Preview
5/10/2024 8:10 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 87593278
2024-29895 / Court: 190 By: Jalisa Feagin
Filed: 5/10/2024 8:10 AM
CAUSE NO.
CHANDRA KALA CHAUDHARY IN THE DISTRICT COURT OF
Plaintiff,
VS.
HARRIS COUNTY, TEXAS
IRIS HERNANDEZ and
NESTOR LEOPOLDO RIVAS BENITEZ
Defendants. JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT
Plaintiff, Chandra Kala Chaudhary, (hereinafter “Plaintiff’), hereby files this Original
Petition and complains of Iris Hernandez and Nestor Leopoldo Rivas Benitez, Defendants herein,
and for causes of action would respectfully show unto this Honorable Court and Jury as follows
L
DISCOVERY PLAN
1 Discovery in this case is to be conducted under Level 2 of Rule 190.3 of the Texas
Rules of Civil Procedure, as the Plaintiff seeks monetary relief over $250,000 but not more than
$1,000,000
I.
PARTIES
2 Plaintiff is a natural person residing in Harris County, Texas.
3 Defendant Iris Hernandez, (hereinafter “Defendant” or “Hernandez”) is an
individual who is domiciled in Harris County and may be served with process at Defendant’s
residence, located at 6060 Gulfton St., Apt 502, Houston, Texas 77081, or wherever she may be
found for service of process.
4 Defendant Nestor Leopoldo Rivas Benitez, (hereinafter “Defendant” or “Benitez”)
Plaintiffs Original Petition
Page 1
is an individual who is domiciled in Harris County and may be served with process at Defendant’s
residence, located at 6060 Gulfton St., Apt 502, Houston, Texas 77081, or wherever he may be
found for service of process.
Ti.
VENUE AND JURISDICTION
5 Venue is proper in Harris County, Texas, pursuant to §15.002(a)(1) of the Texas
Civil Practice and Remedies Code as all or a substantial part of the events or omissions giving rise
to the claim occurred in Harris County, Texas.
6 Jurisdiction is proper because the amount in controversy exceeds the minimum
jurisdictional limits of this Court. This Court has personal jurisdiction over all parties as set out
in section II.
Iv.
FACTS
7 On or about November 4, 2022, Plaintiff was traveling westbound in the 5800 block
of Gulfton St. At the same date and time, Defendant Hernandez was traveling immediately behind
the Plaintiff's vehicle when she suddenly, violently, and without warning, failed to control her
speed and collided with the Plaintiffs vehicle. The responding officer issued a citation to
Defendant Hernandez for failing to control her speed. The Plaintiff sustained injuries proximately
caused by Defendant’s negligence. Nothing Plaintiff did or failed to do contributed to the collision.
8 Defendant Hernandez was driving a vehicle owned, controlled and maintained by
Defendant Benitez. Benitez entrusted the vehicle to Hernandez who was an incompetent and
reckless driver and is liable for negligent entrustment.
Plaintiffs Original Petition
Page 2
Vv.
NEGLIGENCE
9 The negligence of Hernandez was a proximate cause of the occurrence in question.
Hernandez had a duty to exercise reasonable care, and Hernandez breached such duty by the
following acts and/or omissions, including but not limited to:
a. Failing to maintain an assured clear distance to avoid the collision;
b Failing to control the speed of the vehicle;
Failing to pay attention to the driving conditions;
Failing to take proper evasive action;
Failing to timely apply the brakes;
Failing to avoid the collision;
Failing to maintain a proper lookout;
Failing to drive in a reasonably attentive manner;
Violating the terms and provisions of the TEXAS TRANSPORTATION CODE and the Texas
Driver’s Handbook; and,
Failing to act as a reasonably prudent driver would have done under the same or similar
circumstances.
10. Each of the above referenced acts or omissions by Hernandez, singularly or in
combination, directly and/or proximately caused Plaintiff’s injuries and damages.
VI.
NEGLIGENCE PER SE
11. Hernandez also violated local ordinances and state traffic laws which constituted
negligence per se. Hernandez’s negligence per se was a proximate cause of the collision in
question and the Plaintiffs injuries and damages. Hernandez’s violations of local ordinances and
state traffic laws included but are not limited to the following:
Plaintiffs Original Petition
Page 3
a. Violation of the laws of the State of Texas, including TEXAS TRANSPORTATION CODE
§545.401, whereby Defendant drove the vehicle in willful or wanton disregard for the
safety of persons;
Violation of the laws of the State of Texas, including TEXAS TRANSPORTATION CODE
§545.351, whereby Defendant failed to control the speed of the vehicle as necessary to
avoid a collision; and
Violation of the laws of the State of Texas, including TEXAS TRANSPORTATION CODE
§545.062, Defendant failed to maintain an assured clear distance to avoid a collision.
12. On the occasion in question, Hernandez failed to comply with the above provisions
of the TEXAS TRANSPORTATION CODE. Plaintiff is within the class of persons designed to be
protected by the above referenced statutes. As such, Hernandez’s conduct on the occasion in
question constituted negligence per se, that is, negligence as a matter of law. Hernandez’s
negligence per se was a direct and proximate cause of the incident in question and Plaintiff's
personal injuries and damages
VIL.
NEGLIGENT ENTRUSTMENT
13. Further, and in the alternative, Benitez is liable to the Plaintiff under the theory of
negligent entrustment Benitez, as the owner or leasee of the vehicle driven by Hernandez,
negligently entrusted the subject vehicle to Hernandez, Hernandez was an incompetent and/or
reckless driver, Benitez knew or should have known that Hernandez was an incompetent and/or
reckless driver, and Benitez’s negligence on the occasion was a proximate cause of the occurrence
in question.
Vil.
DAMAGES
14. As a direct and proximate result of the actions and/or omissions of the Defendants,
Plaintiff has sustained damages in the past, and, in all reasonable probability, will sustain damages
Plaintiffs Original Petition
Page 4
in the future, for medical expenses, pain and suffering, mental anguish, physical impairment,
disfigurement, cost of repair, loss of use of the vehicle, diminution in value, and property damage.
IX.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, Chandra Kala Chaudhary, prays
that Defendants be cited to appear and answer herein. Plaintiff also prays that upon final hearing
of this cause, that Plaintiff is awarded a judgment against the Defendants for all damages described
herein, including actual damages, costs of suit, pre- and post-judgment interest at the highest legal
rate, and for such other and further relief, both general and special, at equity and in law, to which
Plaintiff may show herself justly entitled.
Respectfully submitted,
KWOK DANIEL LTD., L.L.P.
/s/ Shadi F_ Rafeedi
Shadi F. Rafeedie
SBN: 24105964
Email: srafeedie@kwoklaw.com
2050 W. Sam Houston Pkwy S., Ste 1500
Houston, Texas 77042
Telephone: 713.773.3380
Facsimile: 713.773.3960
ATTORNEY FOR PLAINTIFF
Plaintiff's Original Petition
Page 5
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.
Jasmine Cantu on behalf of Shadi Rafeedie
Bar No. 24105964
Jcantu@kwoklaw.com
Envelope ID: 87593278
Filing Code Description: Petition
Filing Description: Plaintiff's Original Petition
Status as of 5/10/2024 8:52 AM CST
Associated Case Party: ChandraKalaChaudhary
Name BarNumber | Email TimestampSubmitted | Status
Jessica Snyder Jsnyder@kwoklaw.com | 5/10/2024 8:10:16 AM | SENT
Preview
5/10/2024 8:10 AM Marilyn Burgess - District Clerk Harris County Envelope No. 87593278 2024-29895 / Court: 190 By: Jalisa Feagin Filed: 5/10/2024 8:10 AM CAUSE NO. CHANDRA KALA CHAUDHARY IN THE DISTRICT COURT OF Plaintiff, VS. HARRIS COUNTY, TEXAS IRIS HERNANDEZ and NESTOR LEOPOLDO RIVAS BENITEZ Defendants. JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT Plaintiff, Chandra Kala Chaudhary, (hereinafter “Plaintiff’), hereby files this Original Petition and complains of Iris Hernandez and Nestor Leopoldo Rivas Benitez, Defendants herein, and for causes of action would respectfully show unto this Honorable Court and Jury as follows L DISCOVERY PLAN 1 Discovery in this case is to be conducted under Level 2 of Rule 190.3 of the Texas Rules of Civil Procedure, as the Plaintiff seeks monetary relief over $250,000 but not more than $1,000,000 I. PARTIES 2 Plaintiff is a natural person residing in Harris County, Texas. 3 Defendant Iris Hernandez, (hereinafter “Defendant” or “Hernandez”) is an individual who is domiciled in Harris County and may be served with process at Defendant’s residence, located at 6060 Gulfton St., Apt 502, Houston, Texas 77081, or wherever she may be found for service of process. 4 Defendant Nestor Leopoldo Rivas Benitez, (hereinafter “Defendant” or “Benitez”) Plaintiffs Original Petition Page 1 is an individual who is domiciled in Harris County and may be served with process at Defendant’s residence, located at 6060 Gulfton St., Apt 502, Houston, Texas 77081, or wherever he may be found for service of process. Ti. VENUE AND JURISDICTION 5 Venue is proper in Harris County, Texas, pursuant to §15.002(a)(1) of the Texas Civil Practice and Remedies Code as all or a substantial part of the events or omissions giving rise to the claim occurred in Harris County, Texas. 6 Jurisdiction is proper because the amount in controversy exceeds the minimum jurisdictional limits of this Court. This Court has personal jurisdiction over all parties as set out in section II. Iv. FACTS 7 On or about November 4, 2022, Plaintiff was traveling westbound in the 5800 block of Gulfton St. At the same date and time, Defendant Hernandez was traveling immediately behind the Plaintiff's vehicle when she suddenly, violently, and without warning, failed to control her speed and collided with the Plaintiffs vehicle. The responding officer issued a citation to Defendant Hernandez for failing to control her speed. The Plaintiff sustained injuries proximately caused by Defendant’s negligence. Nothing Plaintiff did or failed to do contributed to the collision. 8 Defendant Hernandez was driving a vehicle owned, controlled and maintained by Defendant Benitez. Benitez entrusted the vehicle to Hernandez who was an incompetent and reckless driver and is liable for negligent entrustment. Plaintiffs Original Petition Page 2 Vv. NEGLIGENCE 9 The negligence of Hernandez was a proximate cause of the occurrence in question. Hernandez had a duty to exercise reasonable care, and Hernandez breached such duty by the following acts and/or omissions, including but not limited to: a. Failing to maintain an assured clear distance to avoid the collision; b Failing to control the speed of the vehicle; Failing to pay attention to the driving conditions; Failing to take proper evasive action; Failing to timely apply the brakes; Failing to avoid the collision; Failing to maintain a proper lookout; Failing to drive in a reasonably attentive manner; Violating the terms and provisions of the TEXAS TRANSPORTATION CODE and the Texas Driver’s Handbook; and, Failing to act as a reasonably prudent driver would have done under the same or similar circumstances. 10. Each of the above referenced acts or omissions by Hernandez, singularly or in combination, directly and/or proximately caused Plaintiff’s injuries and damages. VI. NEGLIGENCE PER SE 11. Hernandez also violated local ordinances and state traffic laws which constituted negligence per se. Hernandez’s negligence per se was a proximate cause of the collision in question and the Plaintiffs injuries and damages. Hernandez’s violations of local ordinances and state traffic laws included but are not limited to the following: Plaintiffs Original Petition Page 3 a. Violation of the laws of the State of Texas, including TEXAS TRANSPORTATION CODE §545.401, whereby Defendant drove the vehicle in willful or wanton disregard for the safety of persons; Violation of the laws of the State of Texas, including TEXAS TRANSPORTATION CODE §545.351, whereby Defendant failed to control the speed of the vehicle as necessary to avoid a collision; and Violation of the laws of the State of Texas, including TEXAS TRANSPORTATION CODE §545.062, Defendant failed to maintain an assured clear distance to avoid a collision. 12. On the occasion in question, Hernandez failed to comply with the above provisions of the TEXAS TRANSPORTATION CODE. Plaintiff is within the class of persons designed to be protected by the above referenced statutes. As such, Hernandez’s conduct on the occasion in question constituted negligence per se, that is, negligence as a matter of law. Hernandez’s negligence per se was a direct and proximate cause of the incident in question and Plaintiff's personal injuries and damages VIL. NEGLIGENT ENTRUSTMENT 13. Further, and in the alternative, Benitez is liable to the Plaintiff under the theory of negligent entrustment Benitez, as the owner or leasee of the vehicle driven by Hernandez, negligently entrusted the subject vehicle to Hernandez, Hernandez was an incompetent and/or reckless driver, Benitez knew or should have known that Hernandez was an incompetent and/or reckless driver, and Benitez’s negligence on the occasion was a proximate cause of the occurrence in question. Vil. DAMAGES 14. As a direct and proximate result of the actions and/or omissions of the Defendants, Plaintiff has sustained damages in the past, and, in all reasonable probability, will sustain damages Plaintiffs Original Petition Page 4 in the future, for medical expenses, pain and suffering, mental anguish, physical impairment, disfigurement, cost of repair, loss of use of the vehicle, diminution in value, and property damage. IX. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, Chandra Kala Chaudhary, prays that Defendants be cited to appear and answer herein. Plaintiff also prays that upon final hearing of this cause, that Plaintiff is awarded a judgment against the Defendants for all damages described herein, including actual damages, costs of suit, pre- and post-judgment interest at the highest legal rate, and for such other and further relief, both general and special, at equity and in law, to which Plaintiff may show herself justly entitled. Respectfully submitted, KWOK DANIEL LTD., L.L.P. /s/ Shadi F_ Rafeedi Shadi F. Rafeedie SBN: 24105964 Email: srafeedie@kwoklaw.com 2050 W. Sam Houston Pkwy S., Ste 1500 Houston, Texas 77042 Telephone: 713.773.3380 Facsimile: 713.773.3960 ATTORNEY FOR PLAINTIFF Plaintiff's Original Petition Page 5 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. Jasmine Cantu on behalf of Shadi Rafeedie Bar No. 24105964 Jcantu@kwoklaw.com Envelope ID: 87593278 Filing Code Description: Petition Filing Description: Plaintiff's Original Petition Status as of 5/10/2024 8:52 AM CST Associated Case Party: ChandraKalaChaudhary Name BarNumber | Email TimestampSubmitted | Status Jessica Snyder Jsnyder@kwoklaw.com | 5/10/2024 8:10:16 AM | SENT