Preview
Electronically Filed
2/28/2020 5:41 PM
Hidalgo County District Clerks
Reviewed By: Jose Hernandez
CAUSE NO. C-4445-17-G
ALICIA PERALES § IN THE DISTRICT COURT
AS REPRESENTATIVE OF THE §
ESTATE OF MARIO A. PERALES, §
AND AS NEXT OF FRIEND OF §
S. M. PERALES AND
M. PERALES, JR., MINOR CHILDREN §
§
V. § 370™ JUDICIAL DISTRICT
DANIEL LEE SIEGER, INDIVIDUALLY §
AND AS AGENT/EMPLOYEE §
OF PEOPLEREADY, INC., §
PEOPLEREADY, INC., §
TEXAS SAI, INC., DBNK
CONTRACTING, LLC d/b/a BLUE §
TEAM RESTORATION, LLC,
WEST TEXAS ROCK RESOURCES,
LLC d/b/a WEST TEXAS RUMBLE
STRIP, DUSTROL, INC.,
HIGHWAY BARRICADES AND
SERVICES, LLC and TRUEBLUE
ENTERPRISES, INC. HIDALGO COUNTY, TEXAS
PLAINTIFFS’ SEVENTH AMENDED ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, ALICIA PERALES, as Representative of the Estate of Mario
Alberto Perales, and as Next Friend of S. M. Perales and M. Perales, Jr., Minor
Children, herein referred to as the Plaintiffs complaining of:
Daniel Lee Sieger, Individually and as an Agent/Employee of Defendant
PeopleReady, Inc., herein “Defendant Sieger’, Texas SAI, Inc. herein “Defendant
Contractor’, West Texas Rock Resources, LLC d/b/a West Texas Rumble Strip
herein “Defendant West Texas Rock”, Highway Barricades and Services, LLC herein
“Defendant Highway Barricades”, Dustrol, Inc. herein “Defendant Dustrol” DBNK
Contracting LLC d/b/a Blue Team Restoration, LLC herein “Defendant Blue Team’,
PeopleReady, Inc. herein “Defendant Employer’, Defendants “PeopleReady, Inc. and
Blue Team herein jointly referred to as “Defendant Employers’, and True Blue
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Jose Hernandez
Enterprises, Inc. Individually and as an agent for its subsidiaries and affiliates
PeopleReady, Inc., herein “Defendant True Blue”, and will show unto the court as
follows, to wit:
I
VENUE AND SERVICE
The Plaintiffs at all relevant times have been residents of Hidalgo County, Texas.
The Defendant/Cross Plaintiff Daniel Lee Sieger has already appeared and will
be served with a copy via his attorneys of record as follows: Ana Lisa Figueroa, Law
Office of Analisa Figueroa, PLLC, 514 Paredes Avenue, Suite H, Brownsville, Texas
78521; and Stephen A. Gibson, Law Office of Stephen A. Gibson, 946 West Nolana
Loop, Suite D, Pharr, Texas 78577.
The Defendant PeopleReady, Inc. has already appeared and will be served with
a copy via its attorney of record as follows: Michael S. Beckelman, Wilson, Elser,
Moskowitz, Edelman & Dicker LLP, 909 Fannin Street, Suite 3300, Houston, Texas
77010.
The Defendant, Texas SAI, Inc. has already appeared and will be served with a
copy via its attorney of record as follows: Javier Gonzalez, Royston, Rayzor, Vickery &
Williams, LLP, 55 Cove Circle, Brownsville, Texas 78523.
The Defendant DBNK Contracting LLC d/b/a Blue Team Restoration, LLC has
already appeared and will be served with a copy via its attorney of record as follows:
Mike Mills, Atlas, Hall & Rodriguez, 818 Pecan Blvd., McAllen, Texas 78501.
The Defendant West Texas Rock Resources, LLC d/b/a West Texas Rumble
Strip has already appeared and will be served with a copy via its attorney of record as
follows: John Griffith, Griffith Law Group, 4228 North McColl, McAllen, Texas 78504.
The Defendant Highway Barricades and Services, LLC, has already appeared
and will be served with a copy via its attorney of record as follows: Maria Cantu Hexsel,
Gregg R. Brown, Germer Beaman and Brown, PLLC, 301 Congress Avenue, Suite
1700, Austin, Texas 78701.
The Defendant Dustrol, Inc. has already appeared and will be served with a
copy via its attorney of record as follows: Maria Korzendorfer, Gregg R. Brown, Germer
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Electronically Filed
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Hidalgo County District Clerks
Reviewed By: Jose Hernandez
Beaman and Brown, PLLC, 301 Congress Avenue, Suite 1700, Austin, Texas 78701.
The Defendant True Blue Enterprises, Inc. is a Foreign Corporation not
registered to do business in the State of Texas. The Defendant was served by serving
the Texas Secretary of State on January 7, 2019 and has failed to answer.
Il.
BACKGROUND
On or about August 29, 2017, the Defendant Daniel Sieger was operating a
Dodge Ram pickup in the course and scope of his employment with Defendants
PeopleReady, Inc., DBNK Contracting LLC d/b/a Blue Team Restoration, LLC and True
Blue Enterprises, Inc. The Decedent Mario Alberto Perales and Defendant Sieger were
returning from Victoria, Texas after having worked approximately three consecutive 12
hour day shifts commencing on Sunday August 27, 2017, Monday August 28, 2017 and
Tuesday August 29, 2017 in the aftermath of Hurricane Harvey.
Defendant Sieger and the Decedent would leave the Valley at approximately
5:00 a.m. to arrive in Victoria, Texas by 9:00 a.m. The Defendant Sieger and Decedent
worked the said shift. The work involved clean-up of the aftermath of Hurricane Harvey.
Defendant Sieger and Decedent would leave Victoria at 7:30 p.m. and usually arrived in
the Valley at 11:00 p.m. The Decedent and Defendant Sieger were not provided
sleeping accommodations during the 3 days of work in Victoria. Defendant Sieger was
sleeping approximately 4 hours a night in the 3 days leading to the crash.
As Defendant Sieger was operating his Dodge Ram, as a result of sleep
deprivation, and following a pickup too closely which was brake checking, he veered off
the roadway (U.S. 281) lost control of his vehicle and rolled over several times ejecting
the Decedent from his vehicle. Defendant Texas SAI, Inc. or its assignees failed to
place traffic control signage or any other device warning the traffic public of the uneven
travel lanes which were in the process of being resurfaced a proximate cause of the
crash. Defendant Sieger lost control of his vehicle as his pickup went over an uneven
section of the roadway. The Decedent was pronounced dead at the scene of the
accident.
Electronically Filed
2/28/2020 5:41 PM
Hidalgo County District Clerks
Reviewed By: J ose Hernandez
That accident occurred on a stretch of U.S. Highway 281 at the 744 mile marker,
the subject of Texas SAI, Inc.’s Project #91515-305, TXDOT Project NH 1502(262)
which extended several miles south of Brooks/ Hidalgo County line and North of San
Manuel, Hidalgo County, Texas or otherwise “the project”.
Defendant PeopleReady, Inc. is a subsidiary or affiliate of Defendant True Blue
Enterprises, Inc. Defendants True Blue Enterprises, Inc. and PeopleReady and its
subsidiary are suppliers of Staff employees. Defendant True Blue Enterprises, Inc. and
PeopleReady, Inc. entered into an agreement with DBNK Contracting LLC d/b/a Blue
Team Restoration, LLC to supply “Temporary Associates” who were to work under the
supervision of Defendant DBNK Contracting LLC d/b/a Blue Team Restoration, LLC.
See attached agreement marked as Exhibit A.
Defendant DBNK Contracting LLC d/b/a Blue Team Restoration, LLC agreed to
supervise its Temporary Associates assigned to them by Defendant PeopleReady.
Defendant Daniel Sieger and decedent were “Temporary Associates” assigned to
Defendant Blue Team. Defendant Blue Team agreed to conduct safety meetings, post
warning signs, provide time cards to Temporary Associates, comply with applicable
federal state and local laws including breaks, meal regulation and agreed not to allow
Temporary Associates to engage in unstable practices and further manage construction
schedules.
Defendant Blue Team agreed to insure and defend the Defendant Employers
relating to vehicles owned or controlled by Defendant Blue Team and PeopleReady
including non-owned and hired vehicles. Defendant Blue Team agreed to indemnify,
defend True Blue Enterprises, Inc., and PeopleReady’s employees and its Temporary
Associates including any claims related to bodily injury asserted by the general public
arising out of any act or omission by Temporary Associates in the operation or use of
any vehicle.
Defendant Texas SAI, Inc. the general contractor on the project was responsible
for the condition of the premises (roadway), and the overall supervision and
management of the project, which included supplying and maintaining all necessary
traffic control devices to protect the traveling public from the hazard created by the
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Hidalgo County District Clerks
Reviewed By: J ose Hernandez
project as provided in the Traffic Control Plan. Defendant contractor hired
subcontractors Defendant West Texas Rock, Defendant Highway Barricades and
Defendant Dustrol to supply various traffic control devices, including alerting the
traveling public to the hazards created by the work being done throughout the project
principally the resurfacing of the U.S. 281.
The contractor Texas SAI, Inc. or its assignees (sub-contractors) contracted to
remove the existing asphalt surface and resurfaced the asphalt North and South
roadways of project; and performed striping services and installed pavement markers or
traffic buttons for safely guiding the traffic through the hazard created by the work being
done throughout the project.
Defendant David Sieger encountered the dangerous conditions on the roadway at
approximately 10:30 pm on the night of August 29, 2017. As Defendant Sieger
approached the uneven surfaced roadway, the lane suddenly without warning; lack of
signage; striping or traffic button was reduced in height. As Defendant Sieger’s vehicle
went over the uneven section of the roadway, he lost control of his vehicle and it
(vehicle) flipped over several times ejecting Plaintiff causing severe, serious, fatal
injuries, conscious pain and suffering before his ultimate death. The variation in height
of the roadway was a dangerous condition. The condition was created by Defendant
Contractor Texas SAI, Inc. or its subcontractors Defendant West Texas Rock, Defendant
Highway Barricades and/or Defendant Dustrol.
There was insufficient traffic control signage warning the traveling public of the
changes in elevation in the roadway. Defendant Contractor, Texas SAI, Inc. supervised
and/or managed its subcontractors and failed to fix the defective condition of the
roadway. The Defendant Contractor, Texas SAI, Inc. and/or its subcontractors failure to
warn of the condition of the roadway a proximate cause of the wrongful death of Mario
Alberto Perales.
Texas SAI, Inc. as the general contractor was in control of the management
and/or supervision of the project and the premises and either through negligence or
omission allowed an unreasonable dangerous condition to exist. Defendant Contractor
Texas SAI, Inc. or its assignees/subcontractors had actual and/or constructive
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Hidalgo County District Clerks
Reviewed By: Jose Hernandez
knowledge of it created unreasonably risk of harm. Defendant Contractor Texas SAI,
Inc. or its assignees/subcontractors failure to reduce, eliminate or warn was a
proximate/or producing cause of the death of Mario Alberto Perales and the damages
suffered by the Decedent's wife and children.
I.
CAUSES OF ACTION
The Plaintiffs will show that the Defendants committed the following acts and/or
omissions, which constitute negligence or gross negligence proximately causing the
wrongful death of Mario Alberto Perales, to wit:
1) Failure to keep a proper look out (Defendant Sieger);
2) Failure to control speed (Defendant Sieger);
3) Driving at an excessive speed (Defendant Sieger);
4) Following too closely (Defendant Sieger) Texas Transportation Code 545.06
negligence per se;
5) Sleep deprivation (Defendant Sieger and Defendant Employers);
6) Inattentiveness (Defendant Sieger);
7) Failure to provide sleeping accommodations near the jobsite (Defendant
Employers);
8) Respondeat superior (Defendant Employers);
9) Failure to warn of uneven road surface (Defendant Contractor and/or Defendant
Subcontractors);
10)Failure to resurface the roadway (Defendant Contractor and/or Defendant
Subcontractors);
11) Creating a dangerous condition (Defendant Contractor and/or Subcontractors);
12)Breached their agreement to indemnify Defendants Sieger and PeopleReady
(Defendant Blue Team);
13)Breach of Merchantability (Defendant Contractor and/or Subcontractors).
Electronically Filed
2/28/2020 5:41 PM
Hidalgo County District Clerks
Reviewed By: Jose Hernandez
IV.
DAMAGES
The decedent Mario Perales and Plaintiff Alicia Perales entered into a common
law marriage in 2005 and ceremoniously married on January 24, 2012. Of said union,
two children were born: Simon Perales born on February 3, 2006 and Mario Perales,
Jr., born on February 26, 2017.
Plaintiff brings this action on behalf of herself and on behalf of all beneficiaries
under the Texas Wrongful Death Statute and will show that the negligence or gross
negligence of Defendants proximately caused the Plaintiffs the following damages, to
wit:
1) Funeral Expenses;
2) Past and Future Loss of Wages, Income and Financial Support;
3) Conscious Physical Pain and Suffering (suffered by Decedent Mario Perales)
4) Past and Future Mental anguish;
5) Past and Future Loss of Consortium and Support; and
6) Past and Future Loss of Parental Consortium and Support.
7) Past and Future Loss of Inheritance.
WHEREFORE PREMISES CONSIDERED, the Plaintiffs pray that the
Defendants be cited to appear and answer this Petition. That upon trial of this case,
that Plaintiffs receive a Judgment in excess of the minimum jurisdiction of this court.
Plaintiffs further request past and future interest at the prevailing judgment rate
on any actual or exemplary damages awarded. The Plaintiffs further request any
general and/or special relief, both in equity and at law, to which they may justly show
themselves entitled.
Electronically Filed
2/28/2020 5:41 PM
Hidalgo County District Clerks
Reviewed By: J ose Hernandez
Respectfully submitted,
OXFORD & GONZALEZ
ATTORNEYS AT LAW
124 S. 12" Avenue
Edinburg, Texas 78540
il
Telephone: (9
2D
Telecopjef: (956) 8 00
BY:
Ricardo Gonzalez
State Bar No. 08131490
ATTORNEY FOR PLAINTIFFS
CERTIFICATE OF SERVICE
|, Ricardo Gonzalez, do certify that a true and correct copy of the foregoing
instrument has been forwarded upon all parties and/or counsel of record pursuant to
Texas Rules of Civil Procedure via U.S. Mail with postage affixed and/or facsimile on
this the 28th day of February, 2020 to the following:
John R. Griffith
Griffith Law Group
4228 North McColl, McAllen, Texas 78504
Fax: (956) 971-9451
E-mail: jrg@rgvfirm.com; E-mail: vo@rgvfirm.com
Attorney for Defendant West Texas Rock Resources d/ba West Texas Rumble Strip
Maria Cantu Hexsel
Gregg R. Brown
Germer Beaman and Brown, PLLC
301 Congress Avenue, Suite 1700, Austin, Texas 78701
Fax: (512) 472-0721
E-mail: mhexsel@germer-austin.com; E-mail: grb-sve@germer-austin.com
Attorney for Highway Barricades and Services, LLC
Maria Korzendorfer
Gregg R. Brown
Germer Beaman and Brown, PLLC
301 Congress Avenue, Suite 1700, Austin, Texas 78701
Fax: (512) 472-9260
E-mail: mkorzendorfer@germer-austin.com; E-mail: grb-svc@germer-austin.com
Attorney for Dustrol, Inc.
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Hidalgo County District Clerks
Reviewed By: J ose Hernandez
Mike Mills
Susan Sullivan
Atlas, Hall & Rodriguez
818 Pecan Blvd., McAllen, Texas 78501
Fax: (956) 686-6109
E-mail: mkmills@atlashall.com; ssullivan@atlashall.com
Attorney for DBNK Contracting LLC d/b/a Blue Team Restoration, LLC
Analisa Figueroa
Law Office of Analisa Figueroa, PLLC
514 Paredes Avenue, Suite H, Brownsville, Texas 78521
Fax: (956) 621-1071
E-mail: analisa@afigueroalaw.com
Attorney for Defendant Daniel Lee Sieger
Stephen A. Gibson
Law Office of Stephen A. Gibson
946 W. Nolana Loop, Suite D, Pharr, Texas 78577
Fax: (956) 284-0986,
E-mail: steve@gibson.law
Attorney for Cross-Plaintiff Daniel Lee Sieger
Michael S. Beckelman
Wilson, Elser, Moskowitz, Edelman & Dicker LLP.
909 Fannin Street, Suite 3300, Houston, Texas 77010
Fax: (713) 785-7780
E-mail: michael.beckelman@wilsonelser.com
Attorney for Defendant PeopleReaay, Inc.
Javier Gonzalez
Royston, Rayzor, Vickery & Williams, LLP
55 Cove Circle, Brownsville, Texas 78523
Fax: (956) 542-4370
E-mail: javier.gonzalez@roystonlaw.com
Attorney for Defendant Texas SAI, Inc.
RICARDO GONZALEZ
Preview
Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: Jose Hernandez CAUSE NO. C-4445-17-G ALICIA PERALES § IN THE DISTRICT COURT AS REPRESENTATIVE OF THE § ESTATE OF MARIO A. PERALES, § AND AS NEXT OF FRIEND OF § S. M. PERALES AND M. PERALES, JR., MINOR CHILDREN § § V. § 370™ JUDICIAL DISTRICT DANIEL LEE SIEGER, INDIVIDUALLY § AND AS AGENT/EMPLOYEE § OF PEOPLEREADY, INC., § PEOPLEREADY, INC., § TEXAS SAI, INC., DBNK CONTRACTING, LLC d/b/a BLUE § TEAM RESTORATION, LLC, WEST TEXAS ROCK RESOURCES, LLC d/b/a WEST TEXAS RUMBLE STRIP, DUSTROL, INC., HIGHWAY BARRICADES AND SERVICES, LLC and TRUEBLUE ENTERPRISES, INC. HIDALGO COUNTY, TEXAS PLAINTIFFS’ SEVENTH AMENDED ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, ALICIA PERALES, as Representative of the Estate of Mario Alberto Perales, and as Next Friend of S. M. Perales and M. Perales, Jr., Minor Children, herein referred to as the Plaintiffs complaining of: Daniel Lee Sieger, Individually and as an Agent/Employee of Defendant PeopleReady, Inc., herein “Defendant Sieger’, Texas SAI, Inc. herein “Defendant Contractor’, West Texas Rock Resources, LLC d/b/a West Texas Rumble Strip herein “Defendant West Texas Rock”, Highway Barricades and Services, LLC herein “Defendant Highway Barricades”, Dustrol, Inc. herein “Defendant Dustrol” DBNK Contracting LLC d/b/a Blue Team Restoration, LLC herein “Defendant Blue Team’, PeopleReady, Inc. herein “Defendant Employer’, Defendants “PeopleReady, Inc. and Blue Team herein jointly referred to as “Defendant Employers’, and True Blue 1 Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: Jose Hernandez Enterprises, Inc. Individually and as an agent for its subsidiaries and affiliates PeopleReady, Inc., herein “Defendant True Blue”, and will show unto the court as follows, to wit: I VENUE AND SERVICE The Plaintiffs at all relevant times have been residents of Hidalgo County, Texas. The Defendant/Cross Plaintiff Daniel Lee Sieger has already appeared and will be served with a copy via his attorneys of record as follows: Ana Lisa Figueroa, Law Office of Analisa Figueroa, PLLC, 514 Paredes Avenue, Suite H, Brownsville, Texas 78521; and Stephen A. Gibson, Law Office of Stephen A. Gibson, 946 West Nolana Loop, Suite D, Pharr, Texas 78577. The Defendant PeopleReady, Inc. has already appeared and will be served with a copy via its attorney of record as follows: Michael S. Beckelman, Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 909 Fannin Street, Suite 3300, Houston, Texas 77010. The Defendant, Texas SAI, Inc. has already appeared and will be served with a copy via its attorney of record as follows: Javier Gonzalez, Royston, Rayzor, Vickery & Williams, LLP, 55 Cove Circle, Brownsville, Texas 78523. The Defendant DBNK Contracting LLC d/b/a Blue Team Restoration, LLC has already appeared and will be served with a copy via its attorney of record as follows: Mike Mills, Atlas, Hall & Rodriguez, 818 Pecan Blvd., McAllen, Texas 78501. The Defendant West Texas Rock Resources, LLC d/b/a West Texas Rumble Strip has already appeared and will be served with a copy via its attorney of record as follows: John Griffith, Griffith Law Group, 4228 North McColl, McAllen, Texas 78504. The Defendant Highway Barricades and Services, LLC, has already appeared and will be served with a copy via its attorney of record as follows: Maria Cantu Hexsel, Gregg R. Brown, Germer Beaman and Brown, PLLC, 301 Congress Avenue, Suite 1700, Austin, Texas 78701. The Defendant Dustrol, Inc. has already appeared and will be served with a copy via its attorney of record as follows: Maria Korzendorfer, Gregg R. Brown, Germer 2 Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: Jose Hernandez Beaman and Brown, PLLC, 301 Congress Avenue, Suite 1700, Austin, Texas 78701. The Defendant True Blue Enterprises, Inc. is a Foreign Corporation not registered to do business in the State of Texas. The Defendant was served by serving the Texas Secretary of State on January 7, 2019 and has failed to answer. Il. BACKGROUND On or about August 29, 2017, the Defendant Daniel Sieger was operating a Dodge Ram pickup in the course and scope of his employment with Defendants PeopleReady, Inc., DBNK Contracting LLC d/b/a Blue Team Restoration, LLC and True Blue Enterprises, Inc. The Decedent Mario Alberto Perales and Defendant Sieger were returning from Victoria, Texas after having worked approximately three consecutive 12 hour day shifts commencing on Sunday August 27, 2017, Monday August 28, 2017 and Tuesday August 29, 2017 in the aftermath of Hurricane Harvey. Defendant Sieger and the Decedent would leave the Valley at approximately 5:00 a.m. to arrive in Victoria, Texas by 9:00 a.m. The Defendant Sieger and Decedent worked the said shift. The work involved clean-up of the aftermath of Hurricane Harvey. Defendant Sieger and Decedent would leave Victoria at 7:30 p.m. and usually arrived in the Valley at 11:00 p.m. The Decedent and Defendant Sieger were not provided sleeping accommodations during the 3 days of work in Victoria. Defendant Sieger was sleeping approximately 4 hours a night in the 3 days leading to the crash. As Defendant Sieger was operating his Dodge Ram, as a result of sleep deprivation, and following a pickup too closely which was brake checking, he veered off the roadway (U.S. 281) lost control of his vehicle and rolled over several times ejecting the Decedent from his vehicle. Defendant Texas SAI, Inc. or its assignees failed to place traffic control signage or any other device warning the traffic public of the uneven travel lanes which were in the process of being resurfaced a proximate cause of the crash. Defendant Sieger lost control of his vehicle as his pickup went over an uneven section of the roadway. The Decedent was pronounced dead at the scene of the accident. Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: J ose Hernandez That accident occurred on a stretch of U.S. Highway 281 at the 744 mile marker, the subject of Texas SAI, Inc.’s Project #91515-305, TXDOT Project NH 1502(262) which extended several miles south of Brooks/ Hidalgo County line and North of San Manuel, Hidalgo County, Texas or otherwise “the project”. Defendant PeopleReady, Inc. is a subsidiary or affiliate of Defendant True Blue Enterprises, Inc. Defendants True Blue Enterprises, Inc. and PeopleReady and its subsidiary are suppliers of Staff employees. Defendant True Blue Enterprises, Inc. and PeopleReady, Inc. entered into an agreement with DBNK Contracting LLC d/b/a Blue Team Restoration, LLC to supply “Temporary Associates” who were to work under the supervision of Defendant DBNK Contracting LLC d/b/a Blue Team Restoration, LLC. See attached agreement marked as Exhibit A. Defendant DBNK Contracting LLC d/b/a Blue Team Restoration, LLC agreed to supervise its Temporary Associates assigned to them by Defendant PeopleReady. Defendant Daniel Sieger and decedent were “Temporary Associates” assigned to Defendant Blue Team. Defendant Blue Team agreed to conduct safety meetings, post warning signs, provide time cards to Temporary Associates, comply with applicable federal state and local laws including breaks, meal regulation and agreed not to allow Temporary Associates to engage in unstable practices and further manage construction schedules. Defendant Blue Team agreed to insure and defend the Defendant Employers relating to vehicles owned or controlled by Defendant Blue Team and PeopleReady including non-owned and hired vehicles. Defendant Blue Team agreed to indemnify, defend True Blue Enterprises, Inc., and PeopleReady’s employees and its Temporary Associates including any claims related to bodily injury asserted by the general public arising out of any act or omission by Temporary Associates in the operation or use of any vehicle. Defendant Texas SAI, Inc. the general contractor on the project was responsible for the condition of the premises (roadway), and the overall supervision and management of the project, which included supplying and maintaining all necessary traffic control devices to protect the traveling public from the hazard created by the 4 Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: J ose Hernandez project as provided in the Traffic Control Plan. Defendant contractor hired subcontractors Defendant West Texas Rock, Defendant Highway Barricades and Defendant Dustrol to supply various traffic control devices, including alerting the traveling public to the hazards created by the work being done throughout the project principally the resurfacing of the U.S. 281. The contractor Texas SAI, Inc. or its assignees (sub-contractors) contracted to remove the existing asphalt surface and resurfaced the asphalt North and South roadways of project; and performed striping services and installed pavement markers or traffic buttons for safely guiding the traffic through the hazard created by the work being done throughout the project. Defendant David Sieger encountered the dangerous conditions on the roadway at approximately 10:30 pm on the night of August 29, 2017. As Defendant Sieger approached the uneven surfaced roadway, the lane suddenly without warning; lack of signage; striping or traffic button was reduced in height. As Defendant Sieger’s vehicle went over the uneven section of the roadway, he lost control of his vehicle and it (vehicle) flipped over several times ejecting Plaintiff causing severe, serious, fatal injuries, conscious pain and suffering before his ultimate death. The variation in height of the roadway was a dangerous condition. The condition was created by Defendant Contractor Texas SAI, Inc. or its subcontractors Defendant West Texas Rock, Defendant Highway Barricades and/or Defendant Dustrol. There was insufficient traffic control signage warning the traveling public of the changes in elevation in the roadway. Defendant Contractor, Texas SAI, Inc. supervised and/or managed its subcontractors and failed to fix the defective condition of the roadway. The Defendant Contractor, Texas SAI, Inc. and/or its subcontractors failure to warn of the condition of the roadway a proximate cause of the wrongful death of Mario Alberto Perales. Texas SAI, Inc. as the general contractor was in control of the management and/or supervision of the project and the premises and either through negligence or omission allowed an unreasonable dangerous condition to exist. Defendant Contractor Texas SAI, Inc. or its assignees/subcontractors had actual and/or constructive 5 Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: Jose Hernandez knowledge of it created unreasonably risk of harm. Defendant Contractor Texas SAI, Inc. or its assignees/subcontractors failure to reduce, eliminate or warn was a proximate/or producing cause of the death of Mario Alberto Perales and the damages suffered by the Decedent's wife and children. I. CAUSES OF ACTION The Plaintiffs will show that the Defendants committed the following acts and/or omissions, which constitute negligence or gross negligence proximately causing the wrongful death of Mario Alberto Perales, to wit: 1) Failure to keep a proper look out (Defendant Sieger); 2) Failure to control speed (Defendant Sieger); 3) Driving at an excessive speed (Defendant Sieger); 4) Following too closely (Defendant Sieger) Texas Transportation Code 545.06 negligence per se; 5) Sleep deprivation (Defendant Sieger and Defendant Employers); 6) Inattentiveness (Defendant Sieger); 7) Failure to provide sleeping accommodations near the jobsite (Defendant Employers); 8) Respondeat superior (Defendant Employers); 9) Failure to warn of uneven road surface (Defendant Contractor and/or Defendant Subcontractors); 10)Failure to resurface the roadway (Defendant Contractor and/or Defendant Subcontractors); 11) Creating a dangerous condition (Defendant Contractor and/or Subcontractors); 12)Breached their agreement to indemnify Defendants Sieger and PeopleReady (Defendant Blue Team); 13)Breach of Merchantability (Defendant Contractor and/or Subcontractors). Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: Jose Hernandez IV. DAMAGES The decedent Mario Perales and Plaintiff Alicia Perales entered into a common law marriage in 2005 and ceremoniously married on January 24, 2012. Of said union, two children were born: Simon Perales born on February 3, 2006 and Mario Perales, Jr., born on February 26, 2017. Plaintiff brings this action on behalf of herself and on behalf of all beneficiaries under the Texas Wrongful Death Statute and will show that the negligence or gross negligence of Defendants proximately caused the Plaintiffs the following damages, to wit: 1) Funeral Expenses; 2) Past and Future Loss of Wages, Income and Financial Support; 3) Conscious Physical Pain and Suffering (suffered by Decedent Mario Perales) 4) Past and Future Mental anguish; 5) Past and Future Loss of Consortium and Support; and 6) Past and Future Loss of Parental Consortium and Support. 7) Past and Future Loss of Inheritance. WHEREFORE PREMISES CONSIDERED, the Plaintiffs pray that the Defendants be cited to appear and answer this Petition. That upon trial of this case, that Plaintiffs receive a Judgment in excess of the minimum jurisdiction of this court. Plaintiffs further request past and future interest at the prevailing judgment rate on any actual or exemplary damages awarded. The Plaintiffs further request any general and/or special relief, both in equity and at law, to which they may justly show themselves entitled. Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: J ose Hernandez Respectfully submitted, OXFORD & GONZALEZ ATTORNEYS AT LAW 124 S. 12" Avenue Edinburg, Texas 78540 il Telephone: (9 2D Telecopjef: (956) 8 00 BY: Ricardo Gonzalez State Bar No. 08131490 ATTORNEY FOR PLAINTIFFS CERTIFICATE OF SERVICE |, Ricardo Gonzalez, do certify that a true and correct copy of the foregoing instrument has been forwarded upon all parties and/or counsel of record pursuant to Texas Rules of Civil Procedure via U.S. Mail with postage affixed and/or facsimile on this the 28th day of February, 2020 to the following: John R. Griffith Griffith Law Group 4228 North McColl, McAllen, Texas 78504 Fax: (956) 971-9451 E-mail: jrg@rgvfirm.com; E-mail: vo@rgvfirm.com Attorney for Defendant West Texas Rock Resources d/ba West Texas Rumble Strip Maria Cantu Hexsel Gregg R. Brown Germer Beaman and Brown, PLLC 301 Congress Avenue, Suite 1700, Austin, Texas 78701 Fax: (512) 472-0721 E-mail: mhexsel@germer-austin.com; E-mail: grb-sve@germer-austin.com Attorney for Highway Barricades and Services, LLC Maria Korzendorfer Gregg R. Brown Germer Beaman and Brown, PLLC 301 Congress Avenue, Suite 1700, Austin, Texas 78701 Fax: (512) 472-9260 E-mail: mkorzendorfer@germer-austin.com; E-mail: grb-svc@germer-austin.com Attorney for Dustrol, Inc. Electronically Filed 2/28/2020 5:41 PM Hidalgo County District Clerks Reviewed By: J ose Hernandez Mike Mills Susan Sullivan Atlas, Hall & Rodriguez 818 Pecan Blvd., McAllen, Texas 78501 Fax: (956) 686-6109 E-mail: mkmills@atlashall.com; ssullivan@atlashall.com Attorney for DBNK Contracting LLC d/b/a Blue Team Restoration, LLC Analisa Figueroa Law Office of Analisa Figueroa, PLLC 514 Paredes Avenue, Suite H, Brownsville, Texas 78521 Fax: (956) 621-1071 E-mail: analisa@afigueroalaw.com Attorney for Defendant Daniel Lee Sieger Stephen A. Gibson Law Office of Stephen A. Gibson 946 W. Nolana Loop, Suite D, Pharr, Texas 78577 Fax: (956) 284-0986, E-mail: steve@gibson.law Attorney for Cross-Plaintiff Daniel Lee Sieger Michael S. Beckelman Wilson, Elser, Moskowitz, Edelman & Dicker LLP. 909 Fannin Street, Suite 3300, Houston, Texas 77010 Fax: (713) 785-7780 E-mail: michael.beckelman@wilsonelser.com Attorney for Defendant PeopleReaay, Inc. Javier Gonzalez Royston, Rayzor, Vickery & Williams, LLP 55 Cove Circle, Brownsville, Texas 78523 Fax: (956) 542-4370 E-mail: javier.gonzalez@roystonlaw.com Attorney for Defendant Texas SAI, Inc. RICARDO GONZALEZ