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FILED
5/9/2024 3:11 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Belinda Hernandez DEPUTY
CAUSE NO. __________
DC-24-06900
LASHONDA STATON § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § DALLAS COUNTY, TEXAS
§
DALLAS AREA RAPID TRANSIT §
§
Defendant. § ____ JUDICIAL DISTRICT
191st
PLAINTIFF’S ORIGINAL PETITION
Plaintiff Lashonda Staton complains of Defendant Dallas Area Rapid Transit (DART), 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’s fees and costs to Plaintiff is justly entitled. Plaintiff
expressly reserves the right to amend this Rule 47 statement of relief if necessary.
Parties
4. Plaintiff, Lashonda Staton is an individual residing in Dallas County, Texas.
5. Defendant, Dallas Area Rapid Transit is a transit agency located in Dallas County, Texas, and
may be served at 1401 Pacific Ave Dallas, TX 75202.
Facts
6. This lawsuit is necessary to advance a claim of personal injuries that the Plaintiff received on
or about March 28, 2024. On this day, Plaintiff was riding the bus when Defendant slammed
on his brakes. This caused Plaintiff to fall and hit her face on a pole in the bus. As a result of
Defendant’s negligence and/or negligence per se, Plaintiff suffered serious and permanent
injuries.
7. Defendant’s conduct constitutes negligence and/or negligence per se for one or more of the
following reasons:
a. Failure to maintain an assured clear distance;
b. Failed to control vehicle’s speed;
c. Failed to operate the vehicle safely;
d. Failed to keep a proper lookout;
e. Failed to timely apply brakes;
f. Failed to maintain a safe distance;
g. Violated applicable local, state, and federal laws and/or regulations; and/or
h. Other acts so deemed negligent.
8. As a result of these acts or omissions, Plaintiffs sustained damages recognizable by law.
Damages
9. By virtue of the actions and conduct of Defendant as set forth above, Plaintiff was seriously
injured and is entitled to recover the following damages:
a. Past and future medical expenses;
2
b. Past and future pain, suffering and mental anguish;
c. Past and future physical impairment;
d. Past and future physical disfigurement; and
e. Past lost wages and future loss of earning capacity.
By reason of the above, Plaintiff is entitled to recover damages from Defendant in an amount
within the jurisdictional limits of this Court, as well as pre and post-judgment interest.
Duty to Disclose
10. Pursuant to 194, Tex. R. Civ. P. exempted by Rule 194.2(d), Defendant must, without
awaiting a discovery request, provide to Plaintiffs the information or material described in Rule
194.2, Rule 194.3, and Rule 194.4.
Initial Disclosures
11. Pursuant to Rule 194, Tex. R. Civ. P., Defendants must, without awaiting a discovery request,
provide information or materials described in Texas Rule of Civil Procedure 194.2 in
Defendants’ initial disclosure at or within 30 days after the filing of the first answer. Copies of
documents and other tangible things must be served with Defendants’ 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
13. Plaintiff prays that this citation issues and be served upon Defendant in a form and manner
prescribed by law, requiring that Defendant appears and answers, and that upon final hearing,
Plaintiff has judgment against Defendant in a total sum in excess of the minimum jurisdictional
3
limits of this Court, plus pre-and post-judgment interest, all costs of Court, and all such other
and further relief, to which she may be justly entitled.
Respectfully submitted,
DASPIT LAW FIRM
/s/ Jesse Dadres.
Jesse Dadres
Texas State Bar No. 24139968
600 North Pearl Street, Suite 2205
Dallas, Texas 75201
Telephone: (713) 322-4878
Facsimile: (713) 587-9086
Email: JDadres@Daspitlaw.com
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
I hereby certify that true and correct copies of the above and foregoing instrument have
been served on Defendant along with Plaintiff’s Original Petition.
/s/ Jesse Dadres .
Jesse Dadres
4
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.
Tomi Kayode on behalf of John Daspit
Bar No. 24048906
tkayode@daspitlaw.com
Envelope ID: 87576792
Filing Code Description: Original Petition
Filing Description:
Status as of 5/15/2024 2:21 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Jaime Holder jholder@proactivelegal.com 5/9/2024 3:11:29 PM SENT
Jesse Dadres jdadres@daspitlaw.com 5/9/2024 3:11:29 PM SENT
DLF Intake intake@daspitlaw.com 5/9/2024 3:11:29 PM SENT
DLF Eservice dlf-eservice@daspitlaw.com 5/9/2024 3:11:29 PM SENT
Tomi Kayode tkayode@daspitlaw.com 5/9/2024 3:11:29 PM SENT
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FILED 5/9/2024 3:11 PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Belinda Hernandez DEPUTY CAUSE NO. __________ DC-24-06900 LASHONDA STATON § IN THE DISTRICT COURT § Plaintiff, § § v. § DALLAS COUNTY, TEXAS § DALLAS AREA RAPID TRANSIT § § Defendant. § ____ JUDICIAL DISTRICT 191st PLAINTIFF’S ORIGINAL PETITION Plaintiff Lashonda Staton complains of Defendant Dallas Area Rapid Transit (DART), 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’s fees and costs to Plaintiff is justly entitled. Plaintiff expressly reserves the right to amend this Rule 47 statement of relief if necessary. Parties 4. Plaintiff, Lashonda Staton is an individual residing in Dallas County, Texas. 5. Defendant, Dallas Area Rapid Transit is a transit agency located in Dallas County, Texas, and may be served at 1401 Pacific Ave Dallas, TX 75202. Facts 6. This lawsuit is necessary to advance a claim of personal injuries that the Plaintiff received on or about March 28, 2024. On this day, Plaintiff was riding the bus when Defendant slammed on his brakes. This caused Plaintiff to fall and hit her face on a pole in the bus. As a result of Defendant’s negligence and/or negligence per se, Plaintiff suffered serious and permanent injuries. 7. Defendant’s conduct constitutes negligence and/or negligence per se for one or more of the following reasons: a. Failure to maintain an assured clear distance; b. Failed to control vehicle’s speed; c. Failed to operate the vehicle safely; d. Failed to keep a proper lookout; e. Failed to timely apply brakes; f. Failed to maintain a safe distance; g. Violated applicable local, state, and federal laws and/or regulations; and/or h. Other acts so deemed negligent. 8. As a result of these acts or omissions, Plaintiffs sustained damages recognizable by law. Damages 9. By virtue of the actions and conduct of Defendant as set forth above, Plaintiff was seriously injured and is entitled to recover the following damages: a. Past and future medical expenses; 2 b. Past and future pain, suffering and mental anguish; c. Past and future physical impairment; d. Past and future physical disfigurement; and e. Past lost wages and future loss of earning capacity. By reason of the above, Plaintiff is entitled to recover damages from Defendant in an amount within the jurisdictional limits of this Court, as well as pre and post-judgment interest. Duty to Disclose 10. Pursuant to 194, Tex. R. Civ. P. exempted by Rule 194.2(d), Defendant must, without awaiting a discovery request, provide to Plaintiffs the information or material described in Rule 194.2, Rule 194.3, and Rule 194.4. Initial Disclosures 11. Pursuant to Rule 194, Tex. R. Civ. P., Defendants must, without awaiting a discovery request, provide information or materials described in Texas Rule of Civil Procedure 194.2 in Defendants’ initial disclosure at or within 30 days after the filing of the first answer. Copies of documents and other tangible things must be served with Defendants’ 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 13. Plaintiff prays that this citation issues and be served upon Defendant in a form and manner prescribed by law, requiring that Defendant appears and answers, and that upon final hearing, Plaintiff has judgment against Defendant in a total sum in excess of the minimum jurisdictional 3 limits of this Court, plus pre-and post-judgment interest, all costs of Court, and all such other and further relief, to which she may be justly entitled. Respectfully submitted, DASPIT LAW FIRM /s/ Jesse Dadres. Jesse Dadres Texas State Bar No. 24139968 600 North Pearl Street, Suite 2205 Dallas, Texas 75201 Telephone: (713) 322-4878 Facsimile: (713) 587-9086 Email: JDadres@Daspitlaw.com ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the above and foregoing instrument have been served on Defendant along with Plaintiff’s Original Petition. /s/ Jesse Dadres . Jesse Dadres 4 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. Tomi Kayode on behalf of John Daspit Bar No. 24048906 tkayode@daspitlaw.com Envelope ID: 87576792 Filing Code Description: Original Petition Filing Description: Status as of 5/15/2024 2:21 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Jaime Holder jholder@proactivelegal.com 5/9/2024 3:11:29 PM SENT Jesse Dadres jdadres@daspitlaw.com 5/9/2024 3:11:29 PM SENT DLF Intake intake@daspitlaw.com 5/9/2024 3:11:29 PM SENT DLF Eservice dlf-eservice@daspitlaw.com 5/9/2024 3:11:29 PM SENT Tomi Kayode tkayode@daspitlaw.com 5/9/2024 3:11:29 PM SENT