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FILED: 4/18/2019 1:32 PM
David Trantham
Denton County District Clerk
By: Shelley Mccutcheon, Deputy
NOTICE: THIS DOCUMENT CONTAINS SENSATIVE DATA
19-3633-442
CAUSE NO.
DONAVUN L. LONGORIA IN THE DISTRICT COURT
Plaintiff,
VS.
B.B.C., A MINOR, BRADLEY C. JUDICIAL DISTRICT
SMITH, C.S., A MINOR, AND STATE
FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
Defendants. DENTON COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
AND REQUEST FOR DISCLOSURE
COMES NOW, DONAVUN L. LONGORIA, Plaintiff in the above-entitled and numbered
cause of action, complaining of Defendants, BRIANDALYN B. CLAYCOMB, CLAIRE SMITH,
BRADLEY C. SMITH, and STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, and in support thereof would respectfully show the Court as follows:
1
DISCOVERY CONTROL PLAN (LEVEL 2)
1d Pursuant to TEX. RULE OF CIV. P. 190.3, the discovery of this case is to be conducted
under Level 2 Discovery Control Plan.
IL.
PARTIES
2.1 Donavun L. Longoria (‘Plaintiff’) is a resident of Providence Village, Denton
County, Texas.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE 1
2.2 Briandalyn B. Claycomb, (“Defendant B.B.C.”) is an individual resident of the
State of Texas who can be served with process her place of residence, 600 Creekside Dr., Little
Elm, TX 75068.
2.3 Claire Smith (“Defendant C.S.”) is an individual resident of the State of Texas who
can be served with process her place of residence, 12020 Eden Ln., Frisco, TX 75033.
24 Bradley C. Smith (“Defendant Smith”) is an individual resident of the State of
Texas who can be served with process his place of residence, 12020 Eden Ln., Frisco, TX 75033.
2.5 State Farm Mutual Automobile Insurance Company (“Defendant State Farm”) is
an insurance company doing business in Texas and may be served with process by service upon
its registered agent, Corporation Service Company, 211 E. 7" Street, Suite 620, Austin, TX 78701.
Defendant State Farm is being named pursuant to TEX. R. Clv. P. 28, which allows a party to be
sued in its assumed or common name.
Ti.
JURISDICTION and VENUE
3.1 This Court has jurisdiction in this cause since the damages to Plaintiff are within
the jurisdictional limits of this Court.
3.2 Venue is proper pursuant to TEX. Civ. PRAC. & REM. CODE §15.002 because the
motor-vehicle collision in question occurred in Denton County, Texas.
3.3 All conditions precedent have occurred.
3.4 No action on the part of Plaintiff caused or contributed to this occurrence.
IV.
CLAIM FOR RELIEF
4.1 Pursuant to TEX. RULE OF CIV. P. 47(c)(4), Plaintiff's claim for monetary relief is
over $200,000.00 but not more than $1,000,000.00.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE. PAGE 2
Vv.
FACTS
5.1 On or about June 5, 2017 Plaintiff was sitting on the hood of a parked, running
vehicle owned by Defendant Smith. Defendant B.B.C. was behind the wheel and negligently
caused the car to move and then stop suddenly, which caused Plaintiff to fall off the vehicle. Then
Defendant B.B.C. negligently ran over Plaintiff with the vehicle. This incident caused severe
injuries to Plaintiff.
VI.
NEGLIGENCE CAUSE OF ACTION
6.1 On the occasion in question, Defendant B.B.C. operated a vehicle in a negligent
manner, and said Defendant violated the duty of care owed to the Plaintiff to exercise ordinary
care in the operation of a motor-vehicle, as follows:
a. In causing the vehicle to move and stop, throwing Plaintiff from the hood of the
vehicle;
In failing to maintain a proper lookout as a person of ordinary prudence would
have maintained under the same or similar circumstances;
In failing to control the operation of said vehicle and running over Plaintiff;
In failing to avoid the incident in question;
In operating the vehicle in an unsafe manner;
f. Other acts or negligence and/or negligence per se.
6.2 The Defendant drove her vehicle at the time and on the occasion in question with
willful or wanton disregard for the safety of others, in violation of the laws of the State of Texas,
including TEX. TRANS. CODE §545.401.
6.3 Each of the foregoing acts or omissions, whether taken singularly or in any
combination, constitutes negligence, and was a proximate cause of Plaintiffs injuries and damages
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE 3
listed below. As a result, the Plaintiff is entitled to recover such damages as may be awarded by
the trier of fact, including punitive and exemplary damages.
VIL.
NEGLIGENT ENTRUSTMENT
7A Plaintiff would show that said collision made the basis of this lawsuit resulted from
the negligence of Defendant Smith, in negligently entrusting a vehicle to Defendant B.B.C. and/or
Defendant C.S., when he knew or should have known that they were underage, unlicensed,
incompetent, and/or reckless drivers.
72 Plaintiff would show that said collision made the basis of this lawsuit resulted from
the negligence of Defendant C.S. in negligently entrusting a vehicle to Defendant B.B.C. when
she knew or should have known that Defendant B.B.C. was an underage, unlicensed, incompetent,
and/or reckless driver.
VII.
UNINSURED MOTORIST CLAIM
8.1 At all times material, Plaintiff was covered under an automobile policy of insurance
issued, administered and sold by Defendant State Farm that included Uninsured Motorist
Coverage.
8.2 At the time of the subject collision, Defendant B.B.C. and Defendant Smith were
uninsured motorists/owners, as that term is defined in the contract of insurance covering Plaintiff
for the incident in question.
8.3 As such, under the terms of the insurance policy, Defendant State Farm is liable to
Plaintiff for those damages for which Defendant B.B.C. and/or Defendant Smith are legally liable.
Ix.
INDIVISIBLE INJURY
9.1 Plaintiff would show that negligence of the Defendants joined to produce an
indivisible injury to Plaintiff that cannot be apportioned with reasonable certainty to any individual
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE4
defendant. Accordingly, each defendant is jointly and severally liable for the entire amount of
Plaintiff's damages.
Xx.
DAMAGES
10.1 As a result of the incident made the basis of this lawsuit described in the preceding
paragraphs and the negligence and/or negligence per se of Defendants, Plaintiff sustained
significant injuries and damages in the past and will in reasonable probability sustain these
damages in the future.
10.2 Plaintiff respectfully requests that the trier of fact determine the amount of the
damages and losses that incurred in the past and will reasonably incur in the future, as well as the
monetary value of these damages, which include, but are not limited to:
Physical pain and mental anguish;
Disfigurement;
Physical impairment;
Medical care expenses;
Loss of earning capacity; and
Out-of-pocket economic losses.
XI.
CLAIM FOR PREJUDGMENT
AND POST-JUDGMENT INTEREST
11.1 Plaintiff herein claims interest in accordance with TEX. FINANCE CODE §304.001
et seq. and any other applicable law.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGES
XII.
REQUESTS FOR DISCLOSURE
12.1 Pursuant to Rule 194, request is made that each Defendant disclose, within fifty
(50) days of service of this request, the information or material described in TEX. RULE OF CIV. P.
194.2 (a)-(1).
XIII.
RULE 193.7 NOTICE
13.1 Pursuant to TEX. RULE OF Clv. P. 193.7, Plaintiff hereby gives actual notice to
Defendants that any and all documents produced may be used against the Defendant producing the
document at any pretrial proceeding and/or at the trial of this matter without the necessity of
authenticating the documents.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited in
terms of law to appear and answer herein, that upon final trial and hearing hereof, that Plaintiff
recover damages in accordance with the evidence, that Plaintiff recover punitive or exemplary
damages, that Plaintiff recover costs of court herein expended, that Plaintiff recover interest to
which Plaintiff is justly entitled under the law, and for such other further relief, both general and
special, both in law and in equity, to which Plaintiff may be justly entitled.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE 6
Respectfully submitted,
By:
JA R ALEZ
State Bar No. 24027331
FELIPE B. LINK
State Bar No. 24057968
LINK & ASSOCIATES
10440 North Central Expy., Ste. 950
Dallas, Texas 75231
Telephone: (214) 214-3001
Facsimile: (214)521-5871
E-Mail: jgonzalez@linklawpe.com
flink@linklawpe.com.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE 7
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FILED: 4/18/2019 1:32 PM David Trantham Denton County District Clerk By: Shelley Mccutcheon, Deputy NOTICE: THIS DOCUMENT CONTAINS SENSATIVE DATA 19-3633-442 CAUSE NO. DONAVUN L. LONGORIA IN THE DISTRICT COURT Plaintiff, VS. B.B.C., A MINOR, BRADLEY C. JUDICIAL DISTRICT SMITH, C.S., A MINOR, AND STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Defendants. DENTON COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE COMES NOW, DONAVUN L. LONGORIA, Plaintiff in the above-entitled and numbered cause of action, complaining of Defendants, BRIANDALYN B. CLAYCOMB, CLAIRE SMITH, BRADLEY C. SMITH, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, and in support thereof would respectfully show the Court as follows: 1 DISCOVERY CONTROL PLAN (LEVEL 2) 1d Pursuant to TEX. RULE OF CIV. P. 190.3, the discovery of this case is to be conducted under Level 2 Discovery Control Plan. IL. PARTIES 2.1 Donavun L. Longoria (‘Plaintiff’) is a resident of Providence Village, Denton County, Texas. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE 1 2.2 Briandalyn B. Claycomb, (“Defendant B.B.C.”) is an individual resident of the State of Texas who can be served with process her place of residence, 600 Creekside Dr., Little Elm, TX 75068. 2.3 Claire Smith (“Defendant C.S.”) is an individual resident of the State of Texas who can be served with process her place of residence, 12020 Eden Ln., Frisco, TX 75033. 24 Bradley C. Smith (“Defendant Smith”) is an individual resident of the State of Texas who can be served with process his place of residence, 12020 Eden Ln., Frisco, TX 75033. 2.5 State Farm Mutual Automobile Insurance Company (“Defendant State Farm”) is an insurance company doing business in Texas and may be served with process by service upon its registered agent, Corporation Service Company, 211 E. 7" Street, Suite 620, Austin, TX 78701. Defendant State Farm is being named pursuant to TEX. R. Clv. P. 28, which allows a party to be sued in its assumed or common name. Ti. JURISDICTION and VENUE 3.1 This Court has jurisdiction in this cause since the damages to Plaintiff are within the jurisdictional limits of this Court. 3.2 Venue is proper pursuant to TEX. Civ. PRAC. & REM. CODE §15.002 because the motor-vehicle collision in question occurred in Denton County, Texas. 3.3 All conditions precedent have occurred. 3.4 No action on the part of Plaintiff caused or contributed to this occurrence. IV. CLAIM FOR RELIEF 4.1 Pursuant to TEX. RULE OF CIV. P. 47(c)(4), Plaintiff's claim for monetary relief is over $200,000.00 but not more than $1,000,000.00. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE. PAGE 2 Vv. FACTS 5.1 On or about June 5, 2017 Plaintiff was sitting on the hood of a parked, running vehicle owned by Defendant Smith. Defendant B.B.C. was behind the wheel and negligently caused the car to move and then stop suddenly, which caused Plaintiff to fall off the vehicle. Then Defendant B.B.C. negligently ran over Plaintiff with the vehicle. This incident caused severe injuries to Plaintiff. VI. NEGLIGENCE CAUSE OF ACTION 6.1 On the occasion in question, Defendant B.B.C. operated a vehicle in a negligent manner, and said Defendant violated the duty of care owed to the Plaintiff to exercise ordinary care in the operation of a motor-vehicle, as follows: a. In causing the vehicle to move and stop, throwing Plaintiff from the hood of the vehicle; In failing to maintain a proper lookout as a person of ordinary prudence would have maintained under the same or similar circumstances; In failing to control the operation of said vehicle and running over Plaintiff; In failing to avoid the incident in question; In operating the vehicle in an unsafe manner; f. Other acts or negligence and/or negligence per se. 6.2 The Defendant drove her vehicle at the time and on the occasion in question with willful or wanton disregard for the safety of others, in violation of the laws of the State of Texas, including TEX. TRANS. CODE §545.401. 6.3 Each of the foregoing acts or omissions, whether taken singularly or in any combination, constitutes negligence, and was a proximate cause of Plaintiffs injuries and damages PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE 3 listed below. As a result, the Plaintiff is entitled to recover such damages as may be awarded by the trier of fact, including punitive and exemplary damages. VIL. NEGLIGENT ENTRUSTMENT 7A Plaintiff would show that said collision made the basis of this lawsuit resulted from the negligence of Defendant Smith, in negligently entrusting a vehicle to Defendant B.B.C. and/or Defendant C.S., when he knew or should have known that they were underage, unlicensed, incompetent, and/or reckless drivers. 72 Plaintiff would show that said collision made the basis of this lawsuit resulted from the negligence of Defendant C.S. in negligently entrusting a vehicle to Defendant B.B.C. when she knew or should have known that Defendant B.B.C. was an underage, unlicensed, incompetent, and/or reckless driver. VII. UNINSURED MOTORIST CLAIM 8.1 At all times material, Plaintiff was covered under an automobile policy of insurance issued, administered and sold by Defendant State Farm that included Uninsured Motorist Coverage. 8.2 At the time of the subject collision, Defendant B.B.C. and Defendant Smith were uninsured motorists/owners, as that term is defined in the contract of insurance covering Plaintiff for the incident in question. 8.3 As such, under the terms of the insurance policy, Defendant State Farm is liable to Plaintiff for those damages for which Defendant B.B.C. and/or Defendant Smith are legally liable. Ix. INDIVISIBLE INJURY 9.1 Plaintiff would show that negligence of the Defendants joined to produce an indivisible injury to Plaintiff that cannot be apportioned with reasonable certainty to any individual PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE4 defendant. Accordingly, each defendant is jointly and severally liable for the entire amount of Plaintiff's damages. Xx. DAMAGES 10.1 As a result of the incident made the basis of this lawsuit described in the preceding paragraphs and the negligence and/or negligence per se of Defendants, Plaintiff sustained significant injuries and damages in the past and will in reasonable probability sustain these damages in the future. 10.2 Plaintiff respectfully requests that the trier of fact determine the amount of the damages and losses that incurred in the past and will reasonably incur in the future, as well as the monetary value of these damages, which include, but are not limited to: Physical pain and mental anguish; Disfigurement; Physical impairment; Medical care expenses; Loss of earning capacity; and Out-of-pocket economic losses. XI. CLAIM FOR PREJUDGMENT AND POST-JUDGMENT INTEREST 11.1 Plaintiff herein claims interest in accordance with TEX. FINANCE CODE §304.001 et seq. and any other applicable law. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGES XII. REQUESTS FOR DISCLOSURE 12.1 Pursuant to Rule 194, request is made that each Defendant disclose, within fifty (50) days of service of this request, the information or material described in TEX. RULE OF CIV. P. 194.2 (a)-(1). XIII. RULE 193.7 NOTICE 13.1 Pursuant to TEX. RULE OF Clv. P. 193.7, Plaintiff hereby gives actual notice to Defendants that any and all documents produced may be used against the Defendant producing the document at any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating the documents. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited in terms of law to appear and answer herein, that upon final trial and hearing hereof, that Plaintiff recover damages in accordance with the evidence, that Plaintiff recover punitive or exemplary damages, that Plaintiff recover costs of court herein expended, that Plaintiff recover interest to which Plaintiff is justly entitled under the law, and for such other further relief, both general and special, both in law and in equity, to which Plaintiff may be justly entitled. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE 6 Respectfully submitted, By: JA R ALEZ State Bar No. 24027331 FELIPE B. LINK State Bar No. 24057968 LINK & ASSOCIATES 10440 North Central Expy., Ste. 950 Dallas, Texas 75231 Telephone: (214) 214-3001 Facsimile: (214)521-5871 E-Mail: jgonzalez@linklawpe.com flink@linklawpe.com.com ATTORNEYS FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE, PAGE 7