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FILED
DALLAS COUNTY
9/3/2019 12:00 AM
FELICIA PITRE
DC-19-13684 DISTRICT CLERK
1 CIT CERT MAIL
CAUSE N0. NO. Danitra Wilkerson
KRISTINE DRUMMOND $
§ IN THE DISTRICT COURT
$
§
vs.
vs. $
§ oF DALLAS
OF DALLAS COUNTY, TEXAS
$
§ 44TH
JULIO CASTILLO $
§ _ JUDICIAL
JUDICIAL DISTRICT
DISTRICT
PLAINTIFF''S
PLAINTIFF’S ORIGINAL
ORIGINAL PETITION AND REOUE_ST REOUEST FOR DISCLOSURE
DISCLOSURE
TO THE HONORABLE COURT:
Plaintiff Kristine
Plaintiff Kristine Drummond files files this, her Original
this, her Original Petition
Petition and Request for Disclosure,
for Disclosure,
complaining
complaining of and
of and against
against Defendant Julio Castillo.
Defendant Julio In
Castillo. In support
support thereof, Plaintiff
thereof, Plaintiff respectfully
respectfully
this Honorable
shows this Honorable Court the
Court following:
the following:
A.
A. DISCOVERY CONTROL PLAN
1.
1. Plaintiff for
intends for
Plaintiff intends discovery to
discovery to be
be conducted pursuant to
pursuant to aa Level
Level 3 discovery
3 discovery
control plan. Tex.
control plan. Tex. R. Civ. P.
R. Civ. P. 190.4.
190.4.
B.
B. PARTIES
2.
2. Plaintiff Kristine
Plaintiff Kristine Drummond, individual,
an individual,
an is aa citizen
is of Texas
citizen of who in
resides in
resides
County, Texas.
Gregg County, Texas. The last
last three digits
three digits of Plaintiff
of Plaintiffs Social
s Social Security
Security number areare 81 1. last
1. The last
digits of
three digits
three Plaintiff
of Plaintiff’s driver's license
s driver’s license are
arc 970.
970.
3.
3. Defendant Julio Castillo
Defendant Julio Castillo is individual
is an individual underthe
business under
who does business the name St.St. Jude
Transport and is
Transport is a resident of Dallas County,
resident ofDallas County, Dallas, Texas. Defendant
Dallas, Julio Castillo
Defendant Julio Castillo served
may be served
with
with citation by
citation by serving
serving at his residence,
at his residence, 94}4Homeplace
9404 Drive, Dallas,
Homeplace Drive, Dallas, Texas 75275217, or wherever
1 7, 0r
Castillo
Castillo found.
may be found.
Plaintiffs Original
Plaintiff’s Original Petition
Petition Requestfor Disclosure
and Requestfor
and Disclosure llPage
1
|
P ag e
C.
C. JURISDICTION
JURISDICTION AND VENUE
4.
4. The
The relief
relief Plaintiff
that Plaintiff
that is within
seeks is
seeks within the Court’s
the Court's subject jurisdiction.
matter jurisdiction.
subject matter
Plaintiff
Plaintiff seeks monetary
monetary relief
relief of over
0f over $1,000,000.00.
$1,000,000.00. Plaintiff seeks
The damages Plaintiff seeks are within the
are within the
jurisdictional limits
jurisdictional limits of the
of the Court.
Court.
5.
5. Venue
Venue is proper
is proper in in Dallas County,
Dallas County, Texas, pursuant to
Texas, pursuant to Texas
Texas Civil
Civil Practice &
Practice
Remedies
Remedies Code
Code $
§ I5.002(a)(2) because
15.002(a)(2) because Defendant Julio
Defendant Julio Castillo, aa natural
Castillo, natural person,
person, resided
resided in
in
Dallas
Dallas County at
County time the
the time
at the the causes 0fof action
action accrued
accrued herein.
herein.
D.
D. AGENCY // RESPONDEAT
RESPONDEAT SUPERIOR
6.
6. Whenever
Whenever it is alleged
it isalleged inin this
this Petition
Petition that
that the Defendant(s)
the Defendant(s) did any act
did any or thing,
act 0r it
thing, it
is meant that
is their agents,
that their agents, servants, employees,
servants, employees, parent
parent ostensible
agents, ostensible
agents, agents, agents
agents, agents by estoppel
by estoppel
representatives did
and/or representatives
and/or did such act
act or thing, and at
or thing, time such act
the time
at the act or thing
or thing was done it it was done
with their
with their authorization
authorization or or was done in in the
the normal
normal routine course
routine course ofof the agency or
the agency or employment
employment of
of
the Defendant(s).
the Defendant(s).
7.
7. Whenever
Whenever it is alleged
it is alleged in this
in this Petition
Petition that Julio Castillo
that Defendant Julio Castillo d/b/a
d/b/a St.
St.Jude
Transport,
Transport, did any
did any act
act or thing,
or thing, it is also
it isalso meant
meant that its agents,
that its agents, servants,
servants, employees, parent
employees, parent agents,
agents,
ostensible
ostensible agents, agents
agents, agents by estoppel
by estoppel and/or
and/or representatives,
representatives, including
ificluding but not
but limited
not limited to
t0 Julio
Julio
Castillo, did
Castillo, did act or
such act thing,
or thing, time such act
the time
at the
and at act 0r thing was done
or thing it was done with
it with St.
St. Jude
Transport's authorization
Transport’s authorization or
or was done in in the normal routine
the normal routine course
course of the
of agency 0r
the agency or employment
employment
of St.
0f Transport.
St. Jude Transport.
E. FACTS
E.
8.
8. Plaintiff, Kristine
Plaintiff, Kristine Drummond, is is an emergency
emergency service
service technician
technician in Gregg County,
in County,
Texas.
Texas. On May 4,2018,
4, 201 8, she was called
called to transport
to transport a seriously
seriously injured individual to
injured individual to a hospital
hospital in
in
Plaintiff's Originat
Plaintiff’s Original Petition
Petition and Requestfor
and Reques;tfor Disclosure
Disclosure 2 | 1"I' aa gg ec
2 |
Dallas,
Dallas, Texas.
Texas. At the
At time this
the time collision occurred,
this collision occurred, Ms. Drummond was the the seat
seat belted passenger
belted passenger
in
in ambulance and
ambulance and was returning
returning home, traveling
traveling in the
in the eastbound inside lane
eastbound inside of State
lane of State Highway
Spur 557. Defendant
557. Defendant Julio
Julio Castillo,
Castillo, an individual
an individual who
Who does business as
business St. Jude
as St. Transport,
Transport, was
operating aa2006
operating Freightliner
2006 Freightliner Tractor
Tractor Trailer
Trailer in the
in the eastbound
eastbound outside lane
outside of State
lane of State Highway Spur
557.
557. The road surface
road surface was wet due to heavy
t0 heavy rain. Defendant
rain. Julio Castillo
Julio Castillo failed
failed to control
t0 control his
his
drove at
speed and drove at a speed that far greater
that was far greater than reasonable
than reasonable prudent
and prudent under
under the conditions.
the conditions.
result, Defendant
As a result, Defendant lost control
lost control and the left side
the left of the
side of Freightliner
the Freightliner struck the
struck right side
the right of the
side of the
ambulance in
ambulance in which
which Plaintiff
Plaintiff was riding.
riding. The force
The of impact
force of impact cause Plaintiff
Plaintiff‘s vehicle
s vehicle to skid
to skid
northeast
northeast across the
across the the westbound lanes
across the
median and across of State Highway Spur 557.
lanes of 557. Plaintiff ss
Plaintiff
vehicle
vehicle came toto a rest in the
rest in the north
north bar ditch facing
bar ditch facing east.
east. Defendant's
Defendant’s vehicle overturned
vehicle on
0n its left
its left
side and
side came toto rest facing
rest facing east. As
east. a result of the
result 0f collision,
the collision, Plaintiff sustained
Plaintiff sustained serious injuries,
serious injuries,
including
including injuries to
injuries to her
her neck and back.
back.
F.
F. NEGLIGENCE
NEGLIGENCE OF DEFENDANT JULIO CASTILLO
9.
9. occurrence made the
The occurrence basis of
the basis of this lawsuit and the
this lawsuit resulting injuries
the resulting injuries to Plaintiff
to Plaintiff
proximately
were proximately caused by Mr. Castillo’s
by Mr. Castillo's negligent
negligent and negligent per
negligerrt per se acts
se acts and/or omissions,
and/or omissions,
including, but
including, but not limited to,
not limited to, one 0r
or more 0fof the following:
the following:
a.
a. Failing to
Failing control his
to control his speed inin Violation
violation of Texas Transportation
of Transportation 545.351(bXl)-(2);
Code §$ 545.351(b)(1)-(2);
b.
b. Failing
Failing to keep
t0 an assured clear distance
clear distance between his his vehicle
vehicle the vehicles
and the vehicles in front
in front of
0f
him, in
him, violation of
in Violation of Texas Transportation
Transportation Code §$ 545.062(a);
Code 5a5.062(a);
c.
c. Failing
Failing to apply
t0 apply his properly
his brakes properly timely as
and timely prudent professional
reasonably prudent
as a reasonably professional truck
truck
driver
driver would have under the the same or similar circumstances;
or similar circumstances;
d.
d. Failing
Failing to lookout as
to keep such lookout prudent professional
reasonably prudent
as a reasonably professional truck driver
truck driver would have
under
under the same or
the or similar
similar circumstances;
circumstances;
e.
e. Failing to
Failing to take
take such evasive action as a reasonably
evasive action reasonably prudent professional
prudent professional truck driver
truck driver would
have done
have done t0 to avoid
avoid the
the collision, thereby
collision, thereby violating
violating Texas
Texas Transportation Code
Transportation Code $
§
Plaintiffs Original
Plaintiffs Original Petition
Petition and Requestfor Disclosure
and Requestfor Disclosare 3lPage
3 |
P a g e
545.401(a);
545.401(a);
f. Taking and/or
Taking and/or attempting
attempting faulty
faulty evasive action;
evasive action;
g.
. Failure to
Failure pay the
to pay the degree 0f of attention
attention t0
to the vehicles in
the vehicles in front
front of
of him as person of
as a person of ordinary
ordinary
prudence
prudence would have used underunder the same or
the similar circumstances;
or similar circumstances; and
h.
. Driving the
Driving tractor-trailer without
the tractor—trailer without regard for the
regard for the safety
safety and welfare 0f
welfare of other persons or
other persons or
property;
property;
i. Driving the
Driving the tractor—trailer
tractor-trailer recklessly
recklessly with willful
with willful or wanton
or disregard for
disregard for the
the safety of
safety of
persons or
persons property in
or property violation of
in Violation of Texas Transportation
Transportation Code $
§ 5a5.401;
545.401;
j. Failing
Failing to drive defensively
to drive defensively as professional
as a professional truck
truck driver using
driver using ordinary prudence
ordinary prudence would
under
have under the same or
the or similar
similar circumstances;
circumstances;
k.. Failing t0
Failing to operate the
operate the tractor-trailer
tractor-trailer in
in accordance with
accordance with the laws,
the laws, ordinances,
ordinances, and
regulations
regulations found in
found in the
the Texas Transportation
Transportation thereby
Code, thereby violating
violating 49 C.F.R.
C.F.R. 392.2;
$ 392.2;
§
l. Failing to
Failing to comply
comply with the
with the Federal Carrier Safety
Federal Motor Carrier Safety Regulations;
Regulations; and
m. Violating
.Violating the Texas
the Transportation Code
Transportation in other
in other respects
respects to be
to be determined
determined constituting
constituting
negligence
negligence per se.
per se.
10.
10. Each and all 0f
all of the
the acts
acts and/or
and/or omissions
omissions of Defendant’s
0f Defendant's employee,
employee, Mr.
Mr. Castillo,
Castillo,
singularly
singularly or in combination
or in combination with others,
with others, constituted
constituted negligence
negligence andlor
and/or negligence
negligence per se,
per se, which
proximately
proximately caused the occurrence
caused the occurrence made the
made the basis of this
Preview
FILED DALLAS COUNTY 9/3/2019 12:00 AM FELICIA PITRE DC-19-13684 DISTRICT CLERK 1 CIT CERT MAIL CAUSE N0. NO. Danitra Wilkerson KRISTINE DRUMMOND $ § IN THE DISTRICT COURT $ § vs. vs. $ § oF DALLAS OF DALLAS COUNTY, TEXAS $ § 44TH JULIO CASTILLO $ § _ JUDICIAL JUDICIAL DISTRICT DISTRICT PLAINTIFF''S PLAINTIFF’S ORIGINAL ORIGINAL PETITION AND REOUE_ST REOUEST FOR DISCLOSURE DISCLOSURE TO THE HONORABLE COURT: Plaintiff Kristine Plaintiff Kristine Drummond files files this, her Original this, her Original Petition Petition and Request for Disclosure, for Disclosure, complaining complaining of and of and against against Defendant Julio Castillo. Defendant Julio In Castillo. In support support thereof, Plaintiff thereof, Plaintiff respectfully respectfully this Honorable shows this Honorable Court the Court following: the following: A. A. DISCOVERY CONTROL PLAN 1. 1. Plaintiff for intends for Plaintiff intends discovery to discovery to be be conducted pursuant to pursuant to aa Level Level 3 discovery 3 discovery control plan. Tex. control plan. Tex. R. Civ. P. R. Civ. P. 190.4. 190.4. B. B. PARTIES 2. 2. Plaintiff Kristine Plaintiff Kristine Drummond, individual, an individual, an is aa citizen is of Texas citizen of who in resides in resides County, Texas. Gregg County, Texas. The last last three digits three digits of Plaintiff of Plaintiffs Social s Social Security Security number areare 81 1. last 1. The last digits of three digits three Plaintiff of Plaintiff’s driver's license s driver’s license are arc 970. 970. 3. 3. Defendant Julio Castillo Defendant Julio Castillo is individual is an individual underthe business under who does business the name St.St. Jude Transport and is Transport is a resident of Dallas County, resident ofDallas County, Dallas, Texas. Defendant Dallas, Julio Castillo Defendant Julio Castillo served may be served with with citation by citation by serving serving at his residence, at his residence, 94}4Homeplace 9404 Drive, Dallas, Homeplace Drive, Dallas, Texas 75275217, or wherever 1 7, 0r Castillo Castillo found. may be found. Plaintiffs Original Plaintiff’s Original Petition Petition Requestfor Disclosure and Requestfor and Disclosure llPage 1 | P ag e C. C. JURISDICTION JURISDICTION AND VENUE 4. 4. The The relief relief Plaintiff that Plaintiff that is within seeks is seeks within the Court’s the Court's subject jurisdiction. matter jurisdiction. subject matter Plaintiff Plaintiff seeks monetary monetary relief relief of over 0f over $1,000,000.00. $1,000,000.00. Plaintiff seeks The damages Plaintiff seeks are within the are within the jurisdictional limits jurisdictional limits of the of the Court. Court. 5. 5. Venue Venue is proper is proper in in Dallas County, Dallas County, Texas, pursuant to Texas, pursuant to Texas Texas Civil Civil Practice & Practice Remedies Remedies Code Code $ § I5.002(a)(2) because 15.002(a)(2) because Defendant Julio Defendant Julio Castillo, aa natural Castillo, natural person, person, resided resided in in Dallas Dallas County at County time the the time at the the causes 0fof action action accrued accrued herein. herein. D. D. AGENCY // RESPONDEAT RESPONDEAT SUPERIOR 6. 6. Whenever Whenever it is alleged it isalleged inin this this Petition Petition that that the Defendant(s) the Defendant(s) did any act did any or thing, act 0r it thing, it is meant that is their agents, that their agents, servants, employees, servants, employees, parent parent ostensible agents, ostensible agents, agents, agents agents, agents by estoppel by estoppel representatives did and/or representatives and/or did such act act or thing, and at or thing, time such act the time at the act or thing or thing was done it it was done with their with their authorization authorization or or was done in in the the normal normal routine course routine course ofof the agency or the agency or employment employment of of the Defendant(s). the Defendant(s). 7. 7. Whenever Whenever it is alleged it is alleged in this in this Petition Petition that Julio Castillo that Defendant Julio Castillo d/b/a d/b/a St. St.Jude Transport, Transport, did any did any act act or thing, or thing, it is also it isalso meant meant that its agents, that its agents, servants, servants, employees, parent employees, parent agents, agents, ostensible ostensible agents, agents agents, agents by estoppel by estoppel and/or and/or representatives, representatives, including ificluding but not but limited not limited to t0 Julio Julio Castillo, did Castillo, did act or such act thing, or thing, time such act the time at the and at act 0r thing was done or thing it was done with it with St. St. Jude Transport's authorization Transport’s authorization or or was done in in the normal routine the normal routine course course of the of agency 0r the agency or employment employment of St. 0f Transport. St. Jude Transport. E. FACTS E. 8. 8. Plaintiff, Kristine Plaintiff, Kristine Drummond, is is an emergency emergency service service technician technician in Gregg County, in County, Texas. Texas. On May 4,2018, 4, 201 8, she was called called to transport to transport a seriously seriously injured individual to injured individual to a hospital hospital in in Plaintiff's Originat Plaintiff’s Original Petition Petition and Requestfor and Reques;tfor Disclosure Disclosure 2 | 1"I' aa gg ec 2 | Dallas, Dallas, Texas. Texas. At the At time this the time collision occurred, this collision occurred, Ms. Drummond was the the seat seat belted passenger belted passenger in in ambulance and ambulance and was returning returning home, traveling traveling in the in the eastbound inside lane eastbound inside of State lane of State Highway Spur 557. Defendant 557. Defendant Julio Julio Castillo, Castillo, an individual an individual who Who does business as business St. Jude as St. Transport, Transport, was operating aa2006 operating Freightliner 2006 Freightliner Tractor Tractor Trailer Trailer in the in the eastbound eastbound outside lane outside of State lane of State Highway Spur 557. 557. The road surface road surface was wet due to heavy t0 heavy rain. Defendant rain. Julio Castillo Julio Castillo failed failed to control t0 control his his drove at speed and drove at a speed that far greater that was far greater than reasonable than reasonable prudent and prudent under under the conditions. the conditions. result, Defendant As a result, Defendant lost control lost control and the left side the left of the side of Freightliner the Freightliner struck the struck right side the right of the side of the ambulance in ambulance in which which Plaintiff Plaintiff was riding. riding. The force The of impact force of impact cause Plaintiff Plaintiff‘s vehicle s vehicle to skid to skid northeast northeast across the across the the westbound lanes across the median and across of State Highway Spur 557. lanes of 557. Plaintiff ss Plaintiff vehicle vehicle came toto a rest in the rest in the north north bar ditch facing bar ditch facing east. east. Defendant's Defendant’s vehicle overturned vehicle on 0n its left its left side and side came toto rest facing rest facing east. As east. a result of the result 0f collision, the collision, Plaintiff sustained Plaintiff sustained serious injuries, serious injuries, including including injuries to injuries to her her neck and back. back. F. F. NEGLIGENCE NEGLIGENCE OF DEFENDANT JULIO CASTILLO 9. 9. occurrence made the The occurrence basis of the basis of this lawsuit and the this lawsuit resulting injuries the resulting injuries to Plaintiff to Plaintiff proximately were proximately caused by Mr. Castillo’s by Mr. Castillo's negligent negligent and negligent per negligerrt per se acts se acts and/or omissions, and/or omissions, including, but including, but not limited to, not limited to, one 0r or more 0fof the following: the following: a. a. Failing to Failing control his to control his speed inin Violation violation of Texas Transportation of Transportation 545.351(bXl)-(2); Code §$ 545.351(b)(1)-(2); b. b. Failing Failing to keep t0 an assured clear distance clear distance between his his vehicle vehicle the vehicles and the vehicles in front in front of 0f him, in him, violation of in Violation of Texas Transportation Transportation Code §$ 545.062(a); Code 5a5.062(a); c. c. Failing Failing to apply t0 apply his properly his brakes properly timely as and timely prudent professional reasonably prudent as a reasonably professional truck truck driver driver would have under the the same or similar circumstances; or similar circumstances; d. d. Failing Failing to lookout as to keep such lookout prudent professional reasonably prudent as a reasonably professional truck driver truck driver would have under under the same or the or similar similar circumstances; circumstances; e. e. Failing to Failing to take take such evasive action as a reasonably evasive action reasonably prudent professional prudent professional truck driver truck driver would have done have done t0 to avoid avoid the the collision, thereby collision, thereby violating violating Texas Texas Transportation Code Transportation Code $ § Plaintiffs Original Plaintiffs Original Petition Petition and Requestfor Disclosure and Requestfor Disclosare 3lPage 3 | P a g e 545.401(a); 545.401(a); f. Taking and/or Taking and/or attempting attempting faulty faulty evasive action; evasive action; g. . Failure to Failure pay the to pay the degree 0f of attention attention t0 to the vehicles in the vehicles in front front of of him as person of as a person of ordinary ordinary prudence prudence would have used underunder the same or the similar circumstances; or similar circumstances; and h. . Driving the Driving tractor-trailer without the tractor—trailer without regard for the regard for the safety safety and welfare 0f welfare of other persons or other persons or property; property; i. Driving the Driving the tractor—trailer tractor-trailer recklessly recklessly with willful with willful or wanton or disregard for disregard for the the safety of safety of persons or persons property in or property violation of in Violation of Texas Transportation Transportation Code $ § 5a5.401; 545.401; j. Failing Failing to drive defensively to drive defensively as professional as a professional truck truck driver using driver using ordinary prudence ordinary prudence would under have under the same or the or similar similar circumstances; circumstances; k.. Failing t0 Failing to operate the operate the tractor-trailer tractor-trailer in in accordance with accordance with the laws, the laws, ordinances, ordinances, and regulations regulations found in found in the the Texas Transportation Transportation thereby Code, thereby violating violating 49 C.F.R. C.F.R. 392.2; $ 392.2; § l. Failing to Failing to comply comply with the with the Federal Carrier Safety Federal Motor Carrier Safety Regulations; Regulations; and m. Violating .Violating the Texas the Transportation Code Transportation in other in other respects respects to be to be determined determined constituting constituting negligence negligence per se. per se. 10. 10. Each and all 0f all of the the acts acts and/or and/or omissions omissions of Defendant’s 0f Defendant's employee, employee, Mr. Mr. Castillo, Castillo, singularly singularly or in combination or in combination with others, with others, constituted constituted negligence negligence andlor and/or negligence negligence per se, per se, which proximately proximately caused the occurrence caused the occurrence made the made the basis of this