Preview
FILED
2 CIT ESERVE 7:353
3/20/2020 7:32PM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Belinda Hernandez DEPUTY
CAUSE NO.DC-20-O4692
NOIDC-20-04692
MREN
KAREN VELASCO, IN THE DISTRICT COURT
Plaintiff,
v.
V.
G-134TH JUDICIAL DISTRICT
XIAOHAN WANG and MARIA BLANCA
GONZALEZ,
Defendants. DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, KAREN VELASCO, Plaintiff, complaining of and against Defendants
XIAOHAN WANG and MARIA BLANCA GONZALEZ, (hereinafter collectively referred t0 to as
“Defendants”) and would respectfully show unto the Court as follows:
I.
DISCOVERY CONTROL PLAN
1. Plaintiff submits this action under Discovery Control Plan Level II, per Rule 190.3 0f the
Texas Rules of Civil Procedure.
II.
RELIEF
2. Plaintiff seeks monetary relief of over $100,000.00 but not more than $200,000.00.
III.
JURISDICTION
3. Plaintiffss damages exceed the
This Court has jurisdiction as Plaintiff minimum jurisdictional
limits of this Court.
IV.
VENUE
4. A11 0r a substantial part of the events 0r omissions that give rise t0 the underlying claim
accrued in Dallas County, therefore venue is proper in Dallas County pursuant t0 C.P.R.C. §
15.002(a)(1).
V.
PARTIES
5. Plaintiff is an individual domiciled in Collin County, Texas.
6. Defendant, XIAOHAN WANG, is an individual who has committed a tort in Texas and
Who may be served With process Wherever he may be found at 9450 Thornberry Lane, Dallas,
Texas 75220. ISSUANCE OF CITATION IS REQUESTED AT THIS TIME.
7. Defendant MARIA BLANCA GONZALEZ is an individual who may be served With
process at her place 0f abode located at 6615 Prosper St.,Dallas, Texas 75209. ISSUANCE OF
CITATION IS REQUESTED AT THIS TIME.
VI.
JURY DEMAND
8. Plaintiff hereby respectfully requests that a jury be convened to try the factual issues of
this case.
VII.
FACTS
9. Plaintiff would respectfully show the Court that 0n 0r about March 20, 2018, she was a
passenger in a vehicle being operated by Defendant MARIA BLANCA GONZALEZ that was
stopped at a red light 0n westbound W. Northwest Highway in Dallas, Texas When it was
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 2
forcefully rear ended by Defendant XIAOHAN WANG.
10. Defendants’ negligence proximately caused Plaintiff’s injuries and damages described
herein.
VIII.
NEGLIGENCE
11. Defendants XIAOHAN WANG and MARIA BLANCA GONZALEZ’S actions and/or
omissions proximately caused Plaintiff’ s personal injuries and damages. Defendants’ acts and/or
omissions constituted negligence and/or negligence per se in the following acts, to wit:
a. In failing t0 keep such a 100k out as a person 0f ordinary prudence would have
kept under the same 0r similar circumstances;
b. In failing to control the speed of their vehicles;
c. In failing to be attentive;
d. In failing to use due care to avoid the collision;
e. In failing to identify, predict, decide and execute evasive maneuvers appropriately
in order to avoid collision;
f. In failing to apply the brakes t0 their vehicles in order t0 avoid the collision;
g. In failing t0 keep a proper lookout;
h. In failing to keep a safe distance, and;
i. In failing t0 act as a reasonable person would have under the same or similar
circumstances.
12. Each of the above acts and omissions, singularly or in combination With each other, was a
proximate cause 0f the Plaintiff sustaining injuries and damages that are described below.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 3
XIII.
GROSS NEGLIGENCE
13. Plaintiffs injuries resulted from Defendants’ gross negligence, which entitles Plaintiff t0
exemplary damages under C.P.R.C. § 41 .003 (a).
IX.
DAMAGES
14. As a direct and proximate result 0f Defendants” negligence, Plaintiff suffered injuries t0
various parts of her body. As a result of said bodily injuries, Plaintiff required medical
treatment and thus incurred reasonable and necessary medical expenses. There ismore than a
reasonable medical probability that Plaintiff Will incur additional reasonable expenses for
necessary medical care and attention in the future. Plaintiff also suffered physical impairment,
lost wages, loss 0f earning capacity, physical pain and mental anguish as a result 0f the collision.
In all likelihood, Plaintiff Will continue t0 suffer in this manner for the remainder 0f her life.
15. By reason of the foregoing injuries and damages, the Plaintiff sustained damages far in
excess of the minimum jurisdictional limits of the Court.
X.
PLAINTIFF’S REQUEST FOR DISCLOSURES TO DEFENDANTS
16. Plaintiff hereby requests that Defendants disclose the information and material described
in TEX. R. CIV. P. 194.2 (a)
-
(1). Defendants’ responses shall be delivered to Plaintiff’s
attorney 0f record at 400 S. Zang Boulevard, Suite 1022, Dallas, Texas 75208 Within fifty (50)
days from the date of service hereof. Plaintiff also requests that the Defendants supplement
responses to this Request for Disclosure, as provided by TEX. R. CIV. P. 192, 193, and 194.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 4
XI.
PRAYER
17. WHEREFORE, Plaintiff respectfully requests that the Defendants be cited t0 appear and
answer, and that 0n final trial,Plaintiff be awarded judgment against the Defendants, jointly and
severally, for the following:
a. Past and future medical expenses in an amount to be determined by the trier 0f
fact;
Monetary damages for Plaintiff for past and future physical pain and suffering and
mental anguish in amount t0 be determined by the trier of fact;
Monetary damages for Plaintiff for past and future physical impairment in an
amount t0 be determined by the trier of fact;
Lost wages and past and future loss 0f earning capacity;
Pre and post judgment interest at the maximum legal rate;
Costs of Court;
Such other and further relief, at law 0r in equity, to Which Plaintiff may be justly
entitled.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 5
Respectfully Submitted,
GANDARA & GONZALEZ, PLLC
By: _/s/_Cassandra M. Gandara
Cassandra M. Gandara
State Bar No. 24059800
Cassandra@oakclifflawyers.com
Jessica A. Gonzalez
State Bar N0. 24076 1 76
Jessica@0akclifflawyers.com
400 S. Zang Blvd., Suite 1022
Dallas, Texas 75208
Telephone: (972) 755-9897
Facsimile: (972) 619-8813
Email for electronic service:
service@0akclifflawyers.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Preview
FILED 2 CIT ESERVE 7:353 3/20/2020 7:32PM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Belinda Hernandez DEPUTY CAUSE NO.DC-20-O4692 NOIDC-20-04692 MREN KAREN VELASCO, IN THE DISTRICT COURT Plaintiff, v. V. G-134TH JUDICIAL DISTRICT XIAOHAN WANG and MARIA BLANCA GONZALEZ, Defendants. DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, KAREN VELASCO, Plaintiff, complaining of and against Defendants XIAOHAN WANG and MARIA BLANCA GONZALEZ, (hereinafter collectively referred t0 to as “Defendants”) and would respectfully show unto the Court as follows: I. DISCOVERY CONTROL PLAN 1. Plaintiff submits this action under Discovery Control Plan Level II, per Rule 190.3 0f the Texas Rules of Civil Procedure. II. RELIEF 2. Plaintiff seeks monetary relief of over $100,000.00 but not more than $200,000.00. III. JURISDICTION 3. Plaintiffss damages exceed the This Court has jurisdiction as Plaintiff minimum jurisdictional limits of this Court. IV. VENUE 4. A11 0r a substantial part of the events 0r omissions that give rise t0 the underlying claim accrued in Dallas County, therefore venue is proper in Dallas County pursuant t0 C.P.R.C. § 15.002(a)(1). V. PARTIES 5. Plaintiff is an individual domiciled in Collin County, Texas. 6. Defendant, XIAOHAN WANG, is an individual who has committed a tort in Texas and Who may be served With process Wherever he may be found at 9450 Thornberry Lane, Dallas, Texas 75220. ISSUANCE OF CITATION IS REQUESTED AT THIS TIME. 7. Defendant MARIA BLANCA GONZALEZ is an individual who may be served With process at her place 0f abode located at 6615 Prosper St.,Dallas, Texas 75209. ISSUANCE OF CITATION IS REQUESTED AT THIS TIME. VI. JURY DEMAND 8. Plaintiff hereby respectfully requests that a jury be convened to try the factual issues of this case. VII. FACTS 9. Plaintiff would respectfully show the Court that 0n 0r about March 20, 2018, she was a passenger in a vehicle being operated by Defendant MARIA BLANCA GONZALEZ that was stopped at a red light 0n westbound W. Northwest Highway in Dallas, Texas When it was PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 2 forcefully rear ended by Defendant XIAOHAN WANG. 10. Defendants’ negligence proximately caused Plaintiff’s injuries and damages described herein. VIII. NEGLIGENCE 11. Defendants XIAOHAN WANG and MARIA BLANCA GONZALEZ’S actions and/or omissions proximately caused Plaintiff’ s personal injuries and damages. Defendants’ acts and/or omissions constituted negligence and/or negligence per se in the following acts, to wit: a. In failing t0 keep such a 100k out as a person 0f ordinary prudence would have kept under the same 0r similar circumstances; b. In failing to control the speed of their vehicles; c. In failing to be attentive; d. In failing to use due care to avoid the collision; e. In failing to identify, predict, decide and execute evasive maneuvers appropriately in order to avoid collision; f. In failing to apply the brakes t0 their vehicles in order t0 avoid the collision; g. In failing t0 keep a proper lookout; h. In failing to keep a safe distance, and; i. In failing t0 act as a reasonable person would have under the same or similar circumstances. 12. Each of the above acts and omissions, singularly or in combination With each other, was a proximate cause 0f the Plaintiff sustaining injuries and damages that are described below. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 3 XIII. GROSS NEGLIGENCE 13. Plaintiffs injuries resulted from Defendants’ gross negligence, which entitles Plaintiff t0 exemplary damages under C.P.R.C. § 41 .003 (a). IX. DAMAGES 14. As a direct and proximate result 0f Defendants” negligence, Plaintiff suffered injuries t0 various parts of her body. As a result of said bodily injuries, Plaintiff required medical treatment and thus incurred reasonable and necessary medical expenses. There ismore than a reasonable medical probability that Plaintiff Will incur additional reasonable expenses for necessary medical care and attention in the future. Plaintiff also suffered physical impairment, lost wages, loss 0f earning capacity, physical pain and mental anguish as a result 0f the collision. In all likelihood, Plaintiff Will continue t0 suffer in this manner for the remainder 0f her life. 15. By reason of the foregoing injuries and damages, the Plaintiff sustained damages far in excess of the minimum jurisdictional limits of the Court. X. PLAINTIFF’S REQUEST FOR DISCLOSURES TO DEFENDANTS 16. Plaintiff hereby requests that Defendants disclose the information and material described in TEX. R. CIV. P. 194.2 (a) - (1). Defendants’ responses shall be delivered to Plaintiff’s attorney 0f record at 400 S. Zang Boulevard, Suite 1022, Dallas, Texas 75208 Within fifty (50) days from the date of service hereof. Plaintiff also requests that the Defendants supplement responses to this Request for Disclosure, as provided by TEX. R. CIV. P. 192, 193, and 194. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 4 XI. PRAYER 17. WHEREFORE, Plaintiff respectfully requests that the Defendants be cited t0 appear and answer, and that 0n final trial,Plaintiff be awarded judgment against the Defendants, jointly and severally, for the following: a. Past and future medical expenses in an amount to be determined by the trier 0f fact; Monetary damages for Plaintiff for past and future physical pain and suffering and mental anguish in amount t0 be determined by the trier of fact; Monetary damages for Plaintiff for past and future physical impairment in an amount t0 be determined by the trier of fact; Lost wages and past and future loss 0f earning capacity; Pre and post judgment interest at the maximum legal rate; Costs of Court; Such other and further relief, at law 0r in equity, to Which Plaintiff may be justly entitled. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE 5 Respectfully Submitted, GANDARA & GONZALEZ, PLLC By: _/s/_Cassandra M. Gandara Cassandra M. Gandara State Bar No. 24059800 Cassandra@oakclifflawyers.com Jessica A. Gonzalez State Bar N0. 24076 1 76 Jessica@0akclifflawyers.com 400 S. Zang Blvd., Suite 1022 Dallas, Texas 75208 Telephone: (972) 755-9897 Facsimile: (972) 619-8813 Email for electronic service: service@0akclifflawyers.com ATTORNEYS FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE