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FILED
5/6/2024 5:23 PM
FELICIA PITRE
3 CIT - ESERVE DISTRICT CLERK
DALLAS 00., TEXAS
JURY DEMAND Phyllis Vaughn DEPUTY
DC-24-06647
CAUSE NO.
ALEX SOTO-PAGAN § IN THE DISTRICT COURT OF
§
Plaintijf, §
§
V. § DALLAS COUNTY, TEXAS
§
CHRISTOPHER BOBBITT, PV §
HOLDING CORP. D/B/A P VEHICLE §
HOLDING CORP., AND AVIS BUDGET§
CAR RENTAL, LLC §
44th
g
Defendant. § JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
Plaintiff, Alex Soto-Pagan, (hereinafter, “Plaintiff ’), complains of Defendant, Christopher
Bobbitt, (hereinafter, “Defendant Bobbitt”), Defendant PV Holding Corp. D/B/A P Vehicle
Holding Corp. (hereinafter, “Defendant PV”), and Defendant Avis Budget Car Rental, LLC.
(hereinafter, “Defendant Avis”) 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 Bexar County, Texas.
Statement Regarding Monetary Relief Sought
3. Pursuant to Texas Rule of Civil Procedure 47(0), Plaintiff seeks monetary relief over
$250,000.00, but no more than $1,000,000.00, including damages of any kind, penalties, costs,
expenses, pre-judgment interest and attorney’s fees 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.
4. Plaintiff, Alex Soto-Pagan, is a resident citizen of Bexar County, Texas.
5. Defendant Christopher Bobbitt is a resident citizen of Dallas County, Texas. Defendant
may be served with process at his residence and usual place of abode at 3427 Howell St., Dallas,
Texas 75204, or wherever he may be found.
6. Defendant PV Holding Corp. D/B/A P Vehicle Holding Corp. (hereinafter “Defendant PV
Holding”) is an American corporation which transacts business in the State of Texas. Defendant
conducts active operations at 6505 Convair Ste 400 Rd., El Paso, Texas, 79925, and has the right
to conduct and transact business in the State of Texas. Defendant PV Holding may be served with
process by serving its registered agent Corporation Service Company D/B/A CSC-Lawyers
Incorporating Service Company at 701 Brazos Street Suite 1050, Austin, Texas 78701.
7. Defendant Avis Budget Car Rental, LLC. (hereinafter “Defendant Avis”) is an American
corporation which transacts business in the State of Texas. Defendant conducts active operations
at 6505 Convair Ste 400 Rd., E1 Paso, Texas, 79925, and has the right to conduct and transact
business in the State of Texas. Defendant Avis may be served with process by serving its registered
agent Corporation Service Company D/B/A CSC-Lawyers Incorporating Service Company at 701
Brazos Street Suite 620, Austin, Texas 78701.
Background
8. This lawsuit is necessary as a result of personal injuries that Plaintiff sustained on or about
May 6, 2022. At that time, Plaintiff was traveling eastbound by car on BI—20 in Midland County,
Texas. Defendant Bobbitt was simultaneously at a stop sign at of BI-20 and CR 1250 traveling
nofihbound to cross in front of Plaintiff. At this time, Defendant Bobbitt failed to yield the right
of way when he cut out in front of Plaintiff. At the time of the incident made the basis of this
lawsuit, Plaintiff attempted to avoid the collision but was unable to. At this time, Defendant
Bobbitt failed to keep a proper lookout and to maneuver his vehicle safely when he failed to yield
the right of way to Plaintiff. Defendant Bobbitt failed to operate his vehicle safely, failed to control
his speed, failed to apply timely brakes, failed to keep a proper look out, failed to yield the right
of way, and collided with the front of Plaintiffs vehicle. As a result of Defendant’s negligence
and/or negligence per se, Plaintiff suffered serious and permanent injuries.
9. Defendant Bobbitt’s aforementioned conduct constitutes negligence and/or negligence per
se for one or more of the following reasons:
a. Failure to operate his vehicle in a safe manner;
b. Failure to control his vehicle’s speed;
c. Failure to keep a proper lookout while operating his vehicle;
d. Failure to timely apply brakes;
e. Failure to exercise the reasonable care that a professional driver of a commercial
vehicle would use when failing to yield the right of way to another vehicle;
f. Failure to exercise reasonable care that a professional driver of a commercial
vehicle would use when he operated the truck without proper driver attention, or
driver inattention; and
g. Other acts so deemed negligent.
10. At all times material, including at the time of the incident, Defendant Bobbitt was operating
a vehicle rented to him by Defendant PV Holding and Defendant Avis and was operating the
company vehicle he was driving in the course and scope of his rental agreement with Defendants
PV Holding and Avis. Consequently, Defendant PV Holding and Defendant Avis are therefore
vicariously liable for its employee’s negligent acts and/or omissions under the theory of respondeat
superior.
11. Furthermore, at all times relevant hereto, Defendant PV Holding and Defendant Avis were
the owners of the vehicle described above that was operated by Defendant Bobbitt. Accordingly,
the above described impact was caused by the negligence of Defendant Bobbitt and the direct and
independent negligence of Defendants PV Holding and Avis, which rented the vehicle to
Defendant Bobbitt. Specifically, Defendant PV Holding and Defendant Avis knew, or through the
exercise of reasonable care should have known, that Defendant Bobbitt was a careless, reckless,
incompetent and/or unqualified driver or was not adequately insured regarding proper rental, use,
and operation of the vehicle. Defendant PV Holding and Defendant Avis were negligent in their
entrustment of Defendant Bobbitt. Asserted in the alternative, Defendant PV Holding and
Defendant Avis also failed to properly maintain the vehicle in good and working condition and as
required under applicable Texas law. Defendant PV Holding and Defendant Avis’s conduct
constitutes negligence, direct negligence, and/or negligence per se for one or more of the following
reasons:
a. Negligent entrustment;
b. Failing to exercise reasonable care to properly repair and maintain the vehicle
owned by Defendant PV Holding and Defendant Avis and operated by Defendant
Bobbitt at the time of the incident that makes the basis of this suit;
c. Failing to exercise reasonable care in qualifying and its drivers; and
d. Other acts so deemed negligent.
12. Each of the foregoing negligent acts and/or omissions, whether taken singularly or in any
combination, was a proximate cause of Plaintiff’s injuries and damages that are described below.
Dama es
13. As a direct and proximate result of the above-described actions of Defendants, Plaintiff
will show that he has suffered actual damages within the jurisdictional limits of this Court. By
Virtue of the actions and conduct of the Defendants 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;
c. Past and future physical impairment;
d. Past and future physical disfigurement;
e. Past lost wages and future loss of earning capacity;
JIIH DBHIMNI
14. Plaintiff hereby demands a trial by jury.
Initial Disclosures
15. Pursuant to Texas Rules of Civil Procedure 194, Defendants must, without awaiting a
discovery request, provide the information or materials described in TEXAS RULE 0F CIVIL
PROCEDURE 194.2 within 30 days of being served with this petition.
Rule 193.7 Notice
16. Plaintiff hereby gives actual notice to Defendants that any and all documents produced
may be used against Defendants at any pre-trial proceeding and/or at trial of this matter without
the necessity of authenticating the documents.
Prayer
For the reasons discussed herein, Plaintiff prays that this citation issue and be served upon
Defendants in a form and manner prescribed by law, requiring that Defendants appear and answer,
and that upon final hearing, Plaintiff has a judgment against Defendants 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 he may be justly entitled.
Respectfully submitted,
PEREZ NAVEJAR LAW FIRM
|
”
/s/ Pedro “Pete Perez-Naveiar
Pedro “Pete” Perez-Navej ar
Texas State Bar No. 24121051
2512 San Luis St.
San Antonio, Texas 78207
Telephone: (210) 775-0599
Facsimile: (210) 783-8065
Email : ppn@pereznaveiarlaw.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.
Pedro Perez-Navejar on behalf of Pedro Perez-Navejar
Bar No. 24121051
ppn@pereznavejarlaw.com
Envelope ID: 87436781
Filing Code Description: Original Petition
Filing Description:
Status as of 5/11/2024 5:07 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Pedro Perez-Navejar ppn@pereznavejarlaw.com 5/6/2024 5:23:33 PM SENT
Jaime Holder jholder@proactivelegal.com 5/6/2024 5:23:33 PM SENT
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FILED 5/6/2024 5:23 PM FELICIA PITRE 3 CIT - ESERVE DISTRICT CLERK DALLAS 00., TEXAS JURY DEMAND Phyllis Vaughn DEPUTY DC-24-06647 CAUSE NO. ALEX SOTO-PAGAN § IN THE DISTRICT COURT OF § Plaintijf, § § V. § DALLAS COUNTY, TEXAS § CHRISTOPHER BOBBITT, PV § HOLDING CORP. D/B/A P VEHICLE § HOLDING CORP., AND AVIS BUDGET§ CAR RENTAL, LLC § 44th g Defendant. § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION Plaintiff, Alex Soto-Pagan, (hereinafter, “Plaintiff ’), complains of Defendant, Christopher Bobbitt, (hereinafter, “Defendant Bobbitt”), Defendant PV Holding Corp. D/B/A P Vehicle Holding Corp. (hereinafter, “Defendant PV”), and Defendant Avis Budget Car Rental, LLC. (hereinafter, “Defendant Avis”) 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 Bexar County, Texas. Statement Regarding Monetary Relief Sought 3. Pursuant to Texas Rule of Civil Procedure 47(0), Plaintiff seeks monetary relief over $250,000.00, but no more than $1,000,000.00, including damages of any kind, penalties, costs, expenses, pre-judgment interest and attorney’s fees 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. 4. Plaintiff, Alex Soto-Pagan, is a resident citizen of Bexar County, Texas. 5. Defendant Christopher Bobbitt is a resident citizen of Dallas County, Texas. Defendant may be served with process at his residence and usual place of abode at 3427 Howell St., Dallas, Texas 75204, or wherever he may be found. 6. Defendant PV Holding Corp. D/B/A P Vehicle Holding Corp. (hereinafter “Defendant PV Holding”) is an American corporation which transacts business in the State of Texas. Defendant conducts active operations at 6505 Convair Ste 400 Rd., El Paso, Texas, 79925, and has the right to conduct and transact business in the State of Texas. Defendant PV Holding may be served with process by serving its registered agent Corporation Service Company D/B/A CSC-Lawyers Incorporating Service Company at 701 Brazos Street Suite 1050, Austin, Texas 78701. 7. Defendant Avis Budget Car Rental, LLC. (hereinafter “Defendant Avis”) is an American corporation which transacts business in the State of Texas. Defendant conducts active operations at 6505 Convair Ste 400 Rd., E1 Paso, Texas, 79925, and has the right to conduct and transact business in the State of Texas. Defendant Avis may be served with process by serving its registered agent Corporation Service Company D/B/A CSC-Lawyers Incorporating Service Company at 701 Brazos Street Suite 620, Austin, Texas 78701. Background 8. This lawsuit is necessary as a result of personal injuries that Plaintiff sustained on or about May 6, 2022. At that time, Plaintiff was traveling eastbound by car on BI—20 in Midland County, Texas. Defendant Bobbitt was simultaneously at a stop sign at of BI-20 and CR 1250 traveling nofihbound to cross in front of Plaintiff. At this time, Defendant Bobbitt failed to yield the right of way when he cut out in front of Plaintiff. At the time of the incident made the basis of this lawsuit, Plaintiff attempted to avoid the collision but was unable to. At this time, Defendant Bobbitt failed to keep a proper lookout and to maneuver his vehicle safely when he failed to yield the right of way to Plaintiff. Defendant Bobbitt failed to operate his vehicle safely, failed to control his speed, failed to apply timely brakes, failed to keep a proper look out, failed to yield the right of way, and collided with the front of Plaintiffs vehicle. As a result of Defendant’s negligence and/or negligence per se, Plaintiff suffered serious and permanent injuries. 9. Defendant Bobbitt’s aforementioned conduct constitutes negligence and/or negligence per se for one or more of the following reasons: a. Failure to operate his vehicle in a safe manner; b. Failure to control his vehicle’s speed; c. Failure to keep a proper lookout while operating his vehicle; d. Failure to timely apply brakes; e. Failure to exercise the reasonable care that a professional driver of a commercial vehicle would use when failing to yield the right of way to another vehicle; f. Failure to exercise reasonable care that a professional driver of a commercial vehicle would use when he operated the truck without proper driver attention, or driver inattention; and g. Other acts so deemed negligent. 10. At all times material, including at the time of the incident, Defendant Bobbitt was operating a vehicle rented to him by Defendant PV Holding and Defendant Avis and was operating the company vehicle he was driving in the course and scope of his rental agreement with Defendants PV Holding and Avis. Consequently, Defendant PV Holding and Defendant Avis are therefore vicariously liable for its employee’s negligent acts and/or omissions under the theory of respondeat superior. 11. Furthermore, at all times relevant hereto, Defendant PV Holding and Defendant Avis were the owners of the vehicle described above that was operated by Defendant Bobbitt. Accordingly, the above described impact was caused by the negligence of Defendant Bobbitt and the direct and independent negligence of Defendants PV Holding and Avis, which rented the vehicle to Defendant Bobbitt. Specifically, Defendant PV Holding and Defendant Avis knew, or through the exercise of reasonable care should have known, that Defendant Bobbitt was a careless, reckless, incompetent and/or unqualified driver or was not adequately insured regarding proper rental, use, and operation of the vehicle. Defendant PV Holding and Defendant Avis were negligent in their entrustment of Defendant Bobbitt. Asserted in the alternative, Defendant PV Holding and Defendant Avis also failed to properly maintain the vehicle in good and working condition and as required under applicable Texas law. Defendant PV Holding and Defendant Avis’s conduct constitutes negligence, direct negligence, and/or negligence per se for one or more of the following reasons: a. Negligent entrustment; b. Failing to exercise reasonable care to properly repair and maintain the vehicle owned by Defendant PV Holding and Defendant Avis and operated by Defendant Bobbitt at the time of the incident that makes the basis of this suit; c. Failing to exercise reasonable care in qualifying and its drivers; and d. Other acts so deemed negligent. 12. Each of the foregoing negligent acts and/or omissions, whether taken singularly or in any combination, was a proximate cause of Plaintiff’s injuries and damages that are described below. Dama es 13. As a direct and proximate result of the above-described actions of Defendants, Plaintiff will show that he has suffered actual damages within the jurisdictional limits of this Court. By Virtue of the actions and conduct of the Defendants 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; c. Past and future physical impairment; d. Past and future physical disfigurement; e. Past lost wages and future loss of earning capacity; JIIH DBHIMNI 14. Plaintiff hereby demands a trial by jury. Initial Disclosures 15. Pursuant to Texas Rules of Civil Procedure 194, Defendants must, without awaiting a discovery request, provide the information or materials described in TEXAS RULE 0F CIVIL PROCEDURE 194.2 within 30 days of being served with this petition. Rule 193.7 Notice 16. Plaintiff hereby gives actual notice to Defendants that any and all documents produced may be used against Defendants at any pre-trial proceeding and/or at trial of this matter without the necessity of authenticating the documents. Prayer For the reasons discussed herein, Plaintiff prays that this citation issue and be served upon Defendants in a form and manner prescribed by law, requiring that Defendants appear and answer, and that upon final hearing, Plaintiff has a judgment against Defendants 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 he may be justly entitled. Respectfully submitted, PEREZ NAVEJAR LAW FIRM | ” /s/ Pedro “Pete Perez-Naveiar Pedro “Pete” Perez-Navej ar Texas State Bar No. 24121051 2512 San Luis St. San Antonio, Texas 78207 Telephone: (210) 775-0599 Facsimile: (210) 783-8065 Email : ppn@pereznaveiarlaw.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. Pedro Perez-Navejar on behalf of Pedro Perez-Navejar Bar No. 24121051 ppn@pereznavejarlaw.com Envelope ID: 87436781 Filing Code Description: Original Petition Filing Description: Status as of 5/11/2024 5:07 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Pedro Perez-Navejar ppn@pereznavejarlaw.com 5/6/2024 5:23:33 PM SENT Jaime Holder jholder@proactivelegal.com 5/6/2024 5:23:33 PM SENT