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LED
.
District Sierk
D
APR 15 2011
ESTELA ORTEGA, INDIVIDUALLY
CAUSE NO. 2010-11656
§
Time: ee
2 ——
RICT COURT
IN THE Dist RICT COURT OF _—
AND AS NEXT FRIEND OF BRITNEY §
ORTEGA, AND JOSE ORTEGA
VS. HARRIS COUNTY, TEXAS
SSESBEY
WASTE MANAGEMENT, INC., WASTE
ENTERED, J
MANAGEMENT OF TEXAS, INC. D/B/A
WASTE MANAGEMENT HOUSTON VERIFIED.
METRO AND FILIBERTO CARDENAS 80™ JUDICIAL DISTRICT
DEFENDANT WASTE MANAGEMENT OF TEXAS, INC.’S
ORIGINAL THIRD PARTY PETITION AGAINST
ANASTASIOS C. ROTH a/k/a TASI C. ROTH
Waste Management of Texas, Inc. (“Waste Management”), Defendant/Counter-
Plaintiff/Third-Party Plaintiff files its Original Third Party Petition against ANASTASIOS C.
ROTH a/k/a Tasi C. Roth, as follows:
I. Parties
1 The Plaintiffs in this case are Estela Ortega, individually and as next friend of
Britney Ortega, and Jose Ortega.
2 The Defendant/Counter-Plaintiff/Third-Party Plaintiff is Waste Management.
3 Filiberto Cardenas, an employee of Waste Management, is also a Defendant.
4 The Third-Party Defendant is an individual, Anastasios C. Roth a/k/a Tasi C.
Roth (“Roth” or “Third-Party Defendant”). He may be served at 7 Riverway, ##709, Houston,
Texas 77056 or wherever he may be found.
Il. Discovery Control Plan
5 Plaintiffs have already requested that this case be conducted under Level 3 of
Rule 190 of the Texas Rules of Civil Procedure.
III. Background Facts
6. This case arises out of an incident that occurred on March 7, 2008. Plaintiffs
allege that they sustained injuries when a Waste Management truck backed into a car being
driven by Jose Ortega.
7 On March 10, 2008, three days after the incident, Jill Thompson (“Thompson”),
an adjuster for Waste Management’s third-party claims administrator, received a from Third
Party Defendant stating that his firm, the Roth Law Firm, P.C., had been retained by the
Plaintiffs for representation related to all matters arising from the incident, stating specifically
that the firm ‘“ha[d] been assigned a power of attorney in this matter” and that all further
communications should be directed at the Roth Law Firm, and that his clients should not be
contacted directly.
8 On April 1, 2008, Plaintiff Jose Ortega, who held title to the car, signed a property
damage and settlement release for $2,051.95. In addition, Waste Management paid for the cost
of a rental car in the amount of $830.70, which was paid directly to the car rental company on
April 28, 2008.
9. On January 26, 2009, Roth sent settlement demands for all three Plaintiffs.
Thompson responded with a counter-offer, and on March 5, 2009, Roth agreed to reduce his
demands for settlement with Jose and Estela Ortega to a total of $20,000, and said he would get
back to Thompson regarding Britney. He also requested that the check be sent overnight, as his
clients were going out of town. When he was told this was not possible, Roth asked if the checks
could be picked up by a courier service, and was again told this was not possible. The checks
were sent to Roth by regular mail, and on March 9 or 10, 2009 they were deposited in an account
after being endorsed by the Roth Law Firm, Jose Ortega, and Estela Ortega.
10. On May 6, 2009, Thompson called Roth to follow up on Britney’s claim, and got
a message that the phone was not working. She sent an email requesting he contact her to
resolve Britney’s claim, and also requested that he forward executed copies of the releases that
had been sent with the checks. Thompson never had any additional contact with Roth.
11. On March 30, 2010, Waste Management was served with this lawsuit, and learned
that Jose and Estela Ortega were claiming to have never received their share of the funds
forwarded to Roth.
IV. Claim for Fraud Against Third-Party Defendant Roth
12. Roth represented to Waste Management that he had the authority to settle the
claim for Plaintiffs. The representation was material and Waste Management relied on it, as
Waste Management never would have agreed to settle the case and issued checks without such a
representation. As evidenced by this lawsuit, Plaintiffs are claiming that any such representation
was false. If Plaintiffs are correct, and the representation was false, Roth knew that it was false,
or made the representation recklessly, as a positive assertion, and without knowledge that he no
longer had authority to settle the case. Roth made the representation with the intent that Waste
Management would settle with the Plaintiffs. Waste Management justifiably relied on Roth’s
authority to settle the case, as he had also settled the property damage claim. As a result, Waste
Management has suffered damages, both in the amount of the settlement funds Roth never paid
to Waste Management and the cost incurred in defending this lawsuit, when Waste Management
reasonably believed that the claim with Plaintiffs Jose and Estrela Ortega had been settled.
VI. Conclusion and Prayer
WHEREFORE, PREMISES CONSIDERED, Waste Management requests that Third-
Party Defendant Anastasios C. Roth be cited to appear and answer herein, and that upon a final
hearing of the cause, judgment be entered for Waste Management against Third-Party Defendant
Anastasios C. Roth for the actual damages requested hereinabove as appropriate, together with
prejudgment and post judgment interest at the maximum rate allowed by law, attorney’s fees,
costs of court, and such other further relief to which Waste Management may be entitled at law
or in equity.
Respectfully submitted,
HARRISON, BETTIS, STAFF,
McFARLAND & W. S, L.L.P.
B
Clifford L. Harrison
State Bar No. 09113800
B. Lee Wertz, Jr.
State Bar No. 00797796
Carrie Schadle
State Bar No. 24051618
1415 Louisiana, 37" Floor
Houston, Texas 77002
Telephone: (713) 843-7900
Facsimile: (713) 843-7901
ATTORNEYS FOR DEFENDANT
WASTE MANAGEMENT OF TEXAS, INC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument was
served upon Plaintiff pursuant to Texas Rules of Civil Procedure, by and through his counsel of
record, via facsimile, hand delivery, regular U.S. mail and/or certified mail return receipt
requested, on this the ¢ ¢ ay of April, 2011, addressed as follows:
Jeffrey R. Vaughn
O he
Villalobos & Vaughn, PLLC
5804 North 23" Street
McAllen, Texas 78504
Carrie Schadle
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LED . District Sierk D APR 15 2011 ESTELA ORTEGA, INDIVIDUALLY CAUSE NO. 2010-11656 § Time: ee 2 —— RICT COURT IN THE Dist RICT COURT OF _— AND AS NEXT FRIEND OF BRITNEY § ORTEGA, AND JOSE ORTEGA VS. HARRIS COUNTY, TEXAS SSESBEY WASTE MANAGEMENT, INC., WASTE ENTERED, J MANAGEMENT OF TEXAS, INC. D/B/A WASTE MANAGEMENT HOUSTON VERIFIED. METRO AND FILIBERTO CARDENAS 80™ JUDICIAL DISTRICT DEFENDANT WASTE MANAGEMENT OF TEXAS, INC.’S ORIGINAL THIRD PARTY PETITION AGAINST ANASTASIOS C. ROTH a/k/a TASI C. ROTH Waste Management of Texas, Inc. (“Waste Management”), Defendant/Counter- Plaintiff/Third-Party Plaintiff files its Original Third Party Petition against ANASTASIOS C. ROTH a/k/a Tasi C. Roth, as follows: I. Parties 1 The Plaintiffs in this case are Estela Ortega, individually and as next friend of Britney Ortega, and Jose Ortega. 2 The Defendant/Counter-Plaintiff/Third-Party Plaintiff is Waste Management. 3 Filiberto Cardenas, an employee of Waste Management, is also a Defendant. 4 The Third-Party Defendant is an individual, Anastasios C. Roth a/k/a Tasi C. Roth (“Roth” or “Third-Party Defendant”). He may be served at 7 Riverway, ##709, Houston, Texas 77056 or wherever he may be found. Il. Discovery Control Plan 5 Plaintiffs have already requested that this case be conducted under Level 3 of Rule 190 of the Texas Rules of Civil Procedure. III. Background Facts 6. This case arises out of an incident that occurred on March 7, 2008. Plaintiffs allege that they sustained injuries when a Waste Management truck backed into a car being driven by Jose Ortega. 7 On March 10, 2008, three days after the incident, Jill Thompson (“Thompson”), an adjuster for Waste Management’s third-party claims administrator, received a from Third Party Defendant stating that his firm, the Roth Law Firm, P.C., had been retained by the Plaintiffs for representation related to all matters arising from the incident, stating specifically that the firm ‘“ha[d] been assigned a power of attorney in this matter” and that all further communications should be directed at the Roth Law Firm, and that his clients should not be contacted directly. 8 On April 1, 2008, Plaintiff Jose Ortega, who held title to the car, signed a property damage and settlement release for $2,051.95. In addition, Waste Management paid for the cost of a rental car in the amount of $830.70, which was paid directly to the car rental company on April 28, 2008. 9. On January 26, 2009, Roth sent settlement demands for all three Plaintiffs. Thompson responded with a counter-offer, and on March 5, 2009, Roth agreed to reduce his demands for settlement with Jose and Estela Ortega to a total of $20,000, and said he would get back to Thompson regarding Britney. He also requested that the check be sent overnight, as his clients were going out of town. When he was told this was not possible, Roth asked if the checks could be picked up by a courier service, and was again told this was not possible. The checks were sent to Roth by regular mail, and on March 9 or 10, 2009 they were deposited in an account after being endorsed by the Roth Law Firm, Jose Ortega, and Estela Ortega. 10. On May 6, 2009, Thompson called Roth to follow up on Britney’s claim, and got a message that the phone was not working. She sent an email requesting he contact her to resolve Britney’s claim, and also requested that he forward executed copies of the releases that had been sent with the checks. Thompson never had any additional contact with Roth. 11. On March 30, 2010, Waste Management was served with this lawsuit, and learned that Jose and Estela Ortega were claiming to have never received their share of the funds forwarded to Roth. IV. Claim for Fraud Against Third-Party Defendant Roth 12. Roth represented to Waste Management that he had the authority to settle the claim for Plaintiffs. The representation was material and Waste Management relied on it, as Waste Management never would have agreed to settle the case and issued checks without such a representation. As evidenced by this lawsuit, Plaintiffs are claiming that any such representation was false. If Plaintiffs are correct, and the representation was false, Roth knew that it was false, or made the representation recklessly, as a positive assertion, and without knowledge that he no longer had authority to settle the case. Roth made the representation with the intent that Waste Management would settle with the Plaintiffs. Waste Management justifiably relied on Roth’s authority to settle the case, as he had also settled the property damage claim. As a result, Waste Management has suffered damages, both in the amount of the settlement funds Roth never paid to Waste Management and the cost incurred in defending this lawsuit, when Waste Management reasonably believed that the claim with Plaintiffs Jose and Estrela Ortega had been settled. VI. Conclusion and Prayer WHEREFORE, PREMISES CONSIDERED, Waste Management requests that Third- Party Defendant Anastasios C. Roth be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for Waste Management against Third-Party Defendant Anastasios C. Roth for the actual damages requested hereinabove as appropriate, together with prejudgment and post judgment interest at the maximum rate allowed by law, attorney’s fees, costs of court, and such other further relief to which Waste Management may be entitled at law or in equity. Respectfully submitted, HARRISON, BETTIS, STAFF, McFARLAND & W. S, L.L.P. B Clifford L. Harrison State Bar No. 09113800 B. Lee Wertz, Jr. State Bar No. 00797796 Carrie Schadle State Bar No. 24051618 1415 Louisiana, 37" Floor Houston, Texas 77002 Telephone: (713) 843-7900 Facsimile: (713) 843-7901 ATTORNEYS FOR DEFENDANT WASTE MANAGEMENT OF TEXAS, INC CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument was served upon Plaintiff pursuant to Texas Rules of Civil Procedure, by and through his counsel of record, via facsimile, hand delivery, regular U.S. mail and/or certified mail return receipt requested, on this the ¢ ¢ ay of April, 2011, addressed as follows: Jeffrey R. Vaughn O he Villalobos & Vaughn, PLLC 5804 North 23" Street McAllen, Texas 78504 Carrie Schadle