Preview
Electronically Filed
5/22/2024 4:14 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2385-24-D
CAUSE NO. _____________
JOEL PENA § IN THE DISTRICT COURT
§
Plaintiff, §
§
VS. §
§ _____ JUDICIAL DISTRICT
RENE LLARZA, ISMAEL VASQUEZ, & §
PROGRESSIVE COUNTY MUTUAL §
INSURANCE COMPANY §
§
Defendants. § HIDLAGO COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, JOEL PENA (“Plaintiff”), and files this Original Petition complaining of
RENE LLARZA, ISMAEL VASQUEZ, & PROGRESSIVE COUNTY MUTUAL INSURANCE
COMPANY (“PROGRESSIVE”) Defendants, and for cause of action would respectfully show the
Court the following:
I. THE PARTIES
Plaintiff resides in HIDALGO County, Texas.
Defendant, RENE LLARZA, is an individual who may be served with notice of this suit at
his residence, 424 HAWK STREET SULLIVAN CITY, TEXAS 78595 or any location that may
become available.
Defendant, ISMAEL VASQUEZ, is an individual who may be served with notice of this
suit at his residence, 406 SULLIVAN DRIVE SULLIVAN CITY, TEXAS 78595 or any location
that may become available.
Defendant, PROGRESSIVE MUTUAL AUTOMOBILE INSURANCE COMPANY, is a
duly incorporated insurance company authorized to do business in and doing business in the
State of Texas. Defendant may be served with CT Corporation System 199 Bryan Street, Ste
900 Dallas, Texas 75201-3136.
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Electronically Filed
5/22/2024 4:14 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2385-24-D
II. VENUE
Venue is appropriate in HIDALGO County, Texas, as the location of the automobile
collision. This court has jurisdiction over the subject matter and parties. The amount in
controversy is within the jurisdictional limits of this Court. Plaintiff is seeking monetary relief over
$100,000.00 but less than $250,000.00.
Federal courts lack subject matter jurisdiction over this action, as there is no federal
question, nor is there complete diversity of citizenship. Removal would therefore be improper.
Federal court diversity jurisdiction does not exist in this suit for the following reasons:
a. Plaintiff is a resident of the state of Texas; and
b. Defendant, RENE LLARZA, is a citizen of Texas;
c. Defendant, ISMAEL VASQUEZ, is a resident of Texas.
III. DISCOVERY LEVEL
Discovery in this case as per the Texas Rules of Civil Procedure and will be set forth in
an Agreed Scheduling Order.
IV. FACTS
Plaintiff brings this lawsuit to recover for damages arising out of an automobile collision
that occurred on or about December 28, 2023 on 3200 block of East Main Avenue in Hidalgo
County, Texas. Plaintiff was stationary facing eastbound. Defendant, RENE LLARZA was
driving while distracted and smashed into the rear of the vehicle carrying Plaintiff, and caused
injuries made the basis of this lawsuit. At the time of the crash, Defendant, Ruiz, was driving a
vehicle, entrusted to him by Defendant, ISMAEL VASQUEZ. . Defendant’s actions described
above proximately caused the injuries and damages set forth below. Investigating Alton police
officer, Damian Nicholas Leo, summarized his findings below:
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Electronically Filed
5/22/2024 4:14 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2385-24-D
V. NEGLIGENCE
Said collision was proximately caused by various negligent acts and/or omissions on the
part of Defendant, RENE LLARZA. The negligent acts and/or omissions include, but are not
limited to, the following:
1. Driving while distracted;
2. Failing to control his speed;
3. Failing to timely apply the brakes of the vehicle;
4. Failing to maintain a proper look out;
5. Failing to keep his vehicle under such control as an ordinary prudent person in the
exercise of ordinary care would have operated and controlled her vehicle under the
same or similar circumstances; and
6. Any and all other acts of negligence and/or omissions to be proven at the time of
trial.
Each and every one of the foregoing acts and/or omissions, taken separately and/or
collectively, constitute a direct and proximate cause of the injuries and damages set forth below.
, which resulted in the damages set forth below and incorporated by reference herein.
VI. NEGLIGENT ENTRUSTMENT
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Electronically Filed
5/22/2024 4:14 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2385-24-D
Defendant, ISMAEL VASQUEZ, was also negligent in that he negligently entrusted the
vehicle to Defendant, RENE LLARZA, when he knew or should have known that RENE LLARZA
was an incompetent and/or reckless driver. Defendant’s entrustment caused the injuries and
damages set forth below.
VII. EXEMPLARY DAMAGES
Each of Defendant’s acts or omissions described above, when viewed from the
standpoint of Defendant at the time of the act or omission, involved an extreme degree of risk,
considering the probability and magnitude of the potential harm to Plaintiff and others.
Defendant had actual, subjective awareness of the risk involved in the above-described acts or
omissions, but nevertheless proceeded with conscious indifference to the rights, safety, or
welfare of Plaintiff and others.
Plaintiff requests a trial by jury. Therefore, a jury will determine the harms and losses in
this case. In addition, based on the facts stated herein, Plaintiff requests exemplary damages
be awarded to Plaintiff from Defendant.
VIII. CLAIMS AGAINST PROGRESSIVE-DECLARATORY RELIEF
Based on the foregoing facts, information and belief, the contract(s) of insurance in force
and effect between the vehicle operator and Defendant, PROGRESSIVE, at the time of the
collision, a declaratory judgment pursuant to TEX. CIV. PRAC. & REM. CODE Ch. 37 is sought to
recover from PROGRESSIVE, for damages resulting from the subject motor vehicle collision,
that those damages fall within the coverage afforded under the Defendant PROGRESSIVE’s
insurance policy (No. 963556297), and specifying the amount of damages, attorney fees,
interest, and court costs that Defendant, PROGRESSIVE, is obligated to pay.
As a result of the collision described above, injuries such as physical pain, mental
anguish, physical impairment, and disfigurement in the past, all of which will, in reasonable
probability, have been suffered and will continue in the future. Due to the severity of injuries,
medical and related health care expenses were paid in the past and, in reasonable probability,
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Electronically Filed
5/22/2024 4:14 PM
Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2385-24-D
will be incurred such expenses in the future. Pursuant to TEX. CIV. PRAC. & REM. CODE Ch. 37,
recovery of reasonable and necessary attorneys’ fees from Defendant, PROGRESSIVE, are
sought.
IX. DAMAGES FOR PLAINTIFF
As a direct and proximate result of the occurrence made the basis of this lawsuit, and
Defendant’s acts as described herein, Plaintiff was caused to suffer serious lifelong injuries, and
to endure anxiety, pain, and illness resulting in damages more fully set forth below. Plaintiff
seeks to recover all general damages.
As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff
has incurred the following damages:
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 accident complained of herein and such
charges are reasonable and were 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. Pain and suffering in the past;
D. Mental anguish in the past;
E. Pain and suffering in the future;
F. Mental anguish in the future;
G. Physical impairment in the past;
H. Physical impairment which, in all reasonable probability, will be
suffered in the future;
I. Loss of earnings in the past;
J. Loss of earning capacity in the past;
K. Loss of earning capacity which will, in all probability, be incurred in
the future;
L. Loss of Consortium in the past, including damages to the family
relationship, loss of care, comfort, solace, companionship, protection,
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Hidalgo County District Clerks
Reviewed By: Armando Cantu
C-2385-24-D
services, and/or physical relations;
M. Loss of Consortium in the future including damages to the family
relationship, loss of care, comfort, solace, companionship, protection,
services, and/or physical relations;
N. Loss of Household Services in the past;
O. Loss of Household Services in the future;
P. Exemplary Damages.
By reason of the above, Plaintiff suffered losses and damages in a sum within the
jurisdictional limits of the Court and for which this lawsuit is brought. The amount in controversy
is within the jurisdictional limits of the Court and the amount in controversy does not exceed the
sum of $250,000.00.
XI. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that upon final trial of this
cause, they recover judgment of and against the Defendants for damages in a sum in excess of
the minimum jurisdictional limits of the Court, plus interest thereon at the legal rate, for pre- and
post-judgment interest, for costs of Court, and for such other and further relief to which they may
show themselves justly entitled.
Respectfully submitted,
By: /s/ Chris R. Brasure
CHRIS R. BRASURE
Texas Bar No. 24036257
BRASURE LAW FIRM, PLLC
135 Paseo Del Prado, Ste. 32
Edinburg, Texas 78539
Tel. (956) 686-3555
Fax (888) 880-9309
chris@brasurelaw.com
ATTORNEY FOR PLAINTIFF
PLAINTIFF HEREBY DEMANDS A TRIAL BY JURY
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Preview
Electronically Filed 5/22/2024 4:14 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2385-24-D CAUSE NO. _____________ JOEL PENA § IN THE DISTRICT COURT § Plaintiff, § § VS. § § _____ JUDICIAL DISTRICT RENE LLARZA, ISMAEL VASQUEZ, & § PROGRESSIVE COUNTY MUTUAL § INSURANCE COMPANY § § Defendants. § HIDLAGO COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, JOEL PENA (“Plaintiff”), and files this Original Petition complaining of RENE LLARZA, ISMAEL VASQUEZ, & PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY (“PROGRESSIVE”) Defendants, and for cause of action would respectfully show the Court the following: I. THE PARTIES Plaintiff resides in HIDALGO County, Texas. Defendant, RENE LLARZA, is an individual who may be served with notice of this suit at his residence, 424 HAWK STREET SULLIVAN CITY, TEXAS 78595 or any location that may become available. Defendant, ISMAEL VASQUEZ, is an individual who may be served with notice of this suit at his residence, 406 SULLIVAN DRIVE SULLIVAN CITY, TEXAS 78595 or any location that may become available. Defendant, PROGRESSIVE MUTUAL AUTOMOBILE INSURANCE COMPANY, is a duly incorporated insurance company authorized to do business in and doing business in the State of Texas. Defendant may be served with CT Corporation System 199 Bryan Street, Ste 900 Dallas, Texas 75201-3136. 1 Electronically Filed 5/22/2024 4:14 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2385-24-D II. VENUE Venue is appropriate in HIDALGO County, Texas, as the location of the automobile collision. This court has jurisdiction over the subject matter and parties. The amount in controversy is within the jurisdictional limits of this Court. Plaintiff is seeking monetary relief over $100,000.00 but less than $250,000.00. Federal courts lack subject matter jurisdiction over this action, as there is no federal question, nor is there complete diversity of citizenship. Removal would therefore be improper. Federal court diversity jurisdiction does not exist in this suit for the following reasons: a. Plaintiff is a resident of the state of Texas; and b. Defendant, RENE LLARZA, is a citizen of Texas; c. Defendant, ISMAEL VASQUEZ, is a resident of Texas. III. DISCOVERY LEVEL Discovery in this case as per the Texas Rules of Civil Procedure and will be set forth in an Agreed Scheduling Order. IV. FACTS Plaintiff brings this lawsuit to recover for damages arising out of an automobile collision that occurred on or about December 28, 2023 on 3200 block of East Main Avenue in Hidalgo County, Texas. Plaintiff was stationary facing eastbound. Defendant, RENE LLARZA was driving while distracted and smashed into the rear of the vehicle carrying Plaintiff, and caused injuries made the basis of this lawsuit. At the time of the crash, Defendant, Ruiz, was driving a vehicle, entrusted to him by Defendant, ISMAEL VASQUEZ. . Defendant’s actions described above proximately caused the injuries and damages set forth below. Investigating Alton police officer, Damian Nicholas Leo, summarized his findings below: 2 Electronically Filed 5/22/2024 4:14 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2385-24-D V. NEGLIGENCE Said collision was proximately caused by various negligent acts and/or omissions on the part of Defendant, RENE LLARZA. The negligent acts and/or omissions include, but are not limited to, the following: 1. Driving while distracted; 2. Failing to control his speed; 3. Failing to timely apply the brakes of the vehicle; 4. Failing to maintain a proper look out; 5. Failing to keep his vehicle under such control as an ordinary prudent person in the exercise of ordinary care would have operated and controlled her vehicle under the same or similar circumstances; and 6. Any and all other acts of negligence and/or omissions to be proven at the time of trial. Each and every one of the foregoing acts and/or omissions, taken separately and/or collectively, constitute a direct and proximate cause of the injuries and damages set forth below. , which resulted in the damages set forth below and incorporated by reference herein. VI. NEGLIGENT ENTRUSTMENT 3 Electronically Filed 5/22/2024 4:14 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2385-24-D Defendant, ISMAEL VASQUEZ, was also negligent in that he negligently entrusted the vehicle to Defendant, RENE LLARZA, when he knew or should have known that RENE LLARZA was an incompetent and/or reckless driver. Defendant’s entrustment caused the injuries and damages set forth below. VII. EXEMPLARY DAMAGES Each of Defendant’s acts or omissions described above, when viewed from the standpoint of Defendant at the time of the act or omission, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to Plaintiff and others. Defendant had actual, subjective awareness of the risk involved in the above-described acts or omissions, but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of Plaintiff and others. Plaintiff requests a trial by jury. Therefore, a jury will determine the harms and losses in this case. In addition, based on the facts stated herein, Plaintiff requests exemplary damages be awarded to Plaintiff from Defendant. VIII. CLAIMS AGAINST PROGRESSIVE-DECLARATORY RELIEF Based on the foregoing facts, information and belief, the contract(s) of insurance in force and effect between the vehicle operator and Defendant, PROGRESSIVE, at the time of the collision, a declaratory judgment pursuant to TEX. CIV. PRAC. & REM. CODE Ch. 37 is sought to recover from PROGRESSIVE, for damages resulting from the subject motor vehicle collision, that those damages fall within the coverage afforded under the Defendant PROGRESSIVE’s insurance policy (No. 963556297), and specifying the amount of damages, attorney fees, interest, and court costs that Defendant, PROGRESSIVE, is obligated to pay. As a result of the collision described above, injuries such as physical pain, mental anguish, physical impairment, and disfigurement in the past, all of which will, in reasonable probability, have been suffered and will continue in the future. Due to the severity of injuries, medical and related health care expenses were paid in the past and, in reasonable probability, 4 Electronically Filed 5/22/2024 4:14 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2385-24-D will be incurred such expenses in the future. Pursuant to TEX. CIV. PRAC. & REM. CODE Ch. 37, recovery of reasonable and necessary attorneys’ fees from Defendant, PROGRESSIVE, are sought. IX. DAMAGES FOR PLAINTIFF As a direct and proximate result of the occurrence made the basis of this lawsuit, and Defendant’s acts as described herein, Plaintiff was caused to suffer serious lifelong injuries, and to endure anxiety, pain, and illness resulting in damages more fully set forth below. Plaintiff seeks to recover all general damages. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff has incurred the following damages: 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 accident complained of herein and such charges are reasonable and were 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. Pain and suffering in the past; D. Mental anguish in the past; E. Pain and suffering in the future; F. Mental anguish in the future; G. Physical impairment in the past; H. Physical impairment which, in all reasonable probability, will be suffered in the future; I. Loss of earnings in the past; J. Loss of earning capacity in the past; K. Loss of earning capacity which will, in all probability, be incurred in the future; L. Loss of Consortium in the past, including damages to the family relationship, loss of care, comfort, solace, companionship, protection, 5 Electronically Filed 5/22/2024 4:14 PM Hidalgo County District Clerks Reviewed By: Armando Cantu C-2385-24-D services, and/or physical relations; M. Loss of Consortium in the future including damages to the family relationship, loss of care, comfort, solace, companionship, protection, services, and/or physical relations; N. Loss of Household Services in the past; O. Loss of Household Services in the future; P. Exemplary Damages. By reason of the above, Plaintiff suffered losses and damages in a sum within the jurisdictional limits of the Court and for which this lawsuit is brought. The amount in controversy is within the jurisdictional limits of the Court and the amount in controversy does not exceed the sum of $250,000.00. XI. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that upon final trial of this cause, they recover judgment of and against the Defendants for damages in a sum in excess of the minimum jurisdictional limits of the Court, plus interest thereon at the legal rate, for pre- and post-judgment interest, for costs of Court, and for such other and further relief to which they may show themselves justly entitled. Respectfully submitted, By: /s/ Chris R. Brasure CHRIS R. BRASURE Texas Bar No. 24036257 BRASURE LAW FIRM, PLLC 135 Paseo Del Prado, Ste. 32 Edinburg, Texas 78539 Tel. (956) 686-3555 Fax (888) 880-9309 chris@brasurelaw.com ATTORNEY FOR PLAINTIFF PLAINTIFF HEREBY DEMANDS A TRIAL BY JURY 6