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FILED
7/15/2020 7:52AM
FELICIA PITRE
1 CIT/ ESERVE DISTRICT CLERK
DALLAS CO., TEXAS
Irasema Sutherland DEPUTY
NOODC-20-09594
JAYLON HALTON § IN THE DISTRICT COURT
Plaintiff, §
v.
§
§
§
__
191ST JUDICIAL DISTRICT
PENELOPE J. RAMIREZ §
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY
T0 THE HONORABLE JUDGE OF SAID COURT:
NOW COMES JAYLON HALTON (“Plaintiff”), complaining ofand about PENELOPE J.
RAMIREZ (“Defendant”), and for cause of action show unto the Court the following:
DISCOVERY CONTROL PLAN LEVEL
1. Plaintiff intends that discovery be conducted under Discovery Level 2. Plaintifi‘seeks
only monetary damages ofover $ 1 00,000.00 but not more than $200,000.00, including damages, of
any kind, penalties, costs, pre-judgment interest and attorney fees.
PARTIES AND SERVICE
2. Plaintiff JAYLON HALTON is an individual residing in Dallas, Texas.
3. The last three digits of JAYLON HALTON's social security number are 218.
4. Defendant PENELOPE J. RAMIREZ is an individual who is a resident ofTexas and
may be served with process at 3530 BOBTOWN RD, APT 312, GARLAND, TX 75043-2017,
or wherever she may be found. Service of said Defendant as described above can be effected by
personal delivery.
JURISDICTION AND VENUE
5. The subject matter in controversy is within the jurisdictional limits of this court.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY Page 1
6.
6. This court
This court has jurisdiction over
has jurisdiction over the
the parties
parties because
because Defendant
Defendant is
is a
a Texas resident.
Texas resident.
7.
7. Venue in in Dallas
Dallas County
County is is proper
prdper inin this
this cause
cause under
under Section
Section 15.002(a)(1)
15.002(a)(1) of the
of the
Texas
Texas Civil Practice and
Civil Practice and Remedies
Remedies Code because
because all
all or
or a substantial
a_substantial part
part of the events
ofthe events or
or omissions
omissions
giving rise to
giving rise to this
this lawsuit
lawsuit occurred
occurred inin said county.
said county.
FACTS
8.
8. On or
or about
about November
November 1, 1, 201
2018, in Dallas,
8, in Dallas, Texas,
Texas, Plaintiff
PlaintiffJAYLON
JAYLON HALTON was was
traveling west
traveling west on Miller
on Miller Road in in Garland,
Garland, Texas
Texas when Defendant
Defendant PENELOPE J. J. RAMIREZ failedfailed
to
to yield
yield the
the right
n'ght of
of way causing
causing a a collision with Plaintiff.
collision with Plaintiff. As aa result
result of
of Defendant's
Defendant’s negligence,
negligence,
Plaintiff sustained the damages and
Plaintiff sustained the injuries of
and injuries of which areare herein
herein complained.
complained.
PLAINTIFF'S
PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST
DEFENDANT PENELOPE J. J. RAMIREZ
9.
9. Defendant
Defendant PENELOPE
PENELOPE J.J. RAMIREZ
RAMIREZ had had aa duty
duty to
to exercise
exercise the
the degree
degree of
of care that aa
care that
reasonably careful
reasonably person would use
careful person to avoid
use to avoid harm toto others
others under
under circumstances
circumstances similar to those
similar to those
described herein.
described herein.
10.
10. Plaintiff's injuries
Plaintiff’s injuries were
were proximately
proximately caused
caused by
by Defendant
Defendant PENELOPE
PENELOPE J.
J.
negligent, careless
RAMIREZ's negligent, careless and reckless disregard
and reckless disregard ofof said
said duty.
duty.
11.
11. negligent, careless
The negligent, careless and reckless disregard
and reckless disregard ofof duty
duty of
of Defendant
Defendant PENELOPE J. J.
consisted of,
RAMIREZ consisted of, but
but is
is not
not limited to, the
limited to, the following
following acts
acts and
and omissions:
omissions:
A.
A. Traveling
Traveling at aa speed
at speed inin excess
excess ofof that
that which
which was
was reasonable
reasonable andand prudent
prudent
which endangered
endangered life and
life and property
property inin violation
Violation ofof Texas
Texas Transportation
Transportation
Code §545.351
§545.351 and §545.352;
and §545.352;
B.
B. Failing to
Failing to maintain
maintain such
such lookout
lookout asas aa person
person ofof ordinary
ordinary prudence
prudence would
have maintained
have under the
maintained under the same or or similar
similar circumstances;
circumstances;
C.
C. Driving
Driving inattentively;
inattentively;
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCOVERY
PLAINTIFF’S Page
Page 22
D. Failing
Failing to
to take
take proper
proper evasive
evasive measures
measures to t0 avoid
avoid the
the incident;
incident;
E. Failing
Failing to
to yield
yield the
the right
right of
of way inin in
in obedience
obedience to t0 an
an official traffic control
official traffic control
device;
device;
F. Driving
Driving recklessly
recklessly inin violation
violation of Texas Transportation
ofTexas Transportation Code §545.401;
§545.401; andand
G. Failing
Failing to maintain an assured
to maintain assured clear
clear distance
distance between
between vehicles
vehicles in
in violation of
violation of
Texas Transportation
Transportation Code §545.062(a).
§545.062(a).
DAMAGES FOR PLAINTIFF JAYLON HALTON
12.
12. As aa direct
direct and proximate
proximate result
result of
of the
the occurrence
occurrence made the the basis
basis of
of this
this lawsuit,
lawsuit,
Plaintiff JAYLON HALTON has
Plaintiff has suffered
suffered severe
severe injuries
injun'es and
and aa great
great shock
shock toto his
his entire
entire system.
system.
These injuries have had
injuries have had aa serious effect on Plaintiff's
serious effect Plaintiff s health
health and
and well-being.
well-being. Plaintiff
Plaintiff has
has suffered
suffered
traumatic
traumatic injuries,
injuries, all
all of which have
ofwhich have caused
caused pain,
pain, discomfort,
discomfort, and loss ofphysical
and loss ofphysical capacity.
capacity. Some,
Some, ifif
not
not all,
all, of
of Plaintiffs
Plaintiff’s injuries
injuries will
will continue
continue to to be
be troublesome
troublesome longlong into
into the
the future.
filture. Plaintiff
Plaintiff has
has
incurred the following
incurred the damages:
following damages:
A.
A. Reasonable
Reasonable medical care
medical care and
and expenses
expenses in
in the
the past.
past. These
These expenses
expenses were
were
incurred
incurred by Plaintiff,
by Plaintiff, JAYLON
JAYLON HALTON,
HALTON, for the
for the necessary
necessary care
care and
and
treatment
treatment of the injuries
ofthe injuries resulting
resultingfrom
fromthetheaccident
accident complained
complained of herein and
ofherein and
such
such charges
charges are
are reasonable
reasonable and
and were
were usual
usual and
and customary
customary charges
charges for such
for such
services
services inin Dallas
Dallas County,
County, Texas;
Texas;
B. Reasonable
Reasonable and necessary
and necessary medical
medical care
care and
and expenses
expenses which will
which will in
in all
all
reasonable probability be
reasonable probability be incurred
incurred inin the
the future;
future;
C. Physical pain and suffering
Physical pain suffering in the past;
in the past;
D. Physical pain and suffering
Physical pain suffering inin the
the future;
future;
E. Physical
Physical impairment
impairment in in the past;
the past;
F. Physical
Physical impairment
impairment which,
which, inin all
all reasonable
reasonable probability,
probability, will
Will be
be suffered in
suffered in
the
the future;
future;
G. Mental anguish
anguish in in the past;
the past;
PLAINTIFF'S
PLAINTIFF’S ORIGINAL
ORIGINAL PETITION AND REQUEST FOR DISCOVERY Page
Page 33
H.
H. Mental
Mental anguish
anguish in in the
the future;
future;
I.
I. Lost wages in
Lost in the
the past;
past;
J.
J. Lost wages
Lost wages inin the
the future;
filture; and
and
K.
K. Property damage.
Property damage.
RULE 193.7
193.7 NOTICE
13.
13. Pursuant to
Pursuant to Rule 193
193 of
of the
the Texas
Texas Rules
Rules ofof Civil
Civil Procedure,
Procedure, Plaintiffs
Plaintiffs hereby give
hereby give
actual
actual notice
notice to
to Defendants
Defendants that
that any
any and
and all
all documents
documentsand andmaterials
materials produced
produced in in response
response to written
to written
discovery
discovery may
may bebe used
used as
as evidence
evidence inin this
this case;
case; and,
and, that
thatany
any such
such materials
materials used
used as
as evidence
evidence against
against
the party producing
the party producing thethe document
document at at any
any pretrial
pretrial proceeding
proceeding and/or
and/or atat the
the trial
trial ofthis matter
ofthis matter without
without
the necessity
the necessity ofof authenticating
authenticating the
the documents
documents and/or
and/or materials produced in
materials produced in discovery.
discovery.
IMPORTANT NOTICE TO DEFENDANT
YOU MUST DELIVER THIS PETITION (WITH (WITH REQUEST FOR DISCOVERY)
IMMEDIATELY TO YOUR INSURANCE COMPANY
A.
A. Request for for Disclosure
Disclosure
Defendant
Defendant is hereby
is hereby requested
requested to disclose,
to disclose, within
within fifty (50)
fifiy (50) days
days of
of service
service of
of this
this
petition and
petition and incorporated
incorporated request,
request,the
theinformation
informationor ormaterial
material described
described inin Rule
Rule 194.2(a)-
194.2(a)-
(i)
(i) of
of the
the Texas
Texas Rules
Rules ofofCivil
Civil Procedure,
Procedure, to to the
the undersigned
undersigned counsel
counsel of
of record
record for
for
Plaintiff.
Plaintiff.
B.
B. Interrogatories
Interrogatories
Defendant
Defendant is is hereby
hereby requested
requested to to answer, within fifty
answer, within fifty (50)
(50) days
days of
of service
service this petition
this petition
and incorporated request,
and incorporated request, the
the interrogatories
interrogatories attached hereto as
attached hereto as “Exhibit
"Exhibit A," separately,
A,” separately,
fully,
fi111y, in writing,
in writing, and
and under
under oath,
oath, pursuant
pursuant to Rule
to Rule 197
197 of
of the
the Texas
Texas Rules
Rules ofof Civil
Civil
Procedure, to the undersigned counsel of record for
Procedure, to the undersigned counsel of record for Plaintiff. Plaintiff.
C.
C. Request For Production
Production
Defendant
Defendant is
is hereby
hereby requested
requested to produce,
to produce, within fifiy
within fifty (50)
(50) days
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FILED 7/15/2020 7:52AM FELICIA PITRE 1 CIT/ ESERVE DISTRICT CLERK DALLAS CO., TEXAS Irasema Sutherland DEPUTY NOODC-20-09594 JAYLON HALTON § IN THE DISTRICT COURT Plaintiff, § v. § § § __ 191ST JUDICIAL DISTRICT PENELOPE J. RAMIREZ § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY T0 THE HONORABLE JUDGE OF SAID COURT: NOW COMES JAYLON HALTON (“Plaintiff”), complaining ofand about PENELOPE J. RAMIREZ (“Defendant”), and for cause of action show unto the Court the following: DISCOVERY CONTROL PLAN LEVEL 1. Plaintiff intends that discovery be conducted under Discovery Level 2. Plaintifi‘seeks only monetary damages ofover $ 1 00,000.00 but not more than $200,000.00, including damages, of any kind, penalties, costs, pre-judgment interest and attorney fees. PARTIES AND SERVICE 2. Plaintiff JAYLON HALTON is an individual residing in Dallas, Texas. 3. The last three digits of JAYLON HALTON's social security number are 218. 4. Defendant PENELOPE J. RAMIREZ is an individual who is a resident ofTexas and may be served with process at 3530 BOBTOWN RD, APT 312, GARLAND, TX 75043-2017, or wherever she may be found. Service of said Defendant as described above can be effected by personal delivery. JURISDICTION AND VENUE 5. The subject matter in controversy is within the jurisdictional limits of this court. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCOVERY Page 1 6. 6. This court This court has jurisdiction over has jurisdiction over the the parties parties because because Defendant Defendant is is a a Texas resident. Texas resident. 7. 7. Venue in in Dallas Dallas County County is is proper prdper inin this this cause cause under under Section Section 15.002(a)(1) 15.002(a)(1) of the of the Texas Texas Civil Practice and Civil Practice and Remedies Remedies Code because because all all or or a substantial a_substantial part part of the events ofthe events or or omissions omissions giving rise to giving rise to this this lawsuit lawsuit occurred occurred inin said county. said county. FACTS 8. 8. On or or about about November November 1, 1, 201 2018, in Dallas, 8, in Dallas, Texas, Texas, Plaintiff PlaintiffJAYLON JAYLON HALTON was was traveling west traveling west on Miller on Miller Road in in Garland, Garland, Texas Texas when Defendant Defendant PENELOPE J. J. RAMIREZ failedfailed to to yield yield the the right n'ght of of way causing causing a a collision with Plaintiff. collision with Plaintiff. As aa result result of of Defendant's Defendant’s negligence, negligence, Plaintiff sustained the damages and Plaintiff sustained the injuries of and injuries of which areare herein herein complained. complained. PLAINTIFF'S PLAINTIFF’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT PENELOPE J. J. RAMIREZ 9. 9. Defendant Defendant PENELOPE PENELOPE J.J. RAMIREZ RAMIREZ had had aa duty duty to to exercise exercise the the degree degree of of care that aa care that reasonably careful reasonably person would use careful person to avoid use to avoid harm toto others others under under circumstances circumstances similar to those similar to those described herein. described herein. 10. 10. Plaintiff's injuries Plaintiff’s injuries were were proximately proximately caused caused by by Defendant Defendant PENELOPE PENELOPE J. J. negligent, careless RAMIREZ's negligent, careless and reckless disregard and reckless disregard ofof said said duty. duty. 11. 11. negligent, careless The negligent, careless and reckless disregard and reckless disregard ofof duty duty of of Defendant Defendant PENELOPE J. J. consisted of, RAMIREZ consisted of, but but is is not not limited to, the limited to, the following following acts acts and and omissions: omissions: A. A. Traveling Traveling at aa speed at speed inin excess excess ofof that that which which was was reasonable reasonable andand prudent prudent which endangered endangered life and life and property property inin violation Violation ofof Texas Texas Transportation Transportation Code §545.351 §545.351 and §545.352; and §545.352; B. B. Failing to Failing to maintain maintain such such lookout lookout asas aa person person ofof ordinary ordinary prudence prudence would have maintained have under the maintained under the same or or similar similar circumstances; circumstances; C. C. Driving Driving inattentively; inattentively; PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCOVERY PLAINTIFF’S Page Page 22 D. Failing Failing to to take take proper proper evasive evasive measures measures to t0 avoid avoid the the incident; incident; E. Failing Failing to to yield yield the the right right of of way inin in in obedience obedience to t0 an an official traffic control official traffic control device; device; F. Driving Driving recklessly recklessly inin violation violation of Texas Transportation ofTexas Transportation Code §545.401; §545.401; andand G. Failing Failing to maintain an assured to maintain assured clear clear distance distance between between vehicles vehicles in in violation of violation of Texas Transportation Transportation Code §545.062(a). §545.062(a). DAMAGES FOR PLAINTIFF JAYLON HALTON 12. 12. As aa direct direct and proximate proximate result result of of the the occurrence occurrence made the the basis basis of of this this lawsuit, lawsuit, Plaintiff JAYLON HALTON has Plaintiff has suffered suffered severe severe injuries injun'es and and aa great great shock shock toto his his entire entire system. system. These injuries have had injuries have had aa serious effect on Plaintiff's serious effect Plaintiff s health health and and well-being. well-being. Plaintiff Plaintiff has has suffered suffered traumatic traumatic injuries, injuries, all all of which have ofwhich have caused caused pain, pain, discomfort, discomfort, and loss ofphysical and loss ofphysical capacity. capacity. Some, Some, ifif not not all, all, of of Plaintiffs Plaintiff’s injuries injuries will will continue continue to to be be troublesome troublesome longlong into into the the future. filture. Plaintiff Plaintiff has has incurred the following incurred the damages: following damages: A. A. Reasonable Reasonable medical care medical care and and expenses expenses in in the the past. past. These These expenses expenses were were incurred incurred by Plaintiff, by Plaintiff, JAYLON JAYLON HALTON, HALTON, for the for the necessary necessary care care and and treatment treatment of the injuries ofthe injuries resulting resultingfrom fromthetheaccident accident complained complained of herein and ofherein and such such charges charges are are reasonable reasonable and and were were usual usual and and customary customary charges charges for such for such services services inin Dallas Dallas County, County, Texas; Texas; B. Reasonable Reasonable and necessary and necessary medical medical care care and and expenses expenses which will which will in in all all reasonable probability be reasonable probability be incurred incurred inin the the future; future; C. Physical pain and suffering Physical pain suffering in the past; in the past; D. Physical pain and suffering Physical pain suffering inin the the future; future; E. Physical Physical impairment impairment in in the past; the past; F. Physical Physical impairment impairment which, which, inin all all reasonable reasonable probability, probability, will Will be be suffered in suffered in the the future; future; G. Mental anguish anguish in in the past; the past; PLAINTIFF'S PLAINTIFF’S ORIGINAL ORIGINAL PETITION AND REQUEST FOR DISCOVERY Page Page 33 H. H. Mental Mental anguish anguish in in the the future; future; I. I. Lost wages in Lost in the the past; past; J. J. Lost wages Lost wages inin the the future; filture; and and K. K. Property damage. Property damage. RULE 193.7 193.7 NOTICE 13. 13. Pursuant to Pursuant to Rule 193 193 of of the the Texas Texas Rules Rules ofof Civil Civil Procedure, Procedure, Plaintiffs Plaintiffs hereby give hereby give actual actual notice notice to to Defendants Defendants that that any any and and all all documents documentsand andmaterials materials produced produced in in response response to written to written discovery discovery may may bebe used used as as evidence evidence inin this this case; case; and, and, that thatany any such such materials materials used used as as evidence evidence against against the party producing the party producing thethe document document at at any any pretrial pretrial proceeding proceeding and/or and/or atat the the trial trial ofthis matter ofthis matter without without the necessity the necessity ofof authenticating authenticating the the documents documents and/or and/or materials produced in materials produced in discovery. discovery. IMPORTANT NOTICE TO DEFENDANT YOU MUST DELIVER THIS PETITION (WITH (WITH REQUEST FOR DISCOVERY) IMMEDIATELY TO YOUR INSURANCE COMPANY A. A. Request for for Disclosure Disclosure Defendant Defendant is hereby is hereby requested requested to disclose, to disclose, within within fifty (50) fifiy (50) days days of of service service of of this this petition and petition and incorporated incorporated request, request,the theinformation informationor ormaterial material described described inin Rule Rule 194.2(a)- 194.2(a)- (i) (i) of of the the Texas Texas Rules Rules ofofCivil Civil Procedure, Procedure, to to the the undersigned undersigned counsel counsel of of record record for for Plaintiff. Plaintiff. B. B. Interrogatories Interrogatories Defendant Defendant is is hereby hereby requested requested to to answer, within fifty answer, within fifty (50) (50) days days of of service service this petition this petition and incorporated request, and incorporated request, the the interrogatories interrogatories attached hereto as attached hereto as “Exhibit "Exhibit A," separately, A,” separately, fully, fi111y, in writing, in writing, and and under under oath, oath, pursuant pursuant to Rule to Rule 197 197 of of the the Texas Texas Rules Rules ofof Civil Civil Procedure, to the undersigned counsel of record for Procedure, to the undersigned counsel of record for Plaintiff. Plaintiff. C. C. Request For Production Production Defendant Defendant is is hereby hereby requested requested to produce, to produce, within fifiy within fifty (50) (50) days