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FILED
1 cm
CIT/ ESERVE 5/27/2020 1:31PM
Sizg/Ezgfggrgpgg
FELICIA PITRE
DISTRICT CLERK
DALLAS 00.,TEXAS
DC-20-O7324
DC-20-07324 DEPUTY
Nikiya Harris
CAUSE NO.
CLENDON RHEA, IN THE DISTRICT COURT
Plaintiff,
95TH
v.
V. JUDICIAL DISTRICT
ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY, DALLAS COUNTY, TEXAS
Defendant.
PLAINTIFF'S ORIGINAL PETITION. REQUEST FOR DISCLOSURE. AND PETITION
T0
TO DETERMINE BENEFITS UNDER PLAINTIFF’S INSURANCE POLICY
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, CLENDON RHEA, Plaintiff, and file Plaintiff’s Original Petition,
complaining of ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, and would
show unto the Court as follows:
|. SELECTION OF DISCOVERY LEVEL
1. This suit is governed by discovery control plan 2 under Rule 190.3 of the
Texas Rules of Civil Procedure.
||.PARTIES
2. Plaintiff, CLENDON RHEA, is an individual who resides at 9428 Kelly Lane,
Alvarado, Johnson County, TX 76009.
3. Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, is
a domestic insurance company conducting business inTexas that may be served through
its President, Vice-President or Registered Agent, C T Corporation System at 1999 Bryan
Street Suite 900, Dallas, TX 75201. Citation is being requested for this Defendant and
service will
wi|| be completed by a private process server.
|||. JURISDICTION & VENUE
4. The Court has continuing jurisdiction over Defendant because Defendant,
Allstate Fire and Casualty Insurance Company, maintains substantial and continuing
contacts with the State of Texas. The Court has jurisdiction over the subject matter,
because the damages are within the statutory jurisdictional limits of the Court.
5. Venue isproper in Dallas County, Texas, because all or a substantial part of
the events giving rise to this cause of action occurred in that county.
PLAINTIFF'S ORIGINAL PETITION/260857 Page 1
6. This lawsuit results from
IV.
an
m
automobile collision that occurred on or about
January 14, 201 9, at Interstate Highway 35 and Beckley Avenue in Dallas, Dallas County,
TX. Plaintiff, Glendon Rhea, was traveling northbound on Interstate Highway 35. An
uninsured motorist, Garcia Gilberto, was traveling directly behind Plaintiff’s vehicle. The
uninsured motorist, Garcia Gilberto, failed to control his speed and rear ended Plaintiff’s
vehicle. As a result of the impact, Plaintiff suffered bodily injury and loss of earning
capacity.
7. At all times relevant to these events, Plaintiff had a policy of insurance with
Defendant, Allstate Fire and Casualty Insurance Company for, among other things,
uninsured motorist protection. Plaintiff was therefore protected against loss caused by
bodily injury and loss of earning capacity resulting from the use of an uninsured motor
vehicle.
V. NEGLIGENCE
8. Plaintiff has verified that Garcia Gilberto, had no insurance coverage at the
time of this accident. The collision described above, and the resulting injuries and damages
suffered by Plaintiff, were proximately caused by the negligent conduct of Garcia Gilberto.
Specifically, Garcia Gilberto had a duty to exercise ordinary care and operate the vehicle
reasonably and prudently. Garcia Gilberto breached this duty in one or more of the
following ways:
a. Failure to maintain a proper lookout;
b. Failure to make such application of the brakes as a person using
ordinary care would have made;
c. Failure to maintain proper control of the vehicle under the conditions
then and there existing;
d. Failure to turn the vehicle to the right or left to avoid the collision;
e. Traveling at an unsafe speed; and
f. Failure to maintain an adequate distance between the vehicles and
the vehicle driven by Plaintiff, Clendon Rhea.
PLAINTIFF'S ORIGINAL PETITION/260857 Page 2
VI. PETITION TO DETERMINE RIGHTS UNDER PLAINTIFF’S INSURANCE POLICY
9. Pursuant to the Uniform Declaratory Judgment Act, Chapter 37 of the Texas
Civil Practices and Remedies Code, Plaintiff petitions this Court for a declaration of his
rights under the policy of insurance issued to him by Defendant, Allstate Fire and Casualty
Insurance Company.
10. Declaratory judgments are intended to afford relief from uncertainty and
insecurity with respect to rights, status, and other legal relations; and itis to be liberally
construed and administered. Tex. Civ. Prac. & Rem. Code Ann. § 37.002 (Vernon).
1 1. The declaration may be either affirmative or negative in form and effect, and
the declaration has the force and effect of a final judgment or decree. Tex. Civ. Prac. &
Rem. Code Ann. § 37.003(b) (Vernon).
12. A person interested under a written contract, whose rights, status, or other
legal relations are affected by a contract, may have determined any question of
construction or validity arising under the contract and obtain a declaration of rights, status,
or other legal relations thereunder. Tex. Civ. Prac. & Rem. Code Ann. § 37.004(a)
(Vernon).
13. A contract may be construed either before or after there has been a breach.
Tex. Civ. Prac. & Rem. Code Ann. § 37.004(b) (Vernon).
14. The issue may be tried and determined inthe same manner as issues of fact
are tried and determined in other civilactions. Tex. Civ. Prac. & Rem. Code Ann. § 37.007
(Vernon).
15. Plaintiff respectfully requests, should this Court declare the driver was an
uninsured motorist at the time of the incident in question and that Plaintiff is legally entitled
to receive damages from Defendant that this Court determine Plaintiff’s rights under the
policy with Defendant, Allstate Fire and Casualty Insurance Company, and declare that
Defendant, Allstate Fire and Casualty Insurance Company, is liable for such damages.
16. Alternatively, Plaintiff requests, should this Court make a judicial
determination that Plaintiff is legally entitled to recover damages from the uninsured
motorist who caused, in whole or in part, Plaintiff's damages, that this court also make a
judicial determination as to Plaintiff’s rights under the policy with Defendant, Allstate Fire
PLAINTIFF'S ORIGINAL PETITION/260857 Page 3
and Casualty Insurance Company, and determine whether Defendant is obligated to pay
such damages under the uninsured coverage portion of the insurance policy in question.
VII. DAMAGES
17. At the time of the occurrence described above, Garcia Gilberto, was
operating an uninsured motor vehicle, as that term is defined in the policy of insurance.
As a proximate result of the negligence of Garcia Gilberto, Plaintiff suffered severe injuries.
As a result of their injuries, Plaintiff has suffered losses and damages in a sum within the
jurisdictional limits of the court, for which Plaintiff hereby sues. Plaintiff has suffered the
following damages:
a. Physical pain and mental anguish in the past and future;
b Medical expenses in the past and future;
c. Physical impairment; and
d Loss of earning capacity.
VIII. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, CLENDON RHEA, respectfully
requests that Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY,
be cited to appear and answer, and on final trial, that Plaintiff have judgment against
Defendant for:
a. Judgment against Defendant in a sum within the jurisdictional limits of the
Coun;
b. Actual damages;
c. Prejudgment and post judgment interest as allowed by law;
d. Costs of suit;
e. Monetary relief over $200,000 but not more than $1 ,000,000; and
—h
Such other and further relief to which Plaintiff may be justly entitled.
PLAINTIFF'S ORIGINAL PETITION/260857 Page 4
IX. REQUEST FOR DISCLOSURE
Pursuant Rule 194 of the Texas Rules of Civil Procedure, please disclose all
-
information identified in Rule 194.2 (a) (I).
Respectfully submitted,
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041
(972) 263-5555
(81 7) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
by: /s/ Camilo Valencia
Camilo Valencia
241 10468
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION/260857 Page 5
Preview
FILED 1 cm CIT/ ESERVE 5/27/2020 1:31PM Sizg/Ezgfggrgpgg FELICIA PITRE DISTRICT CLERK DALLAS 00.,TEXAS DC-20-O7324 DC-20-07324 DEPUTY Nikiya Harris CAUSE NO. CLENDON RHEA, IN THE DISTRICT COURT Plaintiff, 95TH v. V. JUDICIAL DISTRICT ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, DALLAS COUNTY, TEXAS Defendant. PLAINTIFF'S ORIGINAL PETITION. REQUEST FOR DISCLOSURE. AND PETITION T0 TO DETERMINE BENEFITS UNDER PLAINTIFF’S INSURANCE POLICY TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, CLENDON RHEA, Plaintiff, and file Plaintiff’s Original Petition, complaining of ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, and would show unto the Court as follows: |. SELECTION OF DISCOVERY LEVEL 1. This suit is governed by discovery control plan 2 under Rule 190.3 of the Texas Rules of Civil Procedure. ||.PARTIES 2. Plaintiff, CLENDON RHEA, is an individual who resides at 9428 Kelly Lane, Alvarado, Johnson County, TX 76009. 3. Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, is a domestic insurance company conducting business inTexas that may be served through its President, Vice-President or Registered Agent, C T Corporation System at 1999 Bryan Street Suite 900, Dallas, TX 75201. Citation is being requested for this Defendant and service will wi|| be completed by a private process server. |||. JURISDICTION & VENUE 4. The Court has continuing jurisdiction over Defendant because Defendant, Allstate Fire and Casualty Insurance Company, maintains substantial and continuing contacts with the State of Texas. The Court has jurisdiction over the subject matter, because the damages are within the statutory jurisdictional limits of the Court. 5. Venue isproper in Dallas County, Texas, because all or a substantial part of the events giving rise to this cause of action occurred in that county. PLAINTIFF'S ORIGINAL PETITION/260857 Page 1 6. This lawsuit results from IV. an m automobile collision that occurred on or about January 14, 201 9, at Interstate Highway 35 and Beckley Avenue in Dallas, Dallas County, TX. Plaintiff, Glendon Rhea, was traveling northbound on Interstate Highway 35. An uninsured motorist, Garcia Gilberto, was traveling directly behind Plaintiff’s vehicle. The uninsured motorist, Garcia Gilberto, failed to control his speed and rear ended Plaintiff’s vehicle. As a result of the impact, Plaintiff suffered bodily injury and loss of earning capacity. 7. At all times relevant to these events, Plaintiff had a policy of insurance with Defendant, Allstate Fire and Casualty Insurance Company for, among other things, uninsured motorist protection. Plaintiff was therefore protected against loss caused by bodily injury and loss of earning capacity resulting from the use of an uninsured motor vehicle. V. NEGLIGENCE 8. Plaintiff has verified that Garcia Gilberto, had no insurance coverage at the time of this accident. The collision described above, and the resulting injuries and damages suffered by Plaintiff, were proximately caused by the negligent conduct of Garcia Gilberto. Specifically, Garcia Gilberto had a duty to exercise ordinary care and operate the vehicle reasonably and prudently. Garcia Gilberto breached this duty in one or more of the following ways: a. Failure to maintain a proper lookout; b. Failure to make such application of the brakes as a person using ordinary care would have made; c. Failure to maintain proper control of the vehicle under the conditions then and there existing; d. Failure to turn the vehicle to the right or left to avoid the collision; e. Traveling at an unsafe speed; and f. Failure to maintain an adequate distance between the vehicles and the vehicle driven by Plaintiff, Clendon Rhea. PLAINTIFF'S ORIGINAL PETITION/260857 Page 2 VI. PETITION TO DETERMINE RIGHTS UNDER PLAINTIFF’S INSURANCE POLICY 9. Pursuant to the Uniform Declaratory Judgment Act, Chapter 37 of the Texas Civil Practices and Remedies Code, Plaintiff petitions this Court for a declaration of his rights under the policy of insurance issued to him by Defendant, Allstate Fire and Casualty Insurance Company. 10. Declaratory judgments are intended to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and itis to be liberally construed and administered. Tex. Civ. Prac. & Rem. Code Ann. § 37.002 (Vernon). 1 1. The declaration may be either affirmative or negative in form and effect, and the declaration has the force and effect of a final judgment or decree. Tex. Civ. Prac. & Rem. Code Ann. § 37.003(b) (Vernon). 12. A person interested under a written contract, whose rights, status, or other legal relations are affected by a contract, may have determined any question of construction or validity arising under the contract and obtain a declaration of rights, status, or other legal relations thereunder. Tex. Civ. Prac. & Rem. Code Ann. § 37.004(a) (Vernon). 13. A contract may be construed either before or after there has been a breach. Tex. Civ. Prac. & Rem. Code Ann. § 37.004(b) (Vernon). 14. The issue may be tried and determined inthe same manner as issues of fact are tried and determined in other civilactions. Tex. Civ. Prac. & Rem. Code Ann. § 37.007 (Vernon). 15. Plaintiff respectfully requests, should this Court declare the driver was an uninsured motorist at the time of the incident in question and that Plaintiff is legally entitled to receive damages from Defendant that this Court determine Plaintiff’s rights under the policy with Defendant, Allstate Fire and Casualty Insurance Company, and declare that Defendant, Allstate Fire and Casualty Insurance Company, is liable for such damages. 16. Alternatively, Plaintiff requests, should this Court make a judicial determination that Plaintiff is legally entitled to recover damages from the uninsured motorist who caused, in whole or in part, Plaintiff's damages, that this court also make a judicial determination as to Plaintiff’s rights under the policy with Defendant, Allstate Fire PLAINTIFF'S ORIGINAL PETITION/260857 Page 3 and Casualty Insurance Company, and determine whether Defendant is obligated to pay such damages under the uninsured coverage portion of the insurance policy in question. VII. DAMAGES 17. At the time of the occurrence described above, Garcia Gilberto, was operating an uninsured motor vehicle, as that term is defined in the policy of insurance. As a proximate result of the negligence of Garcia Gilberto, Plaintiff suffered severe injuries. As a result of their injuries, Plaintiff has suffered losses and damages in a sum within the jurisdictional limits of the court, for which Plaintiff hereby sues. Plaintiff has suffered the following damages: a. Physical pain and mental anguish in the past and future; b Medical expenses in the past and future; c. Physical impairment; and d Loss of earning capacity. VIII. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, CLENDON RHEA, respectfully requests that Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, be cited to appear and answer, and on final trial, that Plaintiff have judgment against Defendant for: a. Judgment against Defendant in a sum within the jurisdictional limits of the Coun; b. Actual damages; c. Prejudgment and post judgment interest as allowed by law; d. Costs of suit; e. Monetary relief over $200,000 but not more than $1 ,000,000; and —h Such other and further relief to which Plaintiff may be justly entitled. PLAINTIFF'S ORIGINAL PETITION/260857 Page 4 IX. REQUEST FOR DISCLOSURE Pursuant Rule 194 of the Texas Rules of Civil Procedure, please disclose all - information identified in Rule 194.2 (a) (I). Respectfully submitted, Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, TX 75041 (972) 263-5555 (81 7) 263-5555 (972) 682-7586 Facsimile eService@benabbott.com by: /s/ Camilo Valencia Camilo Valencia 241 10468 ATTORNEYS FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION/260857 Page 5