaintiff is justly
entitled.
Plaintiff s Original Petition Page 5
Respectfully Submitted,
MALONE LEGAL GROUP, PLLC
6414 98th Street, Suite 100
Lubbock, Texas 79424
806-642-6001 - telephone
806-642-6274 - fax
/s/ Valeri Stiers Malone
VALERI STIERS MALONE
State Bar No. 24014508
vmalone@maloneiniurylawyers.com
MATTHEW ROSS MALONE
State Bar No. 24013091
mmalone@maloneiniurvlawvers.com
ATTORNEYS FOR PLAINTIFF
Plaintiff s Original Petition Page 6
Preview
FILED 5/7/2024 8:55 AM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Fernando Soto DEPUTY DC-24-06525 CAUSE NO. BRIDGET DAVIS, § IN THE DISTRICT COURT § Plaintiff § § v. § 68th § JUDICIAL DISTRICT USAA CASUALTY INSURANCE § COMPANY and USAA INSURANCE § ANGENY, INC., § § Defendants § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE COURT: NOW COMES Plaintiff BRIDGET DAVIS, complaining of and against Defendants USAA CASUALTY INSURANCE COMPANY and USAA INSURANCE ANGENY, INC., and files Plaintiff’s Original Petition and for cause of action would show the Court the following: I. SELECTION OF DISCOVERY LEVEL This suit is governed by Discovery Control Plan 3 under Rule 190.4 of the Texas Rules 0f Civil Procedure. II. PARTIES & SERVICE OF CITATION Plaintiff BRIDGET DAVIS is an individual resident of the State of Texas. Defendant USAA CASUALTY INSURANCE COMPANY is a domestic for- profit insurance company doing business in the State of Texas. Service of process may be obtained on this Defendant by serving its registered agent, Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, Via private process server. Defendant USAA INSURANCE ANGENY, INC. is a domestic for-profit insurance company doing business in the State of Texas. Service of process may be Plaintiff s Original Petition Page 1 obtained on this Defendant by serving its registered agent, Corporation Service Company d/b/a CSC-Lawyers Incorporating Service Company, via private process server. III. JURISDICTION & VENUE Jurisdiction is proper in this Court because Plaintiff BRIDGET DAVIS is entitled to damages in Within jurisdiction of the Court. Specifically, Plaintiff seeks monetary relief of in excess of $1,000,000.00. Pursuant to Section 15.001 of the Texas Civil Practice and Remedies Code, venue is proper in Dallas County, Texas. 1V- This lawsuit arises from an automobile collision that occurred on or about May 13, 2021 in Plano, Texas. Plaintiff BRIDGET DAVIS was the driver of a vehicle northbound on the Dallas North Tollway when she safely slowed due to traffic. Then, suddenly and without warning, IRAJ DARVISH, operating a vehicle owned by DARVISH SYSTEMS, INC. and in the same lane of travel directly behind Plaintiff, violently struck the rear of Plaintiff‘s vehicle, causing a multi-car pileup. Due to the nature and the severity of the impact, Plaintiff sustained severe injuries. V. NEGLIGENCE AND GROSS NEGLIGENCE OF IRAJ DARVISH At and immediately prior to the occurrence in question, IMJ DARVISH was operating his vehicle negligently. Specifically, IRAJ DARVISH had a duty to exercise ordinary care and operate his vehicle reasonably and prudently. IRAJ DARVISH breached his duty in one or more of the following ways: a. Failing to keep a proper lookout; b. Failing to properly apply the brakes; c. Driver inattention; d. Failing to take evasive action; Plaintiff s Original Petition Page 2 C. Failing to control his speed; f. Driving in a reckless manner; and g. Failing to yield right-of-way. Each of the above-mentioned acts or omissions constitutes negligence which was the proximate cause or causes of the occurrence in question and resulting damages. The wrong done by IRAJ DARVISH was aggravated by the kind of conduct for which the law allows the imposition of exemplary damages in that his conduct, when Viewed objectively from his standpoint at the time of the conduct, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others, and he was actually, subjectively aware of the risk involved, but nevertheless proceeded with conscious indifference to the rights, safety or welfare of others. VI. DAMAGES As a proximate result of IRAJ DARVISH’s negligence, Plaintiff BRIDGET DAVIS suffered the following injuries and damages: a. Reasonable medical care and expenses in the past. These expenses were incurred by Plaintiff for the necessary care and treatment of the injuries resulting from the accident complained of herein and such charges are reasonable and were usual and customary charges for such services in the county in which they were incurred; Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; Physical pain and suffering in the past; Physical pain and suffering in the future; Physical impairment in the past; Physical impairment which, in all reasonable probability, will be suffered in the future; Plaintiff s Original Petition Page 3 g. Loss of earnings in the past; h. Loss of earning capacity which will, in all probability, be incurred in the future; i. Loss of mental function; j. Disfigurement in the past; k. Disfigurement in the future; l. Mental anguish in the past; m. Mental anguish in the future; n. Fear of fiiture disease or condition; and o. Cost of medical monitoring and prevention in the future. All of the foregoing damages are Within the jurisdictional limits of this Court. PLAINTIFF BRIDGET DAVIS’ FIRST-PARTY CLAIM AGAINST DEFENDANTS VII. FACTS At the time of the motor vehicle collision described above, Plaintiff BRIDGET DAVIS was covered by two automobile liability policies of insurance with Defendants that included underinsured motorist coverage. The claim numbers under the policies are 011483260-004 and 012870224-800. Plaintiff timely and properly notified Defendants of her claims under the underinsured provisions of the policies. Defendants have not offered Plaintiff BRIDGET DAVIS fair settlements. All conditions precedent to bringing this suit have been performed and/or have occurred. VIII. PETITION FOR DECLARATORY RELIEF Based on the foregoing facts, and pursuant to the policies of insurance in force and effect between Plaintiff BRIDGET DAVIS and Defendants at the time of the Plaintiff s Original Petition Page 4 collision, Plaintiff seeks a declaratory judgment pursuant to Texas Civil Practice and Remedies Code Chapter 37 that she is entitled to recover from Defendants her damages resulting from the motor vehicle collision of May 13, 2021, that those damages fall Within the coverage afforded her under the insurance policies, and specifying the amount of damages, attorneys’ fees, interest, and Court costs that Defendants are obligated to pay. IX. ATTORNEYS’ FEES As a result of Defendants’ actions and inactions, Plaintiff BRIDGET DAVIS was required to engage the services of the undersigned and the Malone Legal Group, PLLC. Plaintiff, therefore, seeks reimbursement of reasonable attomeys’ fees. Pursuant to the Texas Civil Practice and Remedies Code Chapter 37, Plaintiff BRIDGET DAVIS hereby makes this written presentment of such claim. X. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff BRIDGET DAVIS respectfully requests that Defendants be cited to appear and answer, and on final trial, that Plaintiff have judgment against Defendants for: a. Actual damages; b. Prejudgment and post judgment interest as allowed by law; c. Attorneys’ fees, together with conditional awards in the event of appeals; d. Costs of Court; and e. Any filrther relief, either in law or equity, to which Plaintiff is justly entitled. Plaintiff s Original Petition Page 5 Respectfully Submitted, MALONE LEGAL GROUP, PLLC 6414 98th Street, Suite 100 Lubbock, Texas 79424 806-642-6001 - telephone 806-642-6274 - fax /s/ Valeri Stiers Malone VALERI STIERS MALONE State Bar No. 24014508 vmalone@maloneiniurylawyers.com MATTHEW ROSS MALONE State Bar No. 24013091 mmalone@maloneiniurvlawvers.com ATTORNEYS FOR PLAINTIFF Plaintiff s Original Petition Page 6