Preview
Electronically Submitted
3/26/2024 2:06 PM
Hidalgo County Clerk
Accepted by: Anahi Deleon
CAUSE NO. CL-24-1095-I
TIMOTHY WAYNE WILKINS § IN THE COUNTY COURT
§
§
V. § AT LAW NO. 9 OF
§
§
DAVID SAMUEL SAENZ AND §
NORMA SAENZ § HIDALGO COUNTY, TEXAS
PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION, JURY DEMAND, NOTICE
OF INTENT TO USE DOCUMENTS PURSUANT TO TEXAS RULES OF CIVIL
PROCEDURE RULE 193.7 AND REQUEST FOR NOTICE BY DEFENDANT OF
INTENT TO SEEK ADMISSION OF CRIMINAL CONVICTIONS OF WITNESSES
PURSUANT TO TEXAS RULES OF EVIDENCE RULE 609 (f)
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Plaintiff TIMOTHY WAYNE WILKINS and file this First Amended
Original Petition complaining of Defendants DAVID SAMUEL SAENZ and NORMA SAENZ,
and in support thereof would respectfully show unto the Court the following:
I.
PLAINTIFF’S DESIGNATION OF TRCP 47(b) & (c) MONETARY RELIEF AND
DISCOVERY CONTROL PLAN
Plaintiff seeks damages over $250,000 but not more than $1,000,000.00, pursuant to Tex.
R. Civ. P. 47(c) (4). Plaintiff intends that discovery be conducted under Discovery Level II.
II.
PARTIES
Plaintiff is an individual who resides in Hidalgo County, Texas.
Defendant, DAVID SAMUEL SAENZ is an individual who has been served with process.
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Electronically Submitted
3/26/2024 2:06 PM
Hidalgo County Clerk
Accepted by: Anahi Deleon
Defendant, NORMA SAENZ is an individual who may be served at her address at 3205
Brightwood Avenue, Edinburg, Hidalgo County, Texas 78539, or wherever she may be
found.
III.
JURISDICTION
The Court has jurisdiction over the parties because this incident happened in Texas. The
court has jurisdiction over the controversy because the damages are within the jurisdictional limits
of the court.
IV.
VENUE
Venue is proper in Hidalgo County, Texas because the incident made the basis of this suit
occurred in Hidalgo County.
V.
FACTS
On May 31, 2022, Plaintiff was stationary on the Westbound outside lane at the 100 Block
of West Nolana in McAllen, Hidalgo County, Texas. Defendant DAVID SAMUEL SAENZ was
traveling in the same direction directly behind Plaintiff’s vehicle. Defendant failed to control his
speed causing a collision with Plaintiff’s vehicle, consequently causing Plaintiff to suffer serious
injuries and damages as described herein below.
VI.
NEGLIGENCE OF DEFENDANT
At and immediately before the occurrence in question, Defendant DAVIA SAMUEL
SAENZ was guilty of acts and/or omissions which constituted negligence. These acts and/or
omissions include, but are not limited to the following:
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Electronically Submitted
3/26/2024 2:06 PM
Hidalgo County Clerk
Accepted by: Anahi Deleon
• Failing to keep a proper lookout for Plaintiff’s safety, the safety of others, and the
safety of himself that would have been maintained by a person of ordinary prudence
under the same or similar circumstances;
• Failure to maintain control of Defendant’s motor vehicle;
• Driver inattention;
• Following too closely;
• Failing to timely apply his brakes as a person using ordinary care would have done
in violation of Sec. 545.351 of the Texas Transportation Code;
• Having willful and wanton disregard for the safety of persons and property in
violation of Sec. 545.401(a) of the Transportation Code;
• Engaging in reckless conduct that placed another in imminent danger of serious
bodily injury in violation of Sec. 545.042 (d) of the Transportation Code; and
• Faulty evasive action.
Such negligence by Defendant DAVID SAMUEL SAENZ was the direct and proximate
cause of the occurrence and the severe bodily injuries of Plaintiff and all of Plaintiff’s damages
resulting therefrom.
VII.
NEGLIGENT ENTRUSTMENT OF DEFENDANT NORMA SAENZ
At and immediately before the occurrence in question, Defendant NORMA SAENZ was
guilty of acts and/or omissions which constituted negligence. These acts and/or omissions include,
but are not limited to, the following:
1. Defendant NORMA SAENZ entrusted her vehicle to Defendant DAVID
SAMUEL SAENZ;
2. Defendant DAVID SAMUEL SAENZ was an unlicensed, incompetent, or
reckless driver;
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Electronically Submitted
3/26/2024 2:06 PM
Hidalgo County Clerk
Accepted by: Anahi Deleon
3. Defendant NORMA SAENZ knew or should have known the driver was
unlicensed, incompetent, or had a propensity to drive recklessly;
4. Defendant DAVID SAMUEL SAENZ was negligent on the occasion in question;
and
5. Defendant DAVID SAMUEL SAENZ’s negligence proximately caused the
Plaintiffs’ injuries.
Each of the above-mentioned acts or omissions constituted negligence which were the
proximate cause or causes of the occurrence in question and the resulting damages sustained by
the Plaintiff herein.
VIII.
PERSONAL INJURY DAMAGES FOR PLAINTIFF
As a direct and proximate result of Defendant’s acts and omissions, Plaintiff TIMOTHY
WAYNE WILKINS suffered serious and permanent personal injuries. Plaintiff’s damages
exceed the minimum jurisdictional limits of this Court, and include but are not limited to:
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
collision complained of herein and such charges are reasonable, usual and
customary charges for such services in Hidalgo County, Texas;
B. Reasonable and necessary medical care and expenses which will in all reasonable
probability be incurred in the future;
C. Physical pain and suffering in the past;
D. Physical pain and suffering in the future;
E. Physical impairment in the past;
F. Physical impairment which, in all reasonable probability, will be suffered in the
future;
G. Loss of earnings in the past;
H. Loss of earning capacity which will, in all probability, be incurred in the future;
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Electronically Submitted
3/26/2024 2:06 PM
Hidalgo County Clerk
Accepted by: Anahi Deleon
I. Mental anguish in the past;
J. Mental anguish in the future;
K. Loss of Property Damage in the past;
L. Loss of Property Damage in the present; and
M. Cost of medical monitoring in the future.
Plaintiff seeks actual damages be awarded to her in the amount exceeding $250,000.00 but
not more than $1,000,000.00, an amount within the jurisdictional limits of this Court, pursuant to
Tex. R. Civ. P. 47 (c) (4).
IX.
NOTICE OF INTENT TO USE DOCUMENTS PRODUCED BY DEFENDANT IN
RESPONSE TO PLAINTIFF’S WRITTEN DISCOVERY PURSUANT TO TEXAS
RULES OF CIVIL PROCEDURE, RULE 193.7
Plaintiff hereby serves notice that Plaintiff intends to use any and all documents produced
by Defendant in response to written discovery propounded to the Defendant. As such, the
produced documents are self-authenticating pursuant to TRCP, Rule 193.7.
X.
PLAINTIFF REQUESTS FOR NOTICE BY DEFENDANT OF INTENT TO SEEK
ADMISSION OF CRIMINAL CONVICTIONS OF WITNESSES PURSUANT TO
TEXAS RULES OF EVIDENCE RULE 609(f)
Plaintiff demands timely written notice by Defendant of Defendant’s intention to seek
admission of criminal convictions as defined in TRE Rule 609(a) against any witness designated
by any party as a relevant fact witness, testifying expert witness and/or any consulting expert
witness whose mental impressions or opinions have been reviewed by a testifying expert witness.
XI.
PREJUDGMENT INTEREST
Plaintiff seeks pre-judgment interest on the past damages found by the trier of fact.
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Electronically Submitted
3/26/2024 2:06 PM
Hidalgo County Clerk
Accepted by: Anahi Deleon
XII.
RESERVATION OF RIGHTS
Plaintiff reserves the right to prove the amount of damages at trial. Plaintiff also reserves
the right to amend this petition to add additional causes of action as further discovery is completed
and as her investigation continues.
XIII.
CONDITIONS PRECEDENT
Pursuant to Rule 154 of the Texas Rules of Civil Procedure, all conditions precedent to
Plaintiff’s right to recover herein and to Defendant’s liability have been performed or have
occurred.
XIV.
JURY DEMAND
Plaintiff demands a trial by jury and has tendered the jury fee.
XV.
REQUIRED DISCLOSURES
Pursuant to Rule 194, Tex. R. civ. Proc., Defendant is required to disclose, within thirty
(30) days of the filing of the first answer, the information or material described in Rule 194.2(b)1-
12. Any Defendant that is served or otherwise joined after the filing of the first answer must make
their initial disclosures within thirty (30) days after being served or joined.
PRAYER
WHEREFORE, PREMISED CONSIDERED, Plaintiff TIMOTHY WAYNE
WILKINS respectfully prays that the Defendant be cited to appear and answer herein, and that
upon a final hearing of the cause judgment be entered for the Plaintiff against Defendant is an
amount within the jurisdictional limits of the Court; actual damages shown, together with pre-
judgment interest (Beginning on the 180th day after the date the Defendant first received written
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Electronically Submitted
3/26/2024 2:06 PM
Hidalgo County Clerk
Accepted by: Anahi Deleon
notice of the claim or on the date the lawsuit was filed, whichever occurs first); post-judgment
interest at the legal rate, costs of court; and such other and further relief to which the Plaintiffs may
be entitled at law or in equity.
/s/ Priscilla Niedzwiedz
Richard Gonzales
State Bar No. 24074290
richard@richardgonzaleslaw.com
Priscilla Niedzwiedz
State Bar No. 24104882
Priscilla@richardgonzaleslaw.com
814 Del Oro Lane
Pharr, Texas 78577
(956) 513-8011 Phone / (713) 583-7214 Fax
ATTORNEYS FOR PLAINTIFF
/s/ Kenneth T. Fibich
Kenneth T. Fibich
State Bar No. 06952600
tfibich@fibichlaw.com
Gregory Q. Fibich
State Bar No. 24059745
gfibich@fibichlaw.com
1150 Bissonnet Street
Houston, Texas 77005
713-751-0025 (Telephone)
713-75-10030 (Facsimile)
ATTORNEYS FOR PLAINTIFF
Page 7 of 7
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.
Richard Gonzales
Bar No. 24074290
rdglaw@hotmail.com
Envelope ID: 85976108
Filing Code Description: Amended Filing
Filing Description: PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION,
JURY DEMAND, NOTICE OF INTENT TO USE DOCUMENTS
PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE RULE 193.7
AND REQUEST FOR NOTICE BY DEFENDANTS OF INTENT TO SEEK
ADMISSION OF CRIMINAL CONVICTIONS OF WITNESSES
PURSUANT TO TEXAS RULES OF EVIDENCE RULE 609(f)
Status as of 3/26/2024 2:11 PM CST
Associated Case Party: TimothyWayneWilkins
Name BarNumber Email TimestampSubmitted Status
Richard Gonzales richard@richardgonzaleslaw.com 3/26/2024 2:06:04 PM SENT
Alma L.Taitague alma@richardgonzaleslaw.com 3/26/2024 2:06:04 PM SENT
Priscilla Niedzwiedz Priscilla@richardgonzaleslaw.com 3/26/2024 2:06:04 PM SENT
Preview
Electronically Submitted 3/26/2024 2:06 PM Hidalgo County Clerk Accepted by: Anahi Deleon CAUSE NO. CL-24-1095-I TIMOTHY WAYNE WILKINS § IN THE COUNTY COURT § § V. § AT LAW NO. 9 OF § § DAVID SAMUEL SAENZ AND § NORMA SAENZ § HIDALGO COUNTY, TEXAS PLAINTIFF’S FIRST AMENDED ORIGINAL PETITION, JURY DEMAND, NOTICE OF INTENT TO USE DOCUMENTS PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE RULE 193.7 AND REQUEST FOR NOTICE BY DEFENDANT OF INTENT TO SEEK ADMISSION OF CRIMINAL CONVICTIONS OF WITNESSES PURSUANT TO TEXAS RULES OF EVIDENCE RULE 609 (f) TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, Plaintiff TIMOTHY WAYNE WILKINS and file this First Amended Original Petition complaining of Defendants DAVID SAMUEL SAENZ and NORMA SAENZ, and in support thereof would respectfully show unto the Court the following: I. PLAINTIFF’S DESIGNATION OF TRCP 47(b) & (c) MONETARY RELIEF AND DISCOVERY CONTROL PLAN Plaintiff seeks damages over $250,000 but not more than $1,000,000.00, pursuant to Tex. R. Civ. P. 47(c) (4). Plaintiff intends that discovery be conducted under Discovery Level II. II. PARTIES Plaintiff is an individual who resides in Hidalgo County, Texas. Defendant, DAVID SAMUEL SAENZ is an individual who has been served with process. Page 1 of 7 Electronically Submitted 3/26/2024 2:06 PM Hidalgo County Clerk Accepted by: Anahi Deleon Defendant, NORMA SAENZ is an individual who may be served at her address at 3205 Brightwood Avenue, Edinburg, Hidalgo County, Texas 78539, or wherever she may be found. III. JURISDICTION The Court has jurisdiction over the parties because this incident happened in Texas. The court has jurisdiction over the controversy because the damages are within the jurisdictional limits of the court. IV. VENUE Venue is proper in Hidalgo County, Texas because the incident made the basis of this suit occurred in Hidalgo County. V. FACTS On May 31, 2022, Plaintiff was stationary on the Westbound outside lane at the 100 Block of West Nolana in McAllen, Hidalgo County, Texas. Defendant DAVID SAMUEL SAENZ was traveling in the same direction directly behind Plaintiff’s vehicle. Defendant failed to control his speed causing a collision with Plaintiff’s vehicle, consequently causing Plaintiff to suffer serious injuries and damages as described herein below. VI. NEGLIGENCE OF DEFENDANT At and immediately before the occurrence in question, Defendant DAVIA SAMUEL SAENZ was guilty of acts and/or omissions which constituted negligence. These acts and/or omissions include, but are not limited to the following: Page 2 of 7 Electronically Submitted 3/26/2024 2:06 PM Hidalgo County Clerk Accepted by: Anahi Deleon • Failing to keep a proper lookout for Plaintiff’s safety, the safety of others, and the safety of himself that would have been maintained by a person of ordinary prudence under the same or similar circumstances; • Failure to maintain control of Defendant’s motor vehicle; • Driver inattention; • Following too closely; • Failing to timely apply his brakes as a person using ordinary care would have done in violation of Sec. 545.351 of the Texas Transportation Code; • Having willful and wanton disregard for the safety of persons and property in violation of Sec. 545.401(a) of the Transportation Code; • Engaging in reckless conduct that placed another in imminent danger of serious bodily injury in violation of Sec. 545.042 (d) of the Transportation Code; and • Faulty evasive action. Such negligence by Defendant DAVID SAMUEL SAENZ was the direct and proximate cause of the occurrence and the severe bodily injuries of Plaintiff and all of Plaintiff’s damages resulting therefrom. VII. NEGLIGENT ENTRUSTMENT OF DEFENDANT NORMA SAENZ At and immediately before the occurrence in question, Defendant NORMA SAENZ was guilty of acts and/or omissions which constituted negligence. These acts and/or omissions include, but are not limited to, the following: 1. Defendant NORMA SAENZ entrusted her vehicle to Defendant DAVID SAMUEL SAENZ; 2. Defendant DAVID SAMUEL SAENZ was an unlicensed, incompetent, or reckless driver; Page 3 of 7 Electronically Submitted 3/26/2024 2:06 PM Hidalgo County Clerk Accepted by: Anahi Deleon 3. Defendant NORMA SAENZ knew or should have known the driver was unlicensed, incompetent, or had a propensity to drive recklessly; 4. Defendant DAVID SAMUEL SAENZ was negligent on the occasion in question; and 5. Defendant DAVID SAMUEL SAENZ’s negligence proximately caused the Plaintiffs’ injuries. Each of the above-mentioned acts or omissions constituted negligence which were the proximate cause or causes of the occurrence in question and the resulting damages sustained by the Plaintiff herein. VIII. PERSONAL INJURY DAMAGES FOR PLAINTIFF As a direct and proximate result of Defendant’s acts and omissions, Plaintiff TIMOTHY WAYNE WILKINS suffered serious and permanent personal injuries. Plaintiff’s damages exceed the minimum jurisdictional limits of this Court, and include but are not limited to: 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 collision complained of herein and such charges are reasonable, usual and customary charges for such services in Hidalgo County, Texas; B. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; C. Physical pain and suffering in the past; D. Physical pain and suffering in the future; E. Physical impairment in the past; F. Physical impairment which, in all reasonable probability, will be suffered in the future; G. Loss of earnings in the past; H. Loss of earning capacity which will, in all probability, be incurred in the future; Page 4 of 7 Electronically Submitted 3/26/2024 2:06 PM Hidalgo County Clerk Accepted by: Anahi Deleon I. Mental anguish in the past; J. Mental anguish in the future; K. Loss of Property Damage in the past; L. Loss of Property Damage in the present; and M. Cost of medical monitoring in the future. Plaintiff seeks actual damages be awarded to her in the amount exceeding $250,000.00 but not more than $1,000,000.00, an amount within the jurisdictional limits of this Court, pursuant to Tex. R. Civ. P. 47 (c) (4). IX. NOTICE OF INTENT TO USE DOCUMENTS PRODUCED BY DEFENDANT IN RESPONSE TO PLAINTIFF’S WRITTEN DISCOVERY PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE, RULE 193.7 Plaintiff hereby serves notice that Plaintiff intends to use any and all documents produced by Defendant in response to written discovery propounded to the Defendant. As such, the produced documents are self-authenticating pursuant to TRCP, Rule 193.7. X. PLAINTIFF REQUESTS FOR NOTICE BY DEFENDANT OF INTENT TO SEEK ADMISSION OF CRIMINAL CONVICTIONS OF WITNESSES PURSUANT TO TEXAS RULES OF EVIDENCE RULE 609(f) Plaintiff demands timely written notice by Defendant of Defendant’s intention to seek admission of criminal convictions as defined in TRE Rule 609(a) against any witness designated by any party as a relevant fact witness, testifying expert witness and/or any consulting expert witness whose mental impressions or opinions have been reviewed by a testifying expert witness. XI. PREJUDGMENT INTEREST Plaintiff seeks pre-judgment interest on the past damages found by the trier of fact. Page 5 of 7 Electronically Submitted 3/26/2024 2:06 PM Hidalgo County Clerk Accepted by: Anahi Deleon XII. RESERVATION OF RIGHTS Plaintiff reserves the right to prove the amount of damages at trial. Plaintiff also reserves the right to amend this petition to add additional causes of action as further discovery is completed and as her investigation continues. XIII. CONDITIONS PRECEDENT Pursuant to Rule 154 of the Texas Rules of Civil Procedure, all conditions precedent to Plaintiff’s right to recover herein and to Defendant’s liability have been performed or have occurred. XIV. JURY DEMAND Plaintiff demands a trial by jury and has tendered the jury fee. XV. REQUIRED DISCLOSURES Pursuant to Rule 194, Tex. R. civ. Proc., Defendant is required to disclose, within thirty (30) days of the filing of the first answer, the information or material described in Rule 194.2(b)1- 12. Any Defendant that is served or otherwise joined after the filing of the first answer must make their initial disclosures within thirty (30) days after being served or joined. PRAYER WHEREFORE, PREMISED CONSIDERED, Plaintiff TIMOTHY WAYNE WILKINS respectfully prays that the Defendant be cited to appear and answer herein, and that upon a final hearing of the cause judgment be entered for the Plaintiff against Defendant is an amount within the jurisdictional limits of the Court; actual damages shown, together with pre- judgment interest (Beginning on the 180th day after the date the Defendant first received written Page 6 of 7 Electronically Submitted 3/26/2024 2:06 PM Hidalgo County Clerk Accepted by: Anahi Deleon notice of the claim or on the date the lawsuit was filed, whichever occurs first); post-judgment interest at the legal rate, costs of court; and such other and further relief to which the Plaintiffs may be entitled at law or in equity. /s/ Priscilla Niedzwiedz Richard Gonzales State Bar No. 24074290 richard@richardgonzaleslaw.com Priscilla Niedzwiedz State Bar No. 24104882 Priscilla@richardgonzaleslaw.com 814 Del Oro Lane Pharr, Texas 78577 (956) 513-8011 Phone / (713) 583-7214 Fax ATTORNEYS FOR PLAINTIFF /s/ Kenneth T. Fibich Kenneth T. Fibich State Bar No. 06952600 tfibich@fibichlaw.com Gregory Q. Fibich State Bar No. 24059745 gfibich@fibichlaw.com 1150 Bissonnet Street Houston, Texas 77005 713-751-0025 (Telephone) 713-75-10030 (Facsimile) ATTORNEYS FOR PLAINTIFF Page 7 of 7 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. Richard Gonzales Bar No. 24074290 rdglaw@hotmail.com Envelope ID: 85976108 Filing Code Description: Amended Filing Filing Description: PLAINTIFF'S FIRST AMENDED ORIGINAL PETITION, JURY DEMAND, NOTICE OF INTENT TO USE DOCUMENTS PURSUANT TO TEXAS RULES OF CIVIL PROCEDURE RULE 193.7 AND REQUEST FOR NOTICE BY DEFENDANTS OF INTENT TO SEEK ADMISSION OF CRIMINAL CONVICTIONS OF WITNESSES PURSUANT TO TEXAS RULES OF EVIDENCE RULE 609(f) Status as of 3/26/2024 2:11 PM CST Associated Case Party: TimothyWayneWilkins Name BarNumber Email TimestampSubmitted Status Richard Gonzales richard@richardgonzaleslaw.com 3/26/2024 2:06:04 PM SENT Alma L.Taitague alma@richardgonzaleslaw.com 3/26/2024 2:06:04 PM SENT Priscilla Niedzwiedz Priscilla@richardgonzaleslaw.com 3/26/2024 2:06:04 PM SENT