On April 08, 2020 a
PLTF'S ORIG PET & REQ FOR DISCL
was filed
involving a dispute between
and
for INJURY OR DAMAGE, INVOLVING MOTOR VEHICLE
in the District Court of Tarrant County.
Preview
352-316364-20 FILED
TARRANT COUNTY
4/8/2020 1:00 PM
THOMAS A. WILDER
CAUSE NO. ____________________ DISTRICT CLERK
DAVID PADILLA § IN THE DISTRICT COURT
Plaintiff, §
§
vs. § OF TARRANT COUNTY, TEXAS
§
RALPH ZIMMERMAN §
Defendant. § _____ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION AND
REQUEST FOR DISCLOSURE
Plaintiff, David Padilla, files this Original Petition and Jury Demand.
Discovery Control Plan
1. Discovery is intended to be conducted under Level 2 of Texas Rule of Civil Procedure
190.
Parties
2. Plaintiff, David Padilla, is an individual who resides in Tarrant County, Texas. In
accordance with Tex. Civ. Prac. & Rem. Code § 30.014, which requires the disclosure of partial
identification information for parties to a civil action; the last three numbers of Plaintiff’s Texas
Driver’s License are 216, and the last 3 numbers of Plaintiff’s Social Security Number are 451.
3. Defendant, Ralph Zimmerman, is an individual who resides in Denton County, Texas.
Mr. Zimmerman may be served with process at his residence, 15457 Yarberry Drive, Roanoke,
Texas 76262.
Jurisdiction
4. The Court has jurisdiction over defendants because they are Texas residents. The Court
has jurisdiction over the controversy because the damages are within the jurisdictional limits of
the Court.
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Venue
5. Venue is proper in Tarrant County because it is the county in which all or a substantial
part of the events or omissions giving rise to the claims occurred. See TEX. CIV. PRAC. & REM.
§15.002(a)(1).
Background
6. This lawsuit results from an automobile accident that occurred at approximately 7:23 p.m
on April 26, 2018 in the southbound lanes of I 35W in Fort Worth, Texas near Tarrant Parkway.
Defendant was travelling southbound on I 35W in the left lane and Plaintiff was driving in the
same lane some distance behind Defendant. Defendant entered the access lane for the Express
Lanes of I 35W and then suddenly and without providing warning attempted to swerve back into
the main lanes of traffic. Defendant’s vehicle struck the yellow plastic water barriers and
skidded perpendicular to oncoming traffic in front of Plaintiff’s vehicle. Plaintiff was unable to
stop and struck the driver’s side of Defendant’s vehicle. This accident caused serious and
ongoing injuries to plaintiff.
Negligence
7. At the time of the accident, defendant Ralph Zimmerman was operating his vehicle
negligently. Defendant had a duty to exercise ordinary care and operate his vehicle reasonably
and prudently. Defendant breached that duty in one or more of the following ways, each of
which constituted negligence and either singularly or collectively were the direct and proximate
cause of the collision and damages suffered by plaintiff:
2
a. Failing to pay adequate attention to the task of driving;
b. Failing to yield the right-of-way;
c. Failing to control his speed;
d. Failing to stay in his lane;
e. Changing lanes when it was unsafe to do so;
f. Failing to timely apply his brakes;
g. Failing to maintain a proper lookout; and.
h. Failing to turn his vehicle to avoid a collision.
Negligence Per Se
8. Texas law requires a vehicle operator on a roadway divided into two or more clearly
marked lanes for traffic shall drive as nearly as practical entirely within a single lane; and, may
not move from the lane unless that movement can be made safely. Failure to comply with this
law is negligence in itself. Texas Trans. Code §545.060(a).
9. Defendant violated the above-cited safety laws enacted for the health and safety of
persons operating motor vehicle upon Texas roads. The failure of defendant to adhere to this
safety law constitutes negligence per se that proximately caused the collision made the basis of
this suit, specifically, defendant made an unsafe lane change.
Damages
10. As a proximate cause of defendant’s negligence, plaintiffs suffered bodily injury. As a
result of their injuries, plaintiffs suffered the following damages:
a. Physical pain and mental anguish in the past and future;
b. Lost earnings;
c. Damage to earnings capacity;
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d. Disfigurement in the past and future;
e. Physical impairment in the past and future;
f. Medical expenses in the past and future; and,
g. Property damage.
11. Plaintiff seeks monetary relief over $1,000,000.
Request for Disclosure
12. Pursuant to Texas Rules of Civil Procedure 194, you are requested to disclose, within
fifty days of service of this request, all information or materials described in Rule 194.2 (a)-(l),
inclusive, of the Texas Rules of Civil Procedure.
Request for Relief
13. For these reasons, plaintiff requests judgment against defendants for:
a. Past and future actual damages;
b. Costs of suit;
c. All prejudgment and post-judgment interest permitted by law; and
e. All other legal or equitable relief the court deems appropriate.
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Respectfully submitted,
SMITH & SMITH
By: /s/ Michael H. Smith
Michael H. Smith
State Bar No. 00785005
Daniel J. Smith
State Bar No. 18557100
6040 Camp Bowie Blvd., Suite 14
Fort Worth, Texas 76116
(817) 877-5750
(817) 877-8899 (Fax)
E-mail: msmith@smithsmith-law.com
E-mail: dsmith@smithsmith-law.com
ATTORNEYS FOR PLAINTIFF
DAVID PADILLA
5
Document Filed Date
April 08, 2020
Case Filing Date
April 08, 2020
Category
INJURY OR DAMAGE, INVOLVING MOTOR VEHICLE
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352-316364-20 FILED TARRANT COUNTY 4/8/2020 1:00 PM THOMAS A. WILDER CAUSE NO. ____________________ DISTRICT CLERK DAVID PADILLA § IN THE DISTRICT COURT Plaintiff, § § vs. § OF TARRANT COUNTY, TEXAS § RALPH ZIMMERMAN § Defendant. § _____ JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Plaintiff, David Padilla, files this Original Petition and Jury Demand. Discovery Control Plan 1. Discovery is intended to be conducted under Level 2 of Texas Rule of Civil Procedure 190. Parties 2. Plaintiff, David Padilla, is an individual who resides in Tarrant County, Texas. In accordance with Tex. Civ. Prac. & Rem. Code § 30.014, which requires the disclosure of partial identification information for parties to a civil action; the last three numbers of Plaintiff’s Texas Driver’s License are 216, and the last 3 numbers of Plaintiff’s Social Security Number are 451. 3. Defendant, Ralph Zimmerman, is an individual who resides in Denton County, Texas. Mr. Zimmerman may be served with process at his residence, 15457 Yarberry Drive, Roanoke, Texas 76262. Jurisdiction 4. The Court has jurisdiction over defendants because they are Texas residents. The Court has jurisdiction over the controversy because the damages are within the jurisdictional limits of the Court. 1 Venue 5. Venue is proper in Tarrant County because it is the county in which all or a substantial part of the events or omissions giving rise to the claims occurred. See TEX. CIV. PRAC. & REM. §15.002(a)(1). Background 6. This lawsuit results from an automobile accident that occurred at approximately 7:23 p.m on April 26, 2018 in the southbound lanes of I 35W in Fort Worth, Texas near Tarrant Parkway. Defendant was travelling southbound on I 35W in the left lane and Plaintiff was driving in the same lane some distance behind Defendant. Defendant entered the access lane for the Express Lanes of I 35W and then suddenly and without providing warning attempted to swerve back into the main lanes of traffic. Defendant’s vehicle struck the yellow plastic water barriers and skidded perpendicular to oncoming traffic in front of Plaintiff’s vehicle. Plaintiff was unable to stop and struck the driver’s side of Defendant’s vehicle. This accident caused serious and ongoing injuries to plaintiff. Negligence 7. At the time of the accident, defendant Ralph Zimmerman was operating his vehicle negligently. Defendant had a duty to exercise ordinary care and operate his vehicle reasonably and prudently. Defendant breached that duty in one or more of the following ways, each of which constituted negligence and either singularly or collectively were the direct and proximate cause of the collision and damages suffered by plaintiff: 2 a. Failing to pay adequate attention to the task of driving; b. Failing to yield the right-of-way; c. Failing to control his speed; d. Failing to stay in his lane; e. Changing lanes when it was unsafe to do so; f. Failing to timely apply his brakes; g. Failing to maintain a proper lookout; and. h. Failing to turn his vehicle to avoid a collision. Negligence Per Se 8. Texas law requires a vehicle operator on a roadway divided into two or more clearly marked lanes for traffic shall drive as nearly as practical entirely within a single lane; and, may not move from the lane unless that movement can be made safely. Failure to comply with this law is negligence in itself. Texas Trans. Code §545.060(a). 9. Defendant violated the above-cited safety laws enacted for the health and safety of persons operating motor vehicle upon Texas roads. The failure of defendant to adhere to this safety law constitutes negligence per se that proximately caused the collision made the basis of this suit, specifically, defendant made an unsafe lane change. Damages 10. As a proximate cause of defendant’s negligence, plaintiffs suffered bodily injury. As a result of their injuries, plaintiffs suffered the following damages: a. Physical pain and mental anguish in the past and future; b. Lost earnings; c. Damage to earnings capacity; 3 d. Disfigurement in the past and future; e. Physical impairment in the past and future; f. Medical expenses in the past and future; and, g. Property damage. 11. Plaintiff seeks monetary relief over $1,000,000. Request for Disclosure 12. Pursuant to Texas Rules of Civil Procedure 194, you are requested to disclose, within fifty days of service of this request, all information or materials described in Rule 194.2 (a)-(l), inclusive, of the Texas Rules of Civil Procedure. Request for Relief 13. For these reasons, plaintiff requests judgment against defendants for: a. Past and future actual damages; b. Costs of suit; c. All prejudgment and post-judgment interest permitted by law; and e. All other legal or equitable relief the court deems appropriate. 4 Respectfully submitted, SMITH & SMITH By: /s/ Michael H. Smith Michael H. Smith State Bar No. 00785005 Daniel J. Smith State Bar No. 18557100 6040 Camp Bowie Blvd., Suite 14 Fort Worth, Texas 76116 (817) 877-5750 (817) 877-8899 (Fax) E-mail: msmith@smithsmith-law.com E-mail: dsmith@smithsmith-law.com ATTORNEYS FOR PLAINTIFF DAVID PADILLA 5