Preview
FILED
7/9/2020 4:58PM
1 CIT/ ESERVE (JURY DEMAND) DlgTEaLfgrcPL'EEE
Dlgféfg'TAcTEEE
DALLAS CO.,TEXAS
JAVIER HERNANDEZ DEPUTY
0020-09392
CAUSE N0.
EDITH HERNANDEZ § 1N THE DISTRICT COURT
§
Plaintiff, §
134TH
§
vs. § JUDICIAL DISTRICT
§
FREDDIE MASON, JR. §
§
Defendant. § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, EDITH HERNANDEZ, “Plaintiff”, in the above-styled action and files this
Original Petition and Request for Disclosure, complaining 0f FREDDIE
ofFREDDIE MASON, JR., and in support
would respectfillly
respectfully show this Court the following:
DISCOVERY-CONTROL PLAN
1. Plaintiff intends to conduct discovery under Level 2 of Rule 190.3 0f the Texas Rules
of
of Civil Procedure, and affirmatively plead that this suit is not governed by the expedited actions
process in Texas Rules of Civil Procedure 169 because Plaintiffs seek monetary relief over $100,000.
RELIEF
2. Plaintiff seeks monetary relief over $100,000 but not more than $200,000, including
damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. The
damages sought in this action are within the jurisdictional limits 0f
of the court. Tex. R. Civ. P. 4 7(c)
7(0) (3).
PARTIES
3. Plaintiff EDITH HERNANDEZ (hereinafter “Plaintiff”)
“Plaintiff’) is an individual residing in
Dallas County, Texas. The last three digits 0f her Texas identification number are 940.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Page 1
4. Defendant FREDDIE MASON, JR. (hereinafter “Defendant” 0r “Defendant Mason”)
is an individual residing in Dallas, Dallas County, Texas and may be served with process at 2196
Aspen Drive, Dallas, Texas 75227, 0r wherever he may be found, by private process.
JURISDICTION AND VENUE
5. This Court has jurisdiction over the parties and the matter in controversy is within the
jurisdictional limits of this Court. Pursuant t0 § 15.002 0f the Texas Civil Practice and Remedies
Code, venue is proper in Dallas County because Dallas County is the county in Which all, or a
substantial part, of the events or omissions giving rise to the claim occurred.
FACTUAL BACKGROUND
6. On October 10, 2019, at or about 7:59 p.m., Plaintiff was driving her vehicle through
an intersection in Dallas, Dallas County, Texas With a solid green signal light.
7. Plaintiff was in the middle 0f the intersection when suddenly and without any warning
a Ford Crown Victoria car (the “Offending vehicle”) driven by Defendant Mason entered the
intersection.
8. Defendant Mason did not have a solid green signal arrow when he entered the
intersection to tun left. Defendant Mason, driving the Offending vehicle, failed t0 yield the right of
way and Violently collided With Plaintiff in the middle 0f the intersection (the “Collision”) causing
injuries and damages to Plaintiff.
CAUSES OF ACTION
A. Negligence of Defendant
9. Plaintiff realleges and incorporate by reference the preceding paragraphs for all
purposes the same as if set forth herein.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Page 2
10. Defendant Mason had a duty to exercise the degree 0f care that a reasonably careful
person would use t0 avoid harm t0 others under circumstances similar to those described herein.
11. Plaintiff’ s injuries were proximately caused by Defendant Mason’s negligent, careless,
and reckless disregard 0f said duty.
12. The negligent, careless, and reckless disregard 0f duty of Defendant Mason consisted
of, but is not limited t0, the following Violations 0f Texas state law, acts and omissions:
(a) Failing t0 reduce the speed 0f the Offending vehicle for special hazards in
Violation 0f Texas Transportation Code § 545.351;
(b) A willful and wanton disregard for the safety 0f persons and property in
Violation 0f Texas Transportation Code § 545.401 (a);
(C) Failing to comply with an official traffic—control device in Violation 0f the Texas
Transportation Code § 544. 004(a);
(d) Failing t0 stop, yield, and grant immediate use 0f the intersection in obedience
t0 an official traffic-control device in Violation 0f the Texas Transportation
Code § 545.151(a)(1)(A);
(e) Failing t0 yield the right 0f way to a vehicle that is approaching so closely as to
be in an immediate hazard t0 the operator’s movement in Violation of Texas
Transportation Code § 545.153;
(f) In recklessly engaging in conduct that placed another in imminent danger 0f
serious bodily injury in Violation of Texas Transportation Code
§ 545.421 (d),-
(g) In recklessly damaging 0r destroying the property 0f another in Violation of
Texas Penal Code § 28.04;
(h) Failing to take the proper evasive action t0 avoid the Collision;
Failing t0 keep a proper lookout for Plaintiff’s safety that would have been
maintained by a driver 0f ordinary prudence under the same or similar
circumstances;
(j) Failing t0 drive in a reasonable and prudent manner;
(k) Failing to maintain control of his vehicle;
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Page 3
(1) Failing to exercise the degree of care as would have been exercised by a driver
0f ordinary prudence under the same 0r similar circumstances; and
(m) Failing to regard the safety and welfare 0f other drivers and pedestrians.
13. The acts and/or omissions of Defendant Mason constitute negligence. The conduct of
Defendant Mason was therefore a proximate cause of injuries and damages sustained by Plaintiff.
B. Negligence Per Se 0f Defendant
14. Defendant Mason’s conduct, as described herein, constitutes an unexcused breach of
duty imposed by the traffic laws and regulations 0f the State 0f Texas and Dallas County including,
but not limited t0, the Texas Transportation Code and Texas Penal Code as outlined herein.
15. Plaintiff is a member of the class of drivers and passengers using the roads and
highways of Texas and Dallas County that these laws and regulations were designed t0 protect.
16. Defendant Mason’s unexcused breach of the duty imposed by these laws and
regulations proximately caused Plaintiff’ s injuries described herein.
DAMAGES OF PLAINTIFF
17. As a direct and proximate result 0f the occurrence made the basis of this lawsuit and
Defendants’ acts and omissions, as described herein, Plaintiff has suffered damages.
18. As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiff has or will suffer the following damages:
(a) Medical expenses incurred in the past;
(b) Medical expenses that, in reasonable probability, Plaintiff will suffer in the
future;
(c) Physical pain and suffering;
(d) Physical pain and suffering that, in reasonable probability, Plaintiff will suffer
in the future;
(e) Physical impairment;
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Page 4
(f) Lost wages in the past;
(g) Lost wages that, inreasonable probability, Plaintiff will suffer in the future; and
(h) Mental anguish;
19. By reason of the above, Plaintiff has suffered losses and damages in a sum Within the
jurisdictional limits of the Court and for which this lawsuit is brought.
CONDITIONS PRECEDENT
20. Plaintiff has served Defendant with notice 0f this claim, including documentation and
a detailed proof of loss. A11 other conditions precedent to maintaining this cause 0f action have been
performed 01"have otherwise occurred.
JURY DEMAND
21. Plaintiff hereby respectfully demands a trial by jury and tenders the appropriate fee
contemporaneous With the filing 0f this action.
REQUEST FOR DISCLOSURE
22. Pursuant t0 Rule 194, Defendant is hereby requested t0 disclose the information 0r
material described in Rule 194.2 (a)-(1) Within 50 days of the service 0f this request.
INTENT TO USE DEFENDANTS’ DOCUMENTS
23. In accordance with Texas Rules 0f Civil Procedure 193.7, any documents produced by
Defendant in response t0 written discovery will be used by Plaintiff at any pre-trial proceeding or trial.
PRAYER AND REQUEST FOR RELIEF
24. For the foregoing reasons, Plaintiff request that the Court issue citation for Defendant
to appear and answer, and that Plaintiff recovers judgment against Defendant for the following:
(a) alldamages requested;
(b) pre-judgment and post-judgment interest as provided by law;
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Page 5
(c) costs 0f court;
(d) such other and further relief, at law 0r in equity, t0 which Plaintiffs are justly
entitled.
Respectfully submitted,
DOUGLAS LAW FIRM, PLLC
/s/Eric Douglas
ERIC DOUGLAS
Texas Bar N0. 24097620
P.O. Box 632271
Irving, TX 75063
Phone:214.301.0336
Fax: 214.245.5910
E-Mail: eric@lawdouglas.com
ATTORNEY FOR PLAINTIFF
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
Page 6
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FILED 7/9/2020 4:58PM 1 CIT/ ESERVE (JURY DEMAND) DlgTEaLfgrcPL'EEE Dlgféfg'TAcTEEE DALLAS CO.,TEXAS JAVIER HERNANDEZ DEPUTY 0020-09392 CAUSE N0. EDITH HERNANDEZ § 1N THE DISTRICT COURT § Plaintiff, § 134TH § vs. § JUDICIAL DISTRICT § FREDDIE MASON, JR. § § Defendant. § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, EDITH HERNANDEZ, “Plaintiff”, in the above-styled action and files this Original Petition and Request for Disclosure, complaining 0f FREDDIE ofFREDDIE MASON, JR., and in support would respectfillly respectfully show this Court the following: DISCOVERY-CONTROL PLAN 1. Plaintiff intends to conduct discovery under Level 2 of Rule 190.3 0f the Texas Rules of of Civil Procedure, and affirmatively plead that this suit is not governed by the expedited actions process in Texas Rules of Civil Procedure 169 because Plaintiffs seek monetary relief over $100,000. RELIEF 2. Plaintiff seeks monetary relief over $100,000 but not more than $200,000, including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees. The damages sought in this action are within the jurisdictional limits 0f of the court. Tex. R. Civ. P. 4 7(c) 7(0) (3). PARTIES 3. Plaintiff EDITH HERNANDEZ (hereinafter “Plaintiff”) “Plaintiff’) is an individual residing in Dallas County, Texas. The last three digits 0f her Texas identification number are 940. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 1 4. Defendant FREDDIE MASON, JR. (hereinafter “Defendant” 0r “Defendant Mason”) is an individual residing in Dallas, Dallas County, Texas and may be served with process at 2196 Aspen Drive, Dallas, Texas 75227, 0r wherever he may be found, by private process. JURISDICTION AND VENUE 5. This Court has jurisdiction over the parties and the matter in controversy is within the jurisdictional limits of this Court. Pursuant t0 § 15.002 0f the Texas Civil Practice and Remedies Code, venue is proper in Dallas County because Dallas County is the county in Which all, or a substantial part, of the events or omissions giving rise to the claim occurred. FACTUAL BACKGROUND 6. On October 10, 2019, at or about 7:59 p.m., Plaintiff was driving her vehicle through an intersection in Dallas, Dallas County, Texas With a solid green signal light. 7. Plaintiff was in the middle 0f the intersection when suddenly and without any warning a Ford Crown Victoria car (the “Offending vehicle”) driven by Defendant Mason entered the intersection. 8. Defendant Mason did not have a solid green signal arrow when he entered the intersection to tun left. Defendant Mason, driving the Offending vehicle, failed t0 yield the right of way and Violently collided With Plaintiff in the middle 0f the intersection (the “Collision”) causing injuries and damages to Plaintiff. CAUSES OF ACTION A. Negligence of Defendant 9. Plaintiff realleges and incorporate by reference the preceding paragraphs for all purposes the same as if set forth herein. PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 2 10. Defendant Mason had a duty to exercise the degree 0f care that a reasonably careful person would use t0 avoid harm t0 others under circumstances similar to those described herein. 11. Plaintiff’ s injuries were proximately caused by Defendant Mason’s negligent, careless, and reckless disregard 0f said duty. 12. The negligent, careless, and reckless disregard 0f duty of Defendant Mason consisted of, but is not limited t0, the following Violations 0f Texas state law, acts and omissions: (a) Failing t0 reduce the speed 0f the Offending vehicle for special hazards in Violation 0f Texas Transportation Code § 545.351; (b) A willful and wanton disregard for the safety 0f persons and property in Violation 0f Texas Transportation Code § 545.401 (a); (C) Failing to comply with an official traffic—control device in Violation 0f the Texas Transportation Code § 544. 004(a); (d) Failing t0 stop, yield, and grant immediate use 0f the intersection in obedience t0 an official traffic-control device in Violation 0f the Texas Transportation Code § 545.151(a)(1)(A); (e) Failing t0 yield the right 0f way to a vehicle that is approaching so closely as to be in an immediate hazard t0 the operator’s movement in Violation of Texas Transportation Code § 545.153; (f) In recklessly engaging in conduct that placed another in imminent danger 0f serious bodily injury in Violation of Texas Transportation Code § 545.421 (d),- (g) In recklessly damaging 0r destroying the property 0f another in Violation of Texas Penal Code § 28.04; (h) Failing to take the proper evasive action t0 avoid the Collision; Failing t0 keep a proper lookout for Plaintiff’s safety that would have been maintained by a driver 0f ordinary prudence under the same or similar circumstances; (j) Failing t0 drive in a reasonable and prudent manner; (k) Failing to maintain control of his vehicle; PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 3 (1) Failing to exercise the degree of care as would have been exercised by a driver 0f ordinary prudence under the same 0r similar circumstances; and (m) Failing to regard the safety and welfare 0f other drivers and pedestrians. 13. The acts and/or omissions of Defendant Mason constitute negligence. The conduct of Defendant Mason was therefore a proximate cause of injuries and damages sustained by Plaintiff. B. Negligence Per Se 0f Defendant 14. Defendant Mason’s conduct, as described herein, constitutes an unexcused breach of duty imposed by the traffic laws and regulations 0f the State 0f Texas and Dallas County including, but not limited t0, the Texas Transportation Code and Texas Penal Code as outlined herein. 15. Plaintiff is a member of the class of drivers and passengers using the roads and highways of Texas and Dallas County that these laws and regulations were designed t0 protect. 16. Defendant Mason’s unexcused breach of the duty imposed by these laws and regulations proximately caused Plaintiff’ s injuries described herein. DAMAGES OF PLAINTIFF 17. As a direct and proximate result 0f the occurrence made the basis of this lawsuit and Defendants’ acts and omissions, as described herein, Plaintiff has suffered damages. 18. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff has or will suffer the following damages: (a) Medical expenses incurred in the past; (b) Medical expenses that, in reasonable probability, Plaintiff will suffer in the future; (c) Physical pain and suffering; (d) Physical pain and suffering that, in reasonable probability, Plaintiff will suffer in the future; (e) Physical impairment; PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 4 (f) Lost wages in the past; (g) Lost wages that, inreasonable probability, Plaintiff will suffer in the future; and (h) Mental anguish; 19. By reason of the above, Plaintiff has suffered losses and damages in a sum Within the jurisdictional limits of the Court and for which this lawsuit is brought. CONDITIONS PRECEDENT 20. Plaintiff has served Defendant with notice 0f this claim, including documentation and a detailed proof of loss. A11 other conditions precedent to maintaining this cause 0f action have been performed 01"have otherwise occurred. JURY DEMAND 21. Plaintiff hereby respectfully demands a trial by jury and tenders the appropriate fee contemporaneous With the filing 0f this action. REQUEST FOR DISCLOSURE 22. Pursuant t0 Rule 194, Defendant is hereby requested t0 disclose the information 0r material described in Rule 194.2 (a)-(1) Within 50 days of the service 0f this request. INTENT TO USE DEFENDANTS’ DOCUMENTS 23. In accordance with Texas Rules 0f Civil Procedure 193.7, any documents produced by Defendant in response t0 written discovery will be used by Plaintiff at any pre-trial proceeding or trial. PRAYER AND REQUEST FOR RELIEF 24. For the foregoing reasons, Plaintiff request that the Court issue citation for Defendant to appear and answer, and that Plaintiff recovers judgment against Defendant for the following: (a) alldamages requested; (b) pre-judgment and post-judgment interest as provided by law; PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 5 (c) costs 0f court; (d) such other and further relief, at law 0r in equity, t0 which Plaintiffs are justly entitled. Respectfully submitted, DOUGLAS LAW FIRM, PLLC /s/Eric Douglas ERIC DOUGLAS Texas Bar N0. 24097620 P.O. Box 632271 Irving, TX 75063 Phone:214.301.0336 Fax: 214.245.5910 E-Mail: eric@lawdouglas.com ATTORNEY FOR PLAINTIFF PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE Page 6