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FILED
DALLAS COUNTY
9/6/2017 6:28 PM
1 CIT/ ATTY FELICIA PITRE
DISTRICT CLERK
Nikiya Harris
DC-17-11588
CAUSE NO. - - - - - -
PATRICIA HUBBARD § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § DALLAS COUNTY, TEXAS
§
LEONARDO LUNA §
§
Defendant. § - - - JUDICIAL DISTRICT
PLAINTIFF'S ORIGINAL PETITION and
REQUEST FOR DISCLOSURE TO DEFENDANT
TO THE HONORABLE DISTRICT COURT JUDGE:
COMES NOW Plaintiff Patricia Hubbard and complains of Defendant Leonardo Luna,
and in support would respectfully show the Court as follows:
LEVEL
1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas
Rules of Civil Procedure.
PARTIES
2. Plaintiff Patricia Hubbard, last three digits of her identification number: 699 and
last three digits of her social security number: 686, is a resident of Dallas, Dallas County, Texas.
3. Defendant Leonardo Luna is, upon information and belief, an individual who may
be served with process at his residence address, 3631 Manana Drive, Dallas, Dallas County,
Texas 75220, or wherever he may be found.
VENUE
4. Pursuant to § 15.002 et seq. of the Texas Civil Practice and Remedies Code, venue
is proper in Dallas County because the incident made the basis of this suit occurred in Dallas,
Dallas County, Texas.
PLAINTIFF'S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT PAGEi
FACTUAL BACKGROUND
5. This lawsuit results from a collision that occurred in Dallas, Dallas County,
Texas. On August 18, 2016, Patricia Hubbard {"Plaintiff') was stopped at the intersection of
Walnut Hill Lane and the US 75 service road in Dallas, Texas. Suddenly and completely without
warning, Leonardo Luna {"Defendant") crashed into the back of Plaintiffs vehicle.
NEGLIGENCE
6. Defendant committed acts of omission and/or commission, which, collectively
and severally, constituted negligence.
7. As a direct and proximate result of Defendant's negligence, Plaintiff sustained
bodily injuries and incurred expenses for the necessary medical care of her injuries, and in
reasonable medical probability will incur future medical expenses. These charges are reasonable
and customary with charges made for such services in the county in which they were rendered.
Plaintiff has also sustained physical pain, mental anguish and physical impairment and in
reasonable medical probability will suffer from physical pain, mental anguish and physical
impairment in the future. Plaintiff has also incurred loss of earnings. The amount of Plaintiffs
damages is within the jurisdictional limits of this Court.
PRAYER
Plaintiff requests that Defendant appear and answer, and that this case be tried before a
Jury after which Plaintiff take a judgment against Defendant for monetary relief over
$100,000.00 but no more $200,000.00, for damages including, but not limited to, the following:
1) actual damages in an amount within the jurisdictional limits of the court,
including:
a. past and future medical expenses;
b. past physical pain and mental anguish;
PLAINTIFF'S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT PAGE2
c. future physical pain and mental anguish
d. past physical impairment;
e. future physical impairment; and
f. loss of earnings.
2) costs of court;
3) prejudgment and post-judgment interest at the highest lawful rate;
4) such other and further relief, both general and special, at law or in equity, to
which Plaintiff may be justly entitled.
NOTICE THAT DOCUMENTS WILL BE USED
Plaintiff, in accordance with Rule 193.7 of the Texas Rules of Civil Procedure, hereby
gives notice to all parties that Plaintiff intends to use at trial, or at any pre-trial proceedings, all
documents produced by Defendant and Plaintiff in response to discovery from any and all parties
in this cause.
REQUEST FOR DISCLOSURE
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiff requests that
Defendant disclose, within fifty (50) days of service of this request, the information and
materials described in Rule 194.2.
METHODS OF SERVICE
Pursuant to Texas Rules of Civil Procedure 21(a)(2), and effective January 1, 2015, any
document served on Plaintiff electronically (through eFile or email) must be served to the proper
address of service@jillherz.com.
PLAINTIFF'S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT PAGE3
Respectfully submitted,
JILL HERZ, ATTORNEY AT LAW, P.C.
By:
900 Jackson Street, Suite 430
Dallas, Texas 75202
Telephone: 214/745-4567 ·
Facsimile: 214/745-1156
Email: service@jillherz.com
ATTORNEYS FOR
PATRICIA HUBBARD
PLAINTIFF' S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT PAGE4
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FILED DALLAS COUNTY 9/6/2017 6:28 PM 1 CIT/ ATTY FELICIA PITRE DISTRICT CLERK Nikiya Harris DC-17-11588 CAUSE NO. - - - - - - PATRICIA HUBBARD § IN THE DISTRICT COURT § Plaintiff, § § v. § DALLAS COUNTY, TEXAS § LEONARDO LUNA § § Defendant. § - - - JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT TO THE HONORABLE DISTRICT COURT JUDGE: COMES NOW Plaintiff Patricia Hubbard and complains of Defendant Leonardo Luna, and in support would respectfully show the Court as follows: LEVEL 1. Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure. PARTIES 2. Plaintiff Patricia Hubbard, last three digits of her identification number: 699 and last three digits of her social security number: 686, is a resident of Dallas, Dallas County, Texas. 3. Defendant Leonardo Luna is, upon information and belief, an individual who may be served with process at his residence address, 3631 Manana Drive, Dallas, Dallas County, Texas 75220, or wherever he may be found. VENUE 4. Pursuant to § 15.002 et seq. of the Texas Civil Practice and Remedies Code, venue is proper in Dallas County because the incident made the basis of this suit occurred in Dallas, Dallas County, Texas. PLAINTIFF'S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT PAGEi FACTUAL BACKGROUND 5. This lawsuit results from a collision that occurred in Dallas, Dallas County, Texas. On August 18, 2016, Patricia Hubbard {"Plaintiff') was stopped at the intersection of Walnut Hill Lane and the US 75 service road in Dallas, Texas. Suddenly and completely without warning, Leonardo Luna {"Defendant") crashed into the back of Plaintiffs vehicle. NEGLIGENCE 6. Defendant committed acts of omission and/or commission, which, collectively and severally, constituted negligence. 7. As a direct and proximate result of Defendant's negligence, Plaintiff sustained bodily injuries and incurred expenses for the necessary medical care of her injuries, and in reasonable medical probability will incur future medical expenses. These charges are reasonable and customary with charges made for such services in the county in which they were rendered. Plaintiff has also sustained physical pain, mental anguish and physical impairment and in reasonable medical probability will suffer from physical pain, mental anguish and physical impairment in the future. Plaintiff has also incurred loss of earnings. The amount of Plaintiffs damages is within the jurisdictional limits of this Court. PRAYER Plaintiff requests that Defendant appear and answer, and that this case be tried before a Jury after which Plaintiff take a judgment against Defendant for monetary relief over $100,000.00 but no more $200,000.00, for damages including, but not limited to, the following: 1) actual damages in an amount within the jurisdictional limits of the court, including: a. past and future medical expenses; b. past physical pain and mental anguish; PLAINTIFF'S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT PAGE2 c. future physical pain and mental anguish d. past physical impairment; e. future physical impairment; and f. loss of earnings. 2) costs of court; 3) prejudgment and post-judgment interest at the highest lawful rate; 4) such other and further relief, both general and special, at law or in equity, to which Plaintiff may be justly entitled. NOTICE THAT DOCUMENTS WILL BE USED Plaintiff, in accordance with Rule 193.7 of the Texas Rules of Civil Procedure, hereby gives notice to all parties that Plaintiff intends to use at trial, or at any pre-trial proceedings, all documents produced by Defendant and Plaintiff in response to discovery from any and all parties in this cause. REQUEST FOR DISCLOSURE Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiff requests that Defendant disclose, within fifty (50) days of service of this request, the information and materials described in Rule 194.2. METHODS OF SERVICE Pursuant to Texas Rules of Civil Procedure 21(a)(2), and effective January 1, 2015, any document served on Plaintiff electronically (through eFile or email) must be served to the proper address of service@jillherz.com. PLAINTIFF'S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT PAGE3 Respectfully submitted, JILL HERZ, ATTORNEY AT LAW, P.C. By: 900 Jackson Street, Suite 430 Dallas, Texas 75202 Telephone: 214/745-4567 · Facsimile: 214/745-1156 Email: service@jillherz.com ATTORNEYS FOR PATRICIA HUBBARD PLAINTIFF' S ORIGINAL PETITION and REQUEST FOR DISCLOSURE TO DEFENDANT PAGE4