Preview
Electronically Filed
5/10/2024 4:54 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-2224-24-M
CAUSE NO.__________________
JUAN CARLOS MARTINEZ, AS § IN THE DISTRICT COURT
NEXT FRIEND OF JUAN CARLOS §
MARTINEZ AND MELISSA LEE §
MARTINEZ, AS NEXT FRIEND OF §
JUAN CARLOS MARTINEZ §
Plaintiff, §
§ _____ JUDICIAL DISTRICT
V. §
§
MICHAEL JOHN McCARTHY, JR. §
INDIVIDUALLY § HIDALGO COUNTY, TEXAS
Defendant
PLAINTIFFS’ ORIGINAL PETITION
TO THE HONORABLE COURT:
Come Now, Juan Carlos Martinez, as Next Friend of J.C.M. and Melissa Lee Martinez, as
Next Friend of J.C.M., (Plaintiffs), complaining of Michael John McCarthy, Jr., Individually
(Defendant), and at the time of trial will show the following:
I.
CASE DISCOVERY CONTROL PLAN
1.1 Pursuant to Rule 190 of the Texas Rules of Civil Procedure, Plaintiffs specifically
pleads that this lawsuit should be conducted under Level 3 Discovery Control Plan.
II.
PARTIES AND SERVICE
2.1 Juan Carlos Martinez is the father of J.C.M. and resides in Hidalgo County, Texas.
He brings this suit as next friend of J.C.M., Minor.
2.2 Melissa Lee Martinez is the mother of J.C.M. and resides in Hidalgo County, Texas.
He brings this suit as next friend of J.C.M., Minor.
2.3 Michael John McCarthy, Jr. is a resident of Edinburg, Hidalgo County, Texas. Ms.
Michael John McCarthy can be served at his last known address of 5114 Hudson St., Edinburg,
Texas 78539 or wherever he may be found.
Martinez v. McCarthy, Jr. | Page 1 of 6
Electronically Filed
5/10/2024 4:54 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-2224-24-M
III.
JURISDICTION AND VENUE
3.1 Jurisdiction is appropriate in this Court in that this is a lawsuit seeking damages in
excess of the minimum jurisdictional limits of the district courts of the State of Texas, and this
court has personal jurisdiction over McCarthy. Plaintiffs seek damages in excess of the minimum
jurisdictional limits of this court and of the $75,000 jurisdiction limits of the federal courts.
However, state district court has jurisdiction as Plaintiffs make no claims under federal law,
treaties, or the Constitution and there is a lack of complete diversity because Plaintiffs and
Defendant are citizens of Texas.
3.2 Venue is appropriate in Hidalgo County, Texas because the acts giving rise to this
lawsuit occurred in Hidalgo County and McCarthy lived in Hidalgo County, Texas at the time the
cause of action accrued. See Tex. Civ. Prac. & Rem.Code § 15.002(a)(1) and 15.002(a)(2).
IV.
FACTUAL BACKGROUND
4.1 On or about September 11, 2023, (“the date in question”), Plaintiffs Juan Carlos
Martinez and Melissa Lee Martinez entrusted their son, J.C.M., to Defendant Michael J.
McCarthy’s care. Defendant McCarthy was the football coach and president of The Mighty
Mavericks. Plaintiff, J.C.M. was participating in a scrimmage along with his team The Mission
Mighty Mavericks Juniors against The Mission Mighty Maverick Rookies. The scrimmage was
being coached and supervised by their team president Defendant Michael J. McCarthy.
4.2 At the time in question, Plaintiff J.C.M. was eleven years old. McCarthy was one
of the coaches running the scrimmage wherein both teams were in full football gear and running
full contact plays. During the scrimmage, Coach McCarthy violently tackled Plaintiff J.C.M.
suddenly and without warning. Plaintiff J.C.M. hit the ground hard. He was very slow to get up
and required the assistance of another team member. At no time after the violent hit, did Coach
McCarthy assess, evaluate, and/or examine Plaintiff J.C.M. As a result of the violent assault,
Plaintiff J.C.M. was hospitalized and diagnosed with a concussion at both Mission Hospital and
Edinburg Children’s Hospital.
V.
CAUSES OF ACTION AGAINST MICHAEL J. MCCARTHY
Martinez v. McCarthy, Jr. | Page 2 of 6
Electronically Filed
5/10/2024 4:54 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-2224-24-M
5.1 McCarthy committed acts of omission and commission that collectively and
severally constituted negligence and were a proximate cause of J.C.M.’s injuries and damages.
McCarthy owed a legal duty to J.C.M. to exercise reasonable care to cause and avoid a foreseeable
risk of injury to others.
5.2 On the occasion in question, McCarthy, engaged in youth coaching activities in a
negligent manner and violated the duty which he owed J.C.M. to exercise ordinary care as follows:
(a) In failing to provide a safe environment for players;
(b) In failing to promulgate, implement, and enforce rules, regulations, guidelines, policies,
procedures, and protocols for the management and treatment of team members by
coaches;
(c) In failing to assess, evaluate, and/or monitor J.C.M. after his injuries;
(d) In failing to call emergency personnel to assess, evaluate, and/or monitor J.C.M. after
his injuries;
(e) In failing to assess, evaluate, and/or examine J.C.M. at the time of his injuries.
(f) Other negligent acts and/or omissions to be determined later.
5.3 Each of the negligent acts and/or omissions of McCarthy constitute
negligence. McCarthy’s negligence was a proximate cause of the assault in question and a cause
of J.C.M.’s injuries and damages.
VI.
NEGLIGENCE
6.1 McCarthy, by and through its agents, servants, representatives, and employees, was
negligent and grossly negligent in each and all of the following respects:
(a) In failing to provide a safe environment for players;
(b) In failing to promulgate, implement, and enforce rules, regulations, guidelines, policies,
procedures, and protocols for the management and treatment of team members by
coaches;
(c) In failing to assess, evaluate, and/or monitor J.C.M. after his injuries;
(d) In failing to call emergency personnel to assess, evaluate, and/or monitor J.C.M. after
his injuries;
(e) In failing to assess, evaluate, and/or examine J.C.M. at the time of his injuries.
Martinez v. McCarthy, Jr. | Page 3 of 6
Electronically Filed
5/10/2024 4:54 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-2224-24-M
(f) Other negligent acts and/or omissions to be determined later.
6.2 Plaintiff will show that all of the foregoing acts, both of commission or omission,
or both, separately and collectively, were proximate causes of the occurrence that is made the basis
of this suit, and the resulting injuries and damages to J.C.M.
6.3 As a proximate result of the occurrence made the basis of this suit, J.C.M. sustained
severe and permanent bodily injuries. Despite the attempted treatment for his injuries, J.C.M.s’
condition worsened and sustained weeks of conscious pain and suffering.
VII.
DAMAGES
7.1 As a result of the occurrence in question, J.C.M. suffered severe personal injuries.
7.2 J.C.M. seeks compensation for all legally compensable damages inflicted by
Defendant, as referenced in previous paragraphs, which he suffered in the past and will continue
to suffer into the future, including but not limited to compensation for:
(a) past and future physical pain;
(b) past and future mental anguish;
(c) past and future disfigurement;
(d) past and future physical impairment;
(e) past and future loss of earning capacity;
(f) past and future medical expenses;
(g) past and future loss of consortium; and
(h) past and future loss of household services.
VIII.
PUNITIVE DAMAGES
8.1 Because McCarthy is guilty of gross negligence, he should have punitive damages
assessed against him, as a deterrent to such future bad conduct and as a punishment for its bad acts,
in an amount to be determined by the jury. The amount of punitive damages to be awarded is
within the discretion of the jury.
IX.
Martinez v. McCarthy, Jr. | Page 4 of 6
Electronically Filed
5/10/2024 4:54 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-2224-24-M
RESERVATION OF RIGHTS
10.1 Plaintiffs reserve the right to prove the amount of damages at trial. Plaintiffs
reserve the right to amend their petition to add additional claims upon further discovery and as
their investigation continues.
X.
PRE-JUDGMENT AND POST- JUDGMENT INTEREST
10.1 Plaintiffs seek recovery of such pre-judgment and post-judgment interest as
permitted by law.
XI.
REQUEST FOR JURY TRIAL
11.1 Plaintiffs, in accordance with Rule 216 of the Texas Rules of Civil Procedure,
request a trial by jury. A jury fee has been paid with the filing of this Original Petition.
XII.
CLAIM FOR RELIEF
12.1 Plaintiffs seek monetary relief in excess of $1,000,000 in actual damages as the jury
determines fair, just and reasonable.
XIII.
CONDITIONS PRECEDENT
13.1 Pursuant to Rule 54 of the Texas Rules of Civil Procedure, all conditions precedent
to Plaintiffs right to recover herein and to Defendants’ liability have been performed or have
occurred.
XIV.
NOTICE REGARDING THE SELF-AUTHENTICATION OF DOCUMENTS
14.1 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs intend to
use all documents exchanged and/or produced between, by, or among counsel and/or any parties
in this matter, including but not limited to, correspondence, discovery responses, and records
(obtained via depositions upon written questions, by subpoena, by affidavit, or otherwise) during
the trial of the above-entitled and number cause.
PRAYER
WHEREFORE, Plaintiffs respectfully requests:
a) That Defendant be cited to appear and answer herein;
Martinez v. McCarthy, Jr. | Page 5 of 6
Electronically Filed
5/10/2024 4:54 PM
Hidalgo County District Clerks
Reviewed By: Juan Galvan
C-2224-24-M
b) Judgment against Defendant for actual and compensatory damages (including mental
anguish) within the jurisdictional limits of this Court;
c) Exemplary damages;
d) Pre- and post-judgment interest at the rate allowed by law until paid;
e) Costs of court; and
f) Such other and further relief, at law or in equity, to which Plaintiffs are entitled.
Respectfully submitted,
/s/ Billy J. Chapa
State Bar No. 24116187
TERRY CANALES
ATTORNEY AT LAW, P.L.L.C.
310 S. Closner Blvd.
Edinburg, TX 78539
Phone: (956) 316-2223
Facsimile: (956) 316-2229
Email: bjchapa@rgvattorney.com
ATTORNEYS FOR JUAN CARLOS MARTINEZ
AS NEXT FRIEND OF J.C.M.
Martinez v. McCarthy, Jr. | Page 6 of 6
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.
E-file Terry Canales, Attorney at Law PLLC on behalf of Terry Canales
Bar No. 24052947
efile.tclaw@gmail.com
Envelope ID: 87678226
Filing Code Description: Petition
Filing Description:
Status as of 5/13/2024 3:56 PM CST
Associated Case Party: Juan Carlos Martinez
Name BarNumber Email TimestampSubmitted Status
Terry Canales tclawoffice@rgvattorney.com 5/13/2024 3:44:39 PM SENT
Preview
Electronically Filed 5/10/2024 4:54 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-2224-24-M CAUSE NO.__________________ JUAN CARLOS MARTINEZ, AS § IN THE DISTRICT COURT NEXT FRIEND OF JUAN CARLOS § MARTINEZ AND MELISSA LEE § MARTINEZ, AS NEXT FRIEND OF § JUAN CARLOS MARTINEZ § Plaintiff, § § _____ JUDICIAL DISTRICT V. § § MICHAEL JOHN McCARTHY, JR. § INDIVIDUALLY § HIDALGO COUNTY, TEXAS Defendant PLAINTIFFS’ ORIGINAL PETITION TO THE HONORABLE COURT: Come Now, Juan Carlos Martinez, as Next Friend of J.C.M. and Melissa Lee Martinez, as Next Friend of J.C.M., (Plaintiffs), complaining of Michael John McCarthy, Jr., Individually (Defendant), and at the time of trial will show the following: I. CASE DISCOVERY CONTROL PLAN 1.1 Pursuant to Rule 190 of the Texas Rules of Civil Procedure, Plaintiffs specifically pleads that this lawsuit should be conducted under Level 3 Discovery Control Plan. II. PARTIES AND SERVICE 2.1 Juan Carlos Martinez is the father of J.C.M. and resides in Hidalgo County, Texas. He brings this suit as next friend of J.C.M., Minor. 2.2 Melissa Lee Martinez is the mother of J.C.M. and resides in Hidalgo County, Texas. He brings this suit as next friend of J.C.M., Minor. 2.3 Michael John McCarthy, Jr. is a resident of Edinburg, Hidalgo County, Texas. Ms. Michael John McCarthy can be served at his last known address of 5114 Hudson St., Edinburg, Texas 78539 or wherever he may be found. Martinez v. McCarthy, Jr. | Page 1 of 6 Electronically Filed 5/10/2024 4:54 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-2224-24-M III. JURISDICTION AND VENUE 3.1 Jurisdiction is appropriate in this Court in that this is a lawsuit seeking damages in excess of the minimum jurisdictional limits of the district courts of the State of Texas, and this court has personal jurisdiction over McCarthy. Plaintiffs seek damages in excess of the minimum jurisdictional limits of this court and of the $75,000 jurisdiction limits of the federal courts. However, state district court has jurisdiction as Plaintiffs make no claims under federal law, treaties, or the Constitution and there is a lack of complete diversity because Plaintiffs and Defendant are citizens of Texas. 3.2 Venue is appropriate in Hidalgo County, Texas because the acts giving rise to this lawsuit occurred in Hidalgo County and McCarthy lived in Hidalgo County, Texas at the time the cause of action accrued. See Tex. Civ. Prac. & Rem.Code § 15.002(a)(1) and 15.002(a)(2). IV. FACTUAL BACKGROUND 4.1 On or about September 11, 2023, (“the date in question”), Plaintiffs Juan Carlos Martinez and Melissa Lee Martinez entrusted their son, J.C.M., to Defendant Michael J. McCarthy’s care. Defendant McCarthy was the football coach and president of The Mighty Mavericks. Plaintiff, J.C.M. was participating in a scrimmage along with his team The Mission Mighty Mavericks Juniors against The Mission Mighty Maverick Rookies. The scrimmage was being coached and supervised by their team president Defendant Michael J. McCarthy. 4.2 At the time in question, Plaintiff J.C.M. was eleven years old. McCarthy was one of the coaches running the scrimmage wherein both teams were in full football gear and running full contact plays. During the scrimmage, Coach McCarthy violently tackled Plaintiff J.C.M. suddenly and without warning. Plaintiff J.C.M. hit the ground hard. He was very slow to get up and required the assistance of another team member. At no time after the violent hit, did Coach McCarthy assess, evaluate, and/or examine Plaintiff J.C.M. As a result of the violent assault, Plaintiff J.C.M. was hospitalized and diagnosed with a concussion at both Mission Hospital and Edinburg Children’s Hospital. V. CAUSES OF ACTION AGAINST MICHAEL J. MCCARTHY Martinez v. McCarthy, Jr. | Page 2 of 6 Electronically Filed 5/10/2024 4:54 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-2224-24-M 5.1 McCarthy committed acts of omission and commission that collectively and severally constituted negligence and were a proximate cause of J.C.M.’s injuries and damages. McCarthy owed a legal duty to J.C.M. to exercise reasonable care to cause and avoid a foreseeable risk of injury to others. 5.2 On the occasion in question, McCarthy, engaged in youth coaching activities in a negligent manner and violated the duty which he owed J.C.M. to exercise ordinary care as follows: (a) In failing to provide a safe environment for players; (b) In failing to promulgate, implement, and enforce rules, regulations, guidelines, policies, procedures, and protocols for the management and treatment of team members by coaches; (c) In failing to assess, evaluate, and/or monitor J.C.M. after his injuries; (d) In failing to call emergency personnel to assess, evaluate, and/or monitor J.C.M. after his injuries; (e) In failing to assess, evaluate, and/or examine J.C.M. at the time of his injuries. (f) Other negligent acts and/or omissions to be determined later. 5.3 Each of the negligent acts and/or omissions of McCarthy constitute negligence. McCarthy’s negligence was a proximate cause of the assault in question and a cause of J.C.M.’s injuries and damages. VI. NEGLIGENCE 6.1 McCarthy, by and through its agents, servants, representatives, and employees, was negligent and grossly negligent in each and all of the following respects: (a) In failing to provide a safe environment for players; (b) In failing to promulgate, implement, and enforce rules, regulations, guidelines, policies, procedures, and protocols for the management and treatment of team members by coaches; (c) In failing to assess, evaluate, and/or monitor J.C.M. after his injuries; (d) In failing to call emergency personnel to assess, evaluate, and/or monitor J.C.M. after his injuries; (e) In failing to assess, evaluate, and/or examine J.C.M. at the time of his injuries. Martinez v. McCarthy, Jr. | Page 3 of 6 Electronically Filed 5/10/2024 4:54 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-2224-24-M (f) Other negligent acts and/or omissions to be determined later. 6.2 Plaintiff will show that all of the foregoing acts, both of commission or omission, or both, separately and collectively, were proximate causes of the occurrence that is made the basis of this suit, and the resulting injuries and damages to J.C.M. 6.3 As a proximate result of the occurrence made the basis of this suit, J.C.M. sustained severe and permanent bodily injuries. Despite the attempted treatment for his injuries, J.C.M.s’ condition worsened and sustained weeks of conscious pain and suffering. VII. DAMAGES 7.1 As a result of the occurrence in question, J.C.M. suffered severe personal injuries. 7.2 J.C.M. seeks compensation for all legally compensable damages inflicted by Defendant, as referenced in previous paragraphs, which he suffered in the past and will continue to suffer into the future, including but not limited to compensation for: (a) past and future physical pain; (b) past and future mental anguish; (c) past and future disfigurement; (d) past and future physical impairment; (e) past and future loss of earning capacity; (f) past and future medical expenses; (g) past and future loss of consortium; and (h) past and future loss of household services. VIII. PUNITIVE DAMAGES 8.1 Because McCarthy is guilty of gross negligence, he should have punitive damages assessed against him, as a deterrent to such future bad conduct and as a punishment for its bad acts, in an amount to be determined by the jury. The amount of punitive damages to be awarded is within the discretion of the jury. IX. Martinez v. McCarthy, Jr. | Page 4 of 6 Electronically Filed 5/10/2024 4:54 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-2224-24-M RESERVATION OF RIGHTS 10.1 Plaintiffs reserve the right to prove the amount of damages at trial. Plaintiffs reserve the right to amend their petition to add additional claims upon further discovery and as their investigation continues. X. PRE-JUDGMENT AND POST- JUDGMENT INTEREST 10.1 Plaintiffs seek recovery of such pre-judgment and post-judgment interest as permitted by law. XI. REQUEST FOR JURY TRIAL 11.1 Plaintiffs, in accordance with Rule 216 of the Texas Rules of Civil Procedure, request a trial by jury. A jury fee has been paid with the filing of this Original Petition. XII. CLAIM FOR RELIEF 12.1 Plaintiffs seek monetary relief in excess of $1,000,000 in actual damages as the jury determines fair, just and reasonable. XIII. CONDITIONS PRECEDENT 13.1 Pursuant to Rule 54 of the Texas Rules of Civil Procedure, all conditions precedent to Plaintiffs right to recover herein and to Defendants’ liability have been performed or have occurred. XIV. NOTICE REGARDING THE SELF-AUTHENTICATION OF DOCUMENTS 14.1 Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiffs intend to use all documents exchanged and/or produced between, by, or among counsel and/or any parties in this matter, including but not limited to, correspondence, discovery responses, and records (obtained via depositions upon written questions, by subpoena, by affidavit, or otherwise) during the trial of the above-entitled and number cause. PRAYER WHEREFORE, Plaintiffs respectfully requests: a) That Defendant be cited to appear and answer herein; Martinez v. McCarthy, Jr. | Page 5 of 6 Electronically Filed 5/10/2024 4:54 PM Hidalgo County District Clerks Reviewed By: Juan Galvan C-2224-24-M b) Judgment against Defendant for actual and compensatory damages (including mental anguish) within the jurisdictional limits of this Court; c) Exemplary damages; d) Pre- and post-judgment interest at the rate allowed by law until paid; e) Costs of court; and f) Such other and further relief, at law or in equity, to which Plaintiffs are entitled. Respectfully submitted, /s/ Billy J. Chapa State Bar No. 24116187 TERRY CANALES ATTORNEY AT LAW, P.L.L.C. 310 S. Closner Blvd. Edinburg, TX 78539 Phone: (956) 316-2223 Facsimile: (956) 316-2229 Email: bjchapa@rgvattorney.com ATTORNEYS FOR JUAN CARLOS MARTINEZ AS NEXT FRIEND OF J.C.M. Martinez v. McCarthy, Jr. | Page 6 of 6 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. E-file Terry Canales, Attorney at Law PLLC on behalf of Terry Canales Bar No. 24052947 efile.tclaw@gmail.com Envelope ID: 87678226 Filing Code Description: Petition Filing Description: Status as of 5/13/2024 3:56 PM CST Associated Case Party: Juan Carlos Martinez Name BarNumber Email TimestampSubmitted Status Terry Canales tclawoffice@rgvattorney.com 5/13/2024 3:44:39 PM SENT