Preview
5
Pb
ASSESSED
arenes 208]
VERMED %
2008-45068 oe
EE oe
“n
< t
£
LDO5. =
KURT JARDINE IN THE DISTRICT Sursor®
SEO, aN,
a
VS: HARRIS COUNTY, EMER, @Z,
DONNIE J. KEMPER and
MOODY INTERNATIONAL, INC. 164 seo. DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT
Plaintiff KURT JARDINE complains jointly and severally of Defendants DONNIE J
KEMPER and MOODY INTERNATIONAL, INC., and for cause of action would respectfully
show this Honorable Court the following
DISCOVERY CONT P N
1 Discovery is intended to be conducted under Level 2 of Rule 190 of the
Texas Rules of Civil Procedure.
PARTIES
21 Plaintiff KURT JARDINE is a resident of Missouri City, Fort Bend County,
Texas
2.2 Defendant DONNIE J. KEMPER is a resident of Spring, Harris County,
Texas, and may be served with citation and a copy of Plaintiff's Original Petition personally
at his residence: 30607 Hackinson Dr., Spring TX 77386
2.3 Defendant MOODY INTERNATIONAL, INC. is a Delaware corporation with
its principal place of business located in Texas. This cause of action arose from, or is
connected with, purposeful acts committed by Defendant in Texas. Defendant may be
served with citation and a copy of Plaintiff's Original Petition by serving its agent for service
of process: Rennie Van Wyk; 24900 Pitkin Rd., Suite 200, The Woodlands TX 77386
VENUE
3, Venue is proper in Harris County, Texas pursuant to Texas Civil Practice and
Remedy Code § 15.002(a)(2) because the individual Defendant resides in Harris County,
Texas.
BASI FACT!
4 On or about September 24, 2006, Plaintiff KURT JARDINE was a passenger
on Delta Airlines flight 1647, traveling from Houston, Texas to Salt Lake City, Utah.
Plaintiff JARDINE was asleep in his seat when Defendant DONNIE J. KEMPER, an
employee in the course and scope of his employment with Defendant MOODY
INTERNATIONAL, INC., dropped a piece of luggage on Plaintiff, seriously injuring his right
shoulder and other parts of his body.
CAUSE
OF ACTION
5.1 Defendant DONNIE J. KEMPER, while in the course and scope of his
employment with Defendant MOODY INTERNATIONAL, INC., was negligent and his
negligence proximately caused the incident made the basis of this lawsuit and Plaintiff's
injuries and damages.
5.2 Defendant MOODY INTERNATIONAL, INC. is vicariously liable under the
doctrine of respondeat superior for the negligence of its employee, DONNIE J. KEMPER.
DAMAGES
6.1 Plaintiff KURT JARDINE has incurred substantial damages as a result or the
incident described above. There are certain elements or damage, provided by law, that he
is entitled to have considered separately to determine the sum of money that will fairly and
reasonably compensate him for the injuries, damages, and losses he has, and will, incur.
-2-
From September 24, 2006 until the time of trial-of this cause, those elements of damage
which should be considered separately and individually for the purpose of determining the
sum of money that will fairly and reasonably compensate KURT JARDINE are:
a, The physical pain that he has suffered;
b The mental anguish that he has suffered;
Cc. The amount of reasonable medical expenses necessarily incurred in the
treatment of his injuries; and
d The damages resulting from the physical impairment he has suffered.
Plaintiff KURT JARDINE would show that in reasonable probability his injuries and
damages will continue into the future. Plaintiff's future losses, from the date of trial and
beyond, include:
e The physical pain that he will suffer in the future;
f. The mental anguish he will suffer in the future;
The reasonable value of the medical expenses that will necessarily be
incurred in the treatment of his injuries after trial; and
The damages resulting from the physical impairment that he will continue to
suffer in the future.
Defendants’ negligence was a proximate cause of Plaintiff's injuries and damages.
Plaintiff seeks damages in an amount within this Honorable court's jurisdictional limits.
6.2 If Plaintiff KURT JARDINE had a pre-existing condition, such condition was
aggravated by the incident made the basis of this lawsuit.
PRAYER
WHEREFORE, Plaintiff prays that Defendants RONNIE J. KEMPER and MOODY
INTERNATIONAL, INC. be cited in the form and manner prescribed by law, requiring that
Defendants appear and answer. Upon final hearing, Plaintiff prays for judgment jointly and
3+
severally against Defendants in an amount within the jurisdictional limits of this Honorable
Court, together with pre-judgment interest, post-judgment interest from the date of entry
of judgment, all costs of court and all other relief to which Plaintiff may be justly entitled.
Respectfully submitted,
?
R B SCHECHTER, P.C.
det
ichard Schechter
SBOT No. 17735500
11 Greenway Plaza, Suite 2010
Houston TX 77046-1171
713-623-8919
713-622-1680/Fax
ATTORNEY FOR PLAINTIFF
LAW OFFICE OF B. VIC SHAPIRO
BY 2 Ve Sh ly? *
B. Vic Shapiro
SBOT No. 18109360
5718 Westheimer, Suite 940
Houston TX 77056
713-780-3230
713-780-4884/Fax
CO-COUNSEL FOR PLAINTIFF
* signed by permission
4.
LAw OFFICE OF
RICHARD SCHECHTER, P.C. | www.rs-law.com
Le
*
Telep! hi 71 9823.8919 By
11 Greenway Plaza, Suite 2010
Houston, Texas 77046-1171 Facsi ind 7135622.1680 BD)
TollE36 800 at 5612 y
Richard Schechter * z:aon
O-
tichard@rs-law.com
cole
July 24, 2008 WANS
ane
eer “>
Tat
vt wes 4
Theresa Chang Bee
Oe,
District Clerk Harris County
201 Caroline, 1° Floor
Houston TX 77002 9008-45058
Re: Cause No. ; Kurt Jardine v. Donnie J. Kemper
and Moody International, Inc.; In the Judicial District Court,
Harris County, Texas
Dear District Clerk:
Please file stamp and process the following documents in the above referenced
matter:
1 Firm Check totaling $228.00 for filing fees as follows:
Civil Filing Fee $212.00
Citations (2) $ 16.00
2 Civil Information Sheet;
3. Civil Process Request; and
4 Plaintiffs Original Petition (original + 4 copies).
Please acknowledge receipt by placing your file stamp in the margin of the enclosed
extra copy of this letter and returning it to me for my files in the self-addressed, postage paid
envelope provided herein.
Thank you for your kind cooperation and attention to this matter.
Very truly yours,
ECHTER, P.C.
‘Richard echter
RS/ay
Enclosures
cc: B. Vic Shapiro BY FAX # 713-780-4884
Law Office of B. Vic Shapiro Co-counsel for Plaintiff
* Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization
Board Certified Civil Trial Advocate by the National Board of Trial Advocacy
oS"
41 OF COUNTY AUDITOR'S FORM/9999A OFFICIAL RECEIPT 1 NO 229926
iS,
eo HARRIS COUNTY, TEXAS (REV.10/99)
THERESA CHANG DISTRICT CLERK
ay ACTION: PERSONALY INJURY - NON-AU CASE ¢-200845058 TRANS NO: 8191210 couRT: 164
FFF STYLE PLT: JARDINE, KURT
DEF: KEMPER, DONNIE J
FEE DESCRIPTION QTy AMOUNT PAYMENT 1 CHECK 26597 228.00
toy FILING NEW CASE 50.00 PAYMENT 2
121 CITATLON WITH 3L COPY 16.00 wenn
195 SECURITY SERVICE FEB 5.00 AMOUNT TBNDERED 228.00
198 DC RECORDS PRESERVAT 5.00 TOTAL AMOUNT: 228.00
199 RECORD PRESERVATION 5.00 AMOUNT APPLIED; 228.00
450 JUDICIAL SILING FEB- 50.00
452 LEGAL SRVC FER CIVIL 10.00 CHANGE: 00
453 SUPPORT OF JUDICIARY 42.00
41s LAW LIBRARY 15.00 RECEIVED SCHECHTER, RICHARD M. (17735500)
525 STENO FES 15.00 oF 11 GRNWY PLZ 2010
601 DISPUTE RESOLUTION F 10-00 HOUSTON, TX 77046-1171
775 APPELLATE JUDICIAL F 5.00 TWO HUNDRED TWENTY-EIGHT DOLLARS AND 0/100«#* fete eevereeneeenesene® DOLLARS
PAYMENT DATE: 07/25/2008 FILE DATE: 07/25/2008
fc
~
: ASSESSED BY: STANFIELD, BRIDGETTE
VALIDATED 07/31/2008 BY: BRANTLEY, FURSHILLA
FILE COPY
Preview
5 Pb ASSESSED arenes 208] VERMED % 2008-45068 oe EE oe “n < t £ LDO5. = KURT JARDINE IN THE DISTRICT Sursor® SEO, aN, a VS: HARRIS COUNTY, EMER, @Z, DONNIE J. KEMPER and MOODY INTERNATIONAL, INC. 164 seo. DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT Plaintiff KURT JARDINE complains jointly and severally of Defendants DONNIE J KEMPER and MOODY INTERNATIONAL, INC., and for cause of action would respectfully show this Honorable Court the following DISCOVERY CONT P N 1 Discovery is intended to be conducted under Level 2 of Rule 190 of the Texas Rules of Civil Procedure. PARTIES 21 Plaintiff KURT JARDINE is a resident of Missouri City, Fort Bend County, Texas 2.2 Defendant DONNIE J. KEMPER is a resident of Spring, Harris County, Texas, and may be served with citation and a copy of Plaintiff's Original Petition personally at his residence: 30607 Hackinson Dr., Spring TX 77386 2.3 Defendant MOODY INTERNATIONAL, INC. is a Delaware corporation with its principal place of business located in Texas. This cause of action arose from, or is connected with, purposeful acts committed by Defendant in Texas. Defendant may be served with citation and a copy of Plaintiff's Original Petition by serving its agent for service of process: Rennie Van Wyk; 24900 Pitkin Rd., Suite 200, The Woodlands TX 77386 VENUE 3, Venue is proper in Harris County, Texas pursuant to Texas Civil Practice and Remedy Code § 15.002(a)(2) because the individual Defendant resides in Harris County, Texas. BASI FACT! 4 On or about September 24, 2006, Plaintiff KURT JARDINE was a passenger on Delta Airlines flight 1647, traveling from Houston, Texas to Salt Lake City, Utah. Plaintiff JARDINE was asleep in his seat when Defendant DONNIE J. KEMPER, an employee in the course and scope of his employment with Defendant MOODY INTERNATIONAL, INC., dropped a piece of luggage on Plaintiff, seriously injuring his right shoulder and other parts of his body. CAUSE OF ACTION 5.1 Defendant DONNIE J. KEMPER, while in the course and scope of his employment with Defendant MOODY INTERNATIONAL, INC., was negligent and his negligence proximately caused the incident made the basis of this lawsuit and Plaintiff's injuries and damages. 5.2 Defendant MOODY INTERNATIONAL, INC. is vicariously liable under the doctrine of respondeat superior for the negligence of its employee, DONNIE J. KEMPER. DAMAGES 6.1 Plaintiff KURT JARDINE has incurred substantial damages as a result or the incident described above. There are certain elements or damage, provided by law, that he is entitled to have considered separately to determine the sum of money that will fairly and reasonably compensate him for the injuries, damages, and losses he has, and will, incur. -2- From September 24, 2006 until the time of trial-of this cause, those elements of damage which should be considered separately and individually for the purpose of determining the sum of money that will fairly and reasonably compensate KURT JARDINE are: a, The physical pain that he has suffered; b The mental anguish that he has suffered; Cc. The amount of reasonable medical expenses necessarily incurred in the treatment of his injuries; and d The damages resulting from the physical impairment he has suffered. Plaintiff KURT JARDINE would show that in reasonable probability his injuries and damages will continue into the future. Plaintiff's future losses, from the date of trial and beyond, include: e The physical pain that he will suffer in the future; f. The mental anguish he will suffer in the future; The reasonable value of the medical expenses that will necessarily be incurred in the treatment of his injuries after trial; and The damages resulting from the physical impairment that he will continue to suffer in the future. Defendants’ negligence was a proximate cause of Plaintiff's injuries and damages. Plaintiff seeks damages in an amount within this Honorable court's jurisdictional limits. 6.2 If Plaintiff KURT JARDINE had a pre-existing condition, such condition was aggravated by the incident made the basis of this lawsuit. PRAYER WHEREFORE, Plaintiff prays that Defendants RONNIE J. KEMPER and MOODY INTERNATIONAL, INC. be cited in the form and manner prescribed by law, requiring that Defendants appear and answer. Upon final hearing, Plaintiff prays for judgment jointly and 3+ severally against Defendants in an amount within the jurisdictional limits of this Honorable Court, together with pre-judgment interest, post-judgment interest from the date of entry of judgment, all costs of court and all other relief to which Plaintiff may be justly entitled. Respectfully submitted, ? R B SCHECHTER, P.C. det ichard Schechter SBOT No. 17735500 11 Greenway Plaza, Suite 2010 Houston TX 77046-1171 713-623-8919 713-622-1680/Fax ATTORNEY FOR PLAINTIFF LAW OFFICE OF B. VIC SHAPIRO BY 2 Ve Sh ly? * B. Vic Shapiro SBOT No. 18109360 5718 Westheimer, Suite 940 Houston TX 77056 713-780-3230 713-780-4884/Fax CO-COUNSEL FOR PLAINTIFF * signed by permission 4. LAw OFFICE OF RICHARD SCHECHTER, P.C. | www.rs-law.com Le * Telep! hi 71 9823.8919 By 11 Greenway Plaza, Suite 2010 Houston, Texas 77046-1171 Facsi ind 7135622.1680 BD) TollE36 800 at 5612 y Richard Schechter * z:aon O- tichard@rs-law.com cole July 24, 2008 WANS ane eer “> Tat vt wes 4 Theresa Chang Bee Oe, District Clerk Harris County 201 Caroline, 1° Floor Houston TX 77002 9008-45058 Re: Cause No. ; Kurt Jardine v. Donnie J. Kemper and Moody International, Inc.; In the Judicial District Court, Harris County, Texas Dear District Clerk: Please file stamp and process the following documents in the above referenced matter: 1 Firm Check totaling $228.00 for filing fees as follows: Civil Filing Fee $212.00 Citations (2) $ 16.00 2 Civil Information Sheet; 3. Civil Process Request; and 4 Plaintiffs Original Petition (original + 4 copies). Please acknowledge receipt by placing your file stamp in the margin of the enclosed extra copy of this letter and returning it to me for my files in the self-addressed, postage paid envelope provided herein. Thank you for your kind cooperation and attention to this matter. Very truly yours, ECHTER, P.C. ‘Richard echter RS/ay Enclosures cc: B. Vic Shapiro BY FAX # 713-780-4884 Law Office of B. Vic Shapiro Co-counsel for Plaintiff * Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization Board Certified Civil Trial Advocate by the National Board of Trial Advocacy oS" 41 OF COUNTY AUDITOR'S FORM/9999A OFFICIAL RECEIPT 1 NO 229926 iS, eo HARRIS COUNTY, TEXAS (REV.10/99) THERESA CHANG DISTRICT CLERK ay ACTION: PERSONALY INJURY - NON-AU CASE ¢-200845058 TRANS NO: 8191210 couRT: 164 FFF STYLE PLT: JARDINE, KURT DEF: KEMPER, DONNIE J FEE DESCRIPTION QTy AMOUNT PAYMENT 1 CHECK 26597 228.00 toy FILING NEW CASE 50.00 PAYMENT 2 121 CITATLON WITH 3L COPY 16.00 wenn 195 SECURITY SERVICE FEB 5.00 AMOUNT TBNDERED 228.00 198 DC RECORDS PRESERVAT 5.00 TOTAL AMOUNT: 228.00 199 RECORD PRESERVATION 5.00 AMOUNT APPLIED; 228.00 450 JUDICIAL SILING FEB- 50.00 452 LEGAL SRVC FER CIVIL 10.00 CHANGE: 00 453 SUPPORT OF JUDICIARY 42.00 41s LAW LIBRARY 15.00 RECEIVED SCHECHTER, RICHARD M. (17735500) 525 STENO FES 15.00 oF 11 GRNWY PLZ 2010 601 DISPUTE RESOLUTION F 10-00 HOUSTON, TX 77046-1171 775 APPELLATE JUDICIAL F 5.00 TWO HUNDRED TWENTY-EIGHT DOLLARS AND 0/100«#* fete eevereeneeenesene® DOLLARS PAYMENT DATE: 07/25/2008 FILE DATE: 07/25/2008 fc ~ : ASSESSED BY: STANFIELD, BRIDGETTE VALIDATED 07/31/2008 BY: BRANTLEY, FURSHILLA FILE COPY