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CAUSE NO. 09499
Dana Hawkins, Jr.
Executor and Heir of Davastine Moore
Plaintiff IN THE DISTRICT COURT OF
MONTGOMERY, TEXAS
Camille Alexis Alfred
Johnny Ivan Perez
Defendant JUDICIAL DISTRICT COURT
AMENDED ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, ANA HAWKINS, JR., Executor and Heir of Decedent Davastine
Moore’s estate, hereinafter referred to as “Plaintiff”, complaining of and about CAMILLE
ALEXIS ALFRED AND JOHNNY IVAN PEREZ, hereinafter referred to as “Defendant ”, and
for cause of action would show the following:
DISCOVERY CONTROL PLAN LEVEL
1.1 It is the Plaintiff’s intent that Discovery be conducted under Level 2 of Rule 190 of the
Texas Rules of Civil Procedure.
JURISDICTION AND VENUE
Venue is proper in Montgomery County pursuant to §15.002(a)(1) and of the
TEXAS CIVIL PRACTICE AND REMEDIES CODE, as the incident occurred in Montgomery
County, Texas.
2.2 Subject matter jurisdiction of this cause rests with this Honorable Court as the amount
in controversy exceeds its minimum jurisdictional requirements.
2.3 Pursuant to Rule 47, the monetary relief sought by Plaintiff is $100,000.00 or less,
including damages of any kind.
2.4 In personam jurisdiction is satisfied as Defendants reside in the State of Texas. This
Court’s exercise of personal jurisdiction over the Defendants is consistent with all applicable
statutory requirements and constitutional guarantees.
III.
PARTIES AND SERVICE
3.1 Plaintiff brings this action on behalf of Decedent Davastine Moore, who was a resident
of Montgomery County, Texas at the time of her death and at the time of the incident complained
of herein. Plaintiff Dana Hawkins, Jr. is a resident of Cuyahoga County, Ohio, but avails himself
to the jurisdiction of Montgomery County, Texas, waives the need for service service, by and
through the undersigned counsel for the sole purposes of this action. Partial identification, pursuant
to the Texas Civil Practices and Remedies Code is as follows: the last three numbers of Plaintiff’s
Social Security number are 117 and the last three numbers of his Ohio state driver’s license are
108.
3.2 Defendant CAMILLE ALEXIS ALFRED is a natural person who resides in Texas.
Defendant may be served with citation at her last known residential address at 2719 Angela Way
Drive, Spring, Texas 77386, or wherever she may be found.
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3.3 Defendant JOHNNY IVAN PEREZ is a natural person who resides in Texas.
Defendant may be served with citation at his last known residential address at 30515 Riverstone
Springs Drive, Spring, Texas 77386, or wherever he may be found.
IV.
FACTS
4.1 This lawsuit results from a car accident that occurred on or about January 18, 2023, at
approximately 1:16 P.M involving Davastine Moore and the Defendants.
4.2 On said date and approximately said time, Davastine Moore was driving westbound at
the 200 block on Rayford Road, in Montgomery County, Texas.
4.3 Suddenly and without warning, Davastine Moore was rear-ended by a vehicle that was
hit by vehicles driven by Defendants CAMILLE ALEXIS ALFRED AND JOHNNY IVAN
PEREZ, arising out of a multi-vehicle accident. A police officer arrived on the scene and due to
the conflicting statements given by the Defendants, was unable to find either driver at fault.
4.4 As a result of the accident complained of herein, Davastine Moore suffered physical
injuries to her person.
V.
NEGLIGENCE
5.1 Davastine Moore’s injuries and damages suffered were proximately caused by
Defendant’s negligent, careless and reckless disregard of duty.
5.2 Defendants failed to maintain their own lines while driving.
5.3 Defendant failed apply the brakes of their vehicles in time to avoid the collision.
5.4 Defendants operated their vehicles in a careless and reckless manner.
5.5 Defendants failed to keep vehicles under reasonable and proper control.
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5.6 Defendants failed to obey the statutes of the State of Texas as they pertain to the
operation of motor vehicles.
5.7 But for the negligent act of Defendants, Davastine Moore would not have suffered any
damages and injuries.
VI.
DAMAGES FOR PLAINTIFF
7.1 As a direct and proximate result of the occurrence made the basis of this lawsuit,
Davastine Moore was caused to suffer severe physical bodily injuries to her person.
7.2 As a direct and proximate result of the occurrence made the basis of this lawsuit,
Davastine Moore incurred the following damages:
a. Reasonable medical care and expenses. These expenses were incurred by
Davastine Moore for the necessary care and treatment of the injuries resulting from
the incident complained of herein and such charges are reasonable and were usual
and customary charges for such services in Montgomery County, Texas;
b. Physical pain and suffering;
c. Mental anguish; and/or
d. Any and all out of pocket expenses.
6.3 By reason of the above, Davastine Moore has suffered losses and damages in a
sum within the jurisdictional limits of the Court and for which this lawsuit is brought.
VII.
JURY DEMAND
7.1 Plaintiff hereby respectfully requests a trial by jury.
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VIII.
REQUEST FOR DISCLOSURE
8.1 Under Texas Rule of Civil Procedure 194, Plaintiff request that Defendants disclose,
within thirty (30) days of the service of this request, the information or material described in Rule
194.2 (a) – (l).
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays
that Defendants be cited to appear and answer herein, and that upon a final hearing of the cause,
judgment be entered for the Plaintiff against Defendants for:
a. damages in an amount within the jurisdictional limits of the Court;
b. pre-judgment interest (from the date of injury through the date of judgment) at the
maximum rate allowed by law;
c. post-judgment interest at the legal rate;
d. costs of the Court; and
e. such other and further relief to which Plaintiff may be entitled at law or equity.
Respectfully submitted this 15th day of May 2024,
__________________
Mrs. India Y. Ali, Esq.
TX Bar No. 24127127
The Law Office of India Y. Ali, LLC
160 Clairemont Ave., Ste. 236, Decatur, GA 30030
Direct 404.482.0699
Facsimile 404.393.6868
Email india@indiayali.com
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CAUSE NO. 09499 Dana Hawkins, Jr. Executor and Heir of Davastine Moore Plaintiff IN THE DISTRICT COURT OF MONTGOMERY, TEXAS Camille Alexis Alfred Johnny Ivan Perez Defendant JUDICIAL DISTRICT COURT AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ANA HAWKINS, JR., Executor and Heir of Decedent Davastine Moore’s estate, hereinafter referred to as “Plaintiff”, complaining of and about CAMILLE ALEXIS ALFRED AND JOHNNY IVAN PEREZ, hereinafter referred to as “Defendant ”, and for cause of action would show the following: DISCOVERY CONTROL PLAN LEVEL 1.1 It is the Plaintiff’s intent that Discovery be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure. JURISDICTION AND VENUE Venue is proper in Montgomery County pursuant to §15.002(a)(1) and of the TEXAS CIVIL PRACTICE AND REMEDIES CODE, as the incident occurred in Montgomery County, Texas. 2.2 Subject matter jurisdiction of this cause rests with this Honorable Court as the amount in controversy exceeds its minimum jurisdictional requirements. 2.3 Pursuant to Rule 47, the monetary relief sought by Plaintiff is $100,000.00 or less, including damages of any kind. 2.4 In personam jurisdiction is satisfied as Defendants reside in the State of Texas. This Court’s exercise of personal jurisdiction over the Defendants is consistent with all applicable statutory requirements and constitutional guarantees. III. PARTIES AND SERVICE 3.1 Plaintiff brings this action on behalf of Decedent Davastine Moore, who was a resident of Montgomery County, Texas at the time of her death and at the time of the incident complained of herein. Plaintiff Dana Hawkins, Jr. is a resident of Cuyahoga County, Ohio, but avails himself to the jurisdiction of Montgomery County, Texas, waives the need for service service, by and through the undersigned counsel for the sole purposes of this action. Partial identification, pursuant to the Texas Civil Practices and Remedies Code is as follows: the last three numbers of Plaintiff’s Social Security number are 117 and the last three numbers of his Ohio state driver’s license are 108. 3.2 Defendant CAMILLE ALEXIS ALFRED is a natural person who resides in Texas. Defendant may be served with citation at her last known residential address at 2719 Angela Way Drive, Spring, Texas 77386, or wherever she may be found. 2 3.3 Defendant JOHNNY IVAN PEREZ is a natural person who resides in Texas. Defendant may be served with citation at his last known residential address at 30515 Riverstone Springs Drive, Spring, Texas 77386, or wherever he may be found. IV. FACTS 4.1 This lawsuit results from a car accident that occurred on or about January 18, 2023, at approximately 1:16 P.M involving Davastine Moore and the Defendants. 4.2 On said date and approximately said time, Davastine Moore was driving westbound at the 200 block on Rayford Road, in Montgomery County, Texas. 4.3 Suddenly and without warning, Davastine Moore was rear-ended by a vehicle that was hit by vehicles driven by Defendants CAMILLE ALEXIS ALFRED AND JOHNNY IVAN PEREZ, arising out of a multi-vehicle accident. A police officer arrived on the scene and due to the conflicting statements given by the Defendants, was unable to find either driver at fault. 4.4 As a result of the accident complained of herein, Davastine Moore suffered physical injuries to her person. V. NEGLIGENCE 5.1 Davastine Moore’s injuries and damages suffered were proximately caused by Defendant’s negligent, careless and reckless disregard of duty. 5.2 Defendants failed to maintain their own lines while driving. 5.3 Defendant failed apply the brakes of their vehicles in time to avoid the collision. 5.4 Defendants operated their vehicles in a careless and reckless manner. 5.5 Defendants failed to keep vehicles under reasonable and proper control. 3 5.6 Defendants failed to obey the statutes of the State of Texas as they pertain to the operation of motor vehicles. 5.7 But for the negligent act of Defendants, Davastine Moore would not have suffered any damages and injuries. VI. DAMAGES FOR PLAINTIFF 7.1 As a direct and proximate result of the occurrence made the basis of this lawsuit, Davastine Moore was caused to suffer severe physical bodily injuries to her person. 7.2 As a direct and proximate result of the occurrence made the basis of this lawsuit, Davastine Moore incurred the following damages: a. Reasonable medical care and expenses. These expenses were incurred by Davastine Moore for the necessary care and treatment of the injuries resulting from the incident complained of herein and such charges are reasonable and were usual and customary charges for such services in Montgomery County, Texas; b. Physical pain and suffering; c. Mental anguish; and/or d. Any and all out of pocket expenses. 6.3 By reason of the above, Davastine Moore has suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought. VII. JURY DEMAND 7.1 Plaintiff hereby respectfully requests a trial by jury. 4 VIII. REQUEST FOR DISCLOSURE 8.1 Under Texas Rule of Civil Procedure 194, Plaintiff request that Defendants disclose, within thirty (30) days of the service of this request, the information or material described in Rule 194.2 (a) – (l). PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants for: a. damages in an amount within the jurisdictional limits of the Court; b. pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; c. post-judgment interest at the legal rate; d. costs of the Court; and e. such other and further relief to which Plaintiff may be entitled at law or equity. Respectfully submitted this 15th day of May 2024, __________________ Mrs. India Y. Ali, Esq. TX Bar No. 24127127 The Law Office of India Y. Ali, LLC 160 Clairemont Ave., Ste. 236, Decatur, GA 30030 Direct 404.482.0699 Facsimile 404.393.6868 Email india@indiayali.com 5