Preview
4/19/2021 3:15 PM
Marilyn Burgess -District Clerk Harris County
Envelope No. 52600740
2021-23140 / Court: 165 By: Maria Rodriguez
Filed: 4/19/2021 3:15 PM
CAUSE NO.
TAMBRA KANADY and IN THE DISTRICT COURT OF
AYESHA HENRY
VS. HARRIS COUNTY, TEXAS
ALLSTATE INSURANCE COMPANY
____ JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION AND RE UEST FOR DISCLOSURE
TO THE HONORABLE COURT:
COME NOW, TAMBRA KANADY and AYESHA HENRY, hereinafter referred to as
Plaintiffs, and file this Original Petition and Request for Disclosure complaining of ALLSTATE
INSURANCE COMPANY, hereinafter referred to as Defendant, and in support hereof alleges as
follows
I. DISCOVERY
Plaintiff requests discovery be conducted under Level 3 as set forth in Texas Rule of Civil
Procedure 190.4.
IL. VENUE
Plaintiff, TAMBRA KANADY, is an individual residing in Houston, Harris County,
Texas (TXDL: #####010; SSN: ###-##-#626)
Plaintiff, AYESHA HENRY, is an individual residing in Houston, Harris County, Texas
(TXDL: #4552; SSN: ###H-HH-#839).
Defendant, ALLSTATE INSURANCE COMPANY, is an insurance company licensed to
do business in the State of Texas. This Defendant may be served with due process herein by
serving its registered agent C T CORPORATION SYSTEM, 1999 Bryan St., Ste. 900, Dallas,
TX 75201-3136. Please issue a citation for this defendant at this time.
Page 1 of 10
Venue is proper in Harris County because the incident made the basis of this suit
occurred in Harris County, Texas. The Court has personal jurisdiction over ALLSTATE
INSURANCE COMPANY because it is a domestic corporation. The amount in controversy
exceeds the minimum requirements of this court
Il. FACTS
This lawsuit results from a motor vehicle collision that occurred on or about September
14, 2019 in which Plaintiffs were injured by a third-party driver. The third-party driver was
uninsured and unable to compensate for Plaintiffs’ damages.
ALLSTATE INSURANCE COMPANY issued a policy of insurance to TAMBRA
KANADY, policy number 844962518, which provided uninsured/under insured motorist vehicle
coverage. On the date of the incident made the basis of this suit, AYESHA HENRY was a
covered person under the terms of the policy because she was an occupant of a vehicle that was
covered by the insurance policy and is therefore entitled to coverage afforded by the insurance.
Plaintiffs timely notified Defendant, ALLSTATE INSURANCE COMPANY of their
claims. Despite receipt of Plaintiffs’ claim and Plaintiffs providing Defendant with proof of
damages, Defendant has refused to tender policy limits. The policy limits were denied on March
3, 2021, by adjuster MARK E. JOHNSON for Defendant ALLSTATE INSURANCE
COMPANY.
Plaintiffs have made claims for their injuries and damages on his ALLSTATE
INSURANCE COMPANY Uninsured Motorist contract to provide for their injuries and losses
sustained in an accident where the responsible parties are uninsured. ALLSTATE INSURANCE
COMPANY has unreasonably and in bad faith refused to enter a fair settlement. This is unjust in
light of Plaintiffs’ losses in the past and in the future.
Page 2 of 10
IV. CAUSES OF ACTION
1.Breach of Contract
Plaintiffs sue for coverage under this contract of insurance with ALLSTATE
INSURANCE COMPANY; all conditions precedent to filing of this suit has been met and
despite timely written claims and demands under the policy, ALLSTATE INSURANCE
COMPANY has failed to pay the benefits due. ALLSTATE INSURANCE COMPANY’s
actions amount to, among other things, a breach of contract. Accordingly, Plaintiffs seek
damages and attorneys fees from ALLSTATE INSURANCE COMPANY for breach of contract.
2.Violation of Texas Deceptive Trade Practices Act
Plaintiffs asserts that the Defendant engaged in false, misleading, deceptive acts and
practices, as defined by the Texas Deceptive Trade Practices Act (“DTPA"), Tex. Bus. & Com.
Code Am §17.41 e/. seg., more specifically stated as follows:
§17.46(b)(5): representing that goods or services have sponsorship, approval,
characteristics, ingredients, uses, benefits, or quantities which they do not
have or that a person has sponsorship, approval, status, affiliation, or
connection which he does not;
§17.46(b)(7): representing that goods or services are of a particular standard, quality, or
grade, or that goods are of a particular style or model if they are of
another;
§17.46(b)(12): representing that an agreement confers or involves rights, remedies, or
obligations which it does not have or involve;
§17.50(a)(2): breach of express or implied warranties; and
§17.50(a)(3): that the acts or omissions complained of were unconscionable
Page 3 of 10
Plaintiffs would further show that the ALLSTATE INSURANCE COMPANY’: acts and
practices, which were the producing cause of Plaintiffs’ damages, were committed knowingly
and intentionally ALLSTATE INSURANCE COMPANY’s fraudulent and deceptive conduct
and the resulting damage and loss to Plaintiffs have necessitated Plaintiffs’ retention of the
undersigned attorney. Pursuant to Tex. Bus. & Com. Code Ann. § 17.50(d), Plaintiff is entitled
to recover attorney's fees that are reasonable and necessary for the preparation and trial of this
cause as well as reasonable and necessary fees for appellate services expended in connection
with this suit.
3.Breach of the Duty of Good Faith and Fair Dealing.
Prior to filing this action, Plaintiffs notified ALLSTATE INSURANCE COMPANY of
his claim under the underinsured motorist provision of the policy and all conditions precedent to
obtaining benefits had been met. Plaintiffs provided ALLSTATE INSURANCE COMPANY
documentation and information reasonably necessary for the evaluation of his claim. Despite
this, ALLSTATE INSURANCE COMPANY refused to pay the proper and reasonable value of
Plaintiffs’ claim.
Plaintiffs would further show that ALLSTATE INSURANCE COMPANY breached the
common law duty of good faith and fair dealing in the following respects:
a. by denying payments on the full value of Plaintiffs’ claims when there was no
reasonable basis for such denial; and
by withholding payment of the claim when ALLSTATE INSURANCE
COMPANY knew or should have known that there was no reasonable basis for
doing so.
The evidence in this case establishes that ALLSTATE INSURANCE COMPANY
breached their duty to act in good faith and fairly deal with Plaintiffs in that ALLSTATE
INSURANCE COMPANY has no reasonable basis for refusing to meet their obligations to pay
Page 4 of 10
under the Uninsured Motorist protection. As a consequence, ALLSTATE INSURANCE
COMPANY is liable for actual damages, punitive damages and other relief as pled for in this
petition
4.Exemplary Damage:
The conduct of ALLSTATE INSURANCE COMPANY in failing to properly investigate,
process, evaluate and engage in good faith settlement negotiations constitutes a conscious
disregard of the rights of the Plaintiffs ALLSTATE INSURANCE COMPANY was both
grossly negligent and recklessly indifferent to Plaintiffs’ rights in refusing to pay the uninsured
limits on his claims. Indeed, ALLSTATE INSURANCE COMPANY’ actions and behavior are
such for which the law allows the imposition of exemplary damages under the common law
theories of the violation of the duty of good faith and fair dealing, and as a result of the breach of
ALLSTATE INSURANCE COMPANY’s fiduciary duty to Plaintiffs. Accordingly, Plaintiffs
seek exemplary damages from ALLSTATE INSURANCE COMPANY.
5.Violations and Liability under the Texas Insurance Code
This suit is brought against ALLSTATE INSURANCE COMPANY, in part, pursuant to
the Texas Insurance Code. Written notice has been provided in accordance with the Texas
Insurance Code.
The evidence will show that ALLSTATE INSURANCE COMPANY participated in
unfair claims settlement practices as articulated in TEX. INS. CODE § 541.060. Further, under the
holding of Vail v. Texas Farm Bureau Mutual Insurance Company, 754 S.W.2d 129 (Tex. 1988),
violations of the Texas Insurance Code and/or rules or regulations issued by The State Board of
Insurance create liability under the DTPA, in addition to all penalties and liabilities articulated in
Page 5 of 10
the Texas Insurance Code. This liability includes but is not limited to ALLSTATE
INSURANCE COMPANY’: failure to attempt in good faith to effectuate a prompt fair and
equitable settlement of the claim made by Plaintiffs Further, ALLSTATE INSURANCE
COMPANY is liable for damages under the provisions of TEX. INS. CODE § 541
Defendant ALLSTATE INSURANCE COMPANY breached its duty of good faith and
fair dealing as provided by the Insurance Code when it unreasonably refused to compensate
Plaintiffs for their injuries and damages incurred as a result of the automobile collision
Specifically, ALLSTATE INSURANCE COMPANY failed to attempt in good faith to effectuate
a prompt, fair and equitable settlement of a claim with respect to which the insurer’s liability has
become reasonably clear Further, ALLSTATE INSURANCE COMPANY failed to provide
promptly to Plaintiffs a reasonable explanation of the basis in the policy, in relation to the facts
or applicable law, for the insurer’s refusal to pay the claim. Plaintiffs would further show that
ALLSTATE INSURANCE COMPANY refused to pay the reasonable value of a claim without
conducting a reasonable investigation with respect to the claim. Also, ALLSTATE
INSURANCE COMPANY had actual awareness of the unfairness of their unreasonable refusal
to compensate Plaintiffs.
ALLSTATE INSURANCE COMPANY’s actions and omissions in connection with its
unfair settlement practices were a producing cause of Plaintiffs’ actual damages. Pursuant to the
Insurance Code, Plaintiff is entitled to actual damages, treble damages, costs of court and
attorneys fees.
6.Misrepresentation and Fraud
Plaintiffs allege that the representations made by Defendant ALLSTATE INSURANCE
COMPANY concerning coverage under the Uninsured Motorist coverage were
Page 6 of 10
misrepresentations and constitute fraud in that the representations were material, were false when
made or were made recklessly and that Plaintiff relied on such representations and as a result
suffered injuries and damages.
Vv. DAMAGES
As a direct and proximate result of ALLSTATE INSURANCE COMPANY’s breach of
contract, breach of the duty of goof faith and breach of fiduciary duty violations of the Texas
Insurance Code and violations of the Deceptive Trade Practices Acts, Plaintiffs suffered
damages.
Plaintiffs seek to recover damages within the jurisdictional limits of this Court.
Plaintiffs also seek damages for his injuries by way of pre-judgment and post-judgment
interest payments for all damages he has suffered and that have accrued by the time of judgment.
In accordance with the Texas Rules of Civil Procedure Plaintiff individually seek monetary
relief over $250,000.00 but not more than $1,000,000.00.
Plaintiff is entitled to the following
1. Medical Expenses and Physical Impairment
Plaintiffs have incurred past and current expenses for medical cure Reasonable and
necessary expenses for medical care have been incurred by and on Plaintiffs’ behalf. Plaintiffs
will require future medical cure for his injuries as a result of this incident. These expenses were
incurred for necessary care and treatment of the injuries resulting from the incident made the
basis of this suit. The charges were reasonable and they were the customary charges for such
service in and around the state of Texas. In reasonable probability such expenses will continue
to be incurred in the future.
To the extent that Plaintiffs had any pre-existing condition at the time of the occurrence in
Page 7 of 10
question, the same was not disabling, and he would respectfully show that such pre-existing
condition, if any, was aggravated by the incident made the basis of this suit to such an extent that
it became disabling, bringing about the necessity of medical treatment.
2. Lost Wage:
As a result of the accident, Plaintiffs have lost wages and in all probability will continue
to lose wages due to ongoing medical treatment
While Plaintiffs have sustained actual damages exceeding the jurisdictional limits of this
court, they desires to leave the total amount of these damages to the sole determination of a jury,
based upon the credible evidence developed at trial, without regard to sympathy, prejudice or
bias.
3. Statutory Damage:
As a result of Defendant ALLSTATE INSURANCE COMPANY’s actions and/or
omissions, and/or the acts/omissions of its agents, Plaintiffs are entitled to statutory damages as
provided for in various statutes, including buy not limited to the Texas Insurance Code and the
Texas Deceptive Trade Practices Act.
4, Mental Anguish
As a result of Defendant ALLSTATE INSURANCE COMPANY’s action and/or
omissions, and/or the acts/omissions of its agents, Plaintiffs have suffered, and are entitled to
recover for, mental anguish.
5. Pain and Suffering
Plaintiffs have incurred physical and mental distress suffered from their injuries.
Page 8 of 10
VI. REQUEST FOR DISCLOSURE
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiffs request disclosure,
at or within thirty (30) days after the filing of the first answer, the information or material
described in Rule 194.2 (a) — (b12) of the Texas Rules of Civil Procedure.
VI. NOTICE
Plaintiffs hereby give notice of intent to utilize items produced in discovery in the trial of
this matter and the authenticity of such items is self-proven per the Zexas Rules of Civil Procedure
193.7
VIL. JURY DEMAND
Plaintiffs demands a trial by jury and has tendered the appropriate fee.
IX. PRAYER
WHEREFORE, Plaintiffs request that Defendant be cited to appear and answer, and that,
after trial, Plaintiffs have judgment against Defendant for:
Damages in an amount within the jurisdiction of the Court in recompense for
Plaintiffs’ suffering personal injuries and their consequences, resulting in past and
future: a) medical expenses; b) pain and suffering; c) mental anguish, d) loss of
earning capacity, and e) permanent physical impairment and loss of body
function;
All damages recoverable pursuant to all statutes cited herein, including, but not
limited to treble damages;
Reasonable attorney’s fees;
Prejudgment interest as provided by law;
Post-judgment interest as provided by law from the date of judgment until paid;
and
For such other and further relief, both general and special, at law or in equity, to
which Plaintiffs may show himself justly entitled.
Page 9 of 10
Respectfully submitted,
SCHECHTER McELWEE, SHAFFER & HARRIS, L.L.P.
/s/ Gabriel A. Gonzalez
GABRIEL A. GONZALEZ
TBA #24103735
3200 Travis, 3rd Floor
Houston, Texas 77006
713 524 3500
866-757-1011 Direct Fax
ggonzalez@smslegal.com
ATTORNEYS FOR PLAINTIFF
Page 10 of 10
Preview
4/19/2021 3:15 PM Marilyn Burgess -District Clerk Harris County Envelope No. 52600740 2021-23140 / Court: 165 By: Maria Rodriguez Filed: 4/19/2021 3:15 PM CAUSE NO. TAMBRA KANADY and IN THE DISTRICT COURT OF AYESHA HENRY VS. HARRIS COUNTY, TEXAS ALLSTATE INSURANCE COMPANY ____ JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION AND RE UEST FOR DISCLOSURE TO THE HONORABLE COURT: COME NOW, TAMBRA KANADY and AYESHA HENRY, hereinafter referred to as Plaintiffs, and file this Original Petition and Request for Disclosure complaining of ALLSTATE INSURANCE COMPANY, hereinafter referred to as Defendant, and in support hereof alleges as follows I. DISCOVERY Plaintiff requests discovery be conducted under Level 3 as set forth in Texas Rule of Civil Procedure 190.4. IL. VENUE Plaintiff, TAMBRA KANADY, is an individual residing in Houston, Harris County, Texas (TXDL: #####010; SSN: ###-##-#626) Plaintiff, AYESHA HENRY, is an individual residing in Houston, Harris County, Texas (TXDL: #4552; SSN: ###H-HH-#839). Defendant, ALLSTATE INSURANCE COMPANY, is an insurance company licensed to do business in the State of Texas. This Defendant may be served with due process herein by serving its registered agent C T CORPORATION SYSTEM, 1999 Bryan St., Ste. 900, Dallas, TX 75201-3136. Please issue a citation for this defendant at this time. Page 1 of 10 Venue is proper in Harris County because the incident made the basis of this suit occurred in Harris County, Texas. The Court has personal jurisdiction over ALLSTATE INSURANCE COMPANY because it is a domestic corporation. The amount in controversy exceeds the minimum requirements of this court Il. FACTS This lawsuit results from a motor vehicle collision that occurred on or about September 14, 2019 in which Plaintiffs were injured by a third-party driver. The third-party driver was uninsured and unable to compensate for Plaintiffs’ damages. ALLSTATE INSURANCE COMPANY issued a policy of insurance to TAMBRA KANADY, policy number 844962518, which provided uninsured/under insured motorist vehicle coverage. On the date of the incident made the basis of this suit, AYESHA HENRY was a covered person under the terms of the policy because she was an occupant of a vehicle that was covered by the insurance policy and is therefore entitled to coverage afforded by the insurance. Plaintiffs timely notified Defendant, ALLSTATE INSURANCE COMPANY of their claims. Despite receipt of Plaintiffs’ claim and Plaintiffs providing Defendant with proof of damages, Defendant has refused to tender policy limits. The policy limits were denied on March 3, 2021, by adjuster MARK E. JOHNSON for Defendant ALLSTATE INSURANCE COMPANY. Plaintiffs have made claims for their injuries and damages on his ALLSTATE INSURANCE COMPANY Uninsured Motorist contract to provide for their injuries and losses sustained in an accident where the responsible parties are uninsured. ALLSTATE INSURANCE COMPANY has unreasonably and in bad faith refused to enter a fair settlement. This is unjust in light of Plaintiffs’ losses in the past and in the future. Page 2 of 10 IV. CAUSES OF ACTION 1.Breach of Contract Plaintiffs sue for coverage under this contract of insurance with ALLSTATE INSURANCE COMPANY; all conditions precedent to filing of this suit has been met and despite timely written claims and demands under the policy, ALLSTATE INSURANCE COMPANY has failed to pay the benefits due. ALLSTATE INSURANCE COMPANY’s actions amount to, among other things, a breach of contract. Accordingly, Plaintiffs seek damages and attorneys fees from ALLSTATE INSURANCE COMPANY for breach of contract. 2.Violation of Texas Deceptive Trade Practices Act Plaintiffs asserts that the Defendant engaged in false, misleading, deceptive acts and practices, as defined by the Texas Deceptive Trade Practices Act (“DTPA"), Tex. Bus. & Com. Code Am §17.41 e/. seg., more specifically stated as follows: §17.46(b)(5): representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have or that a person has sponsorship, approval, status, affiliation, or connection which he does not; §17.46(b)(7): representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model if they are of another; §17.46(b)(12): representing that an agreement confers or involves rights, remedies, or obligations which it does not have or involve; §17.50(a)(2): breach of express or implied warranties; and §17.50(a)(3): that the acts or omissions complained of were unconscionable Page 3 of 10 Plaintiffs would further show that the ALLSTATE INSURANCE COMPANY’: acts and practices, which were the producing cause of Plaintiffs’ damages, were committed knowingly and intentionally ALLSTATE INSURANCE COMPANY’s fraudulent and deceptive conduct and the resulting damage and loss to Plaintiffs have necessitated Plaintiffs’ retention of the undersigned attorney. Pursuant to Tex. Bus. & Com. Code Ann. § 17.50(d), Plaintiff is entitled to recover attorney's fees that are reasonable and necessary for the preparation and trial of this cause as well as reasonable and necessary fees for appellate services expended in connection with this suit. 3.Breach of the Duty of Good Faith and Fair Dealing. Prior to filing this action, Plaintiffs notified ALLSTATE INSURANCE COMPANY of his claim under the underinsured motorist provision of the policy and all conditions precedent to obtaining benefits had been met. Plaintiffs provided ALLSTATE INSURANCE COMPANY documentation and information reasonably necessary for the evaluation of his claim. Despite this, ALLSTATE INSURANCE COMPANY refused to pay the proper and reasonable value of Plaintiffs’ claim. Plaintiffs would further show that ALLSTATE INSURANCE COMPANY breached the common law duty of good faith and fair dealing in the following respects: a. by denying payments on the full value of Plaintiffs’ claims when there was no reasonable basis for such denial; and by withholding payment of the claim when ALLSTATE INSURANCE COMPANY knew or should have known that there was no reasonable basis for doing so. The evidence in this case establishes that ALLSTATE INSURANCE COMPANY breached their duty to act in good faith and fairly deal with Plaintiffs in that ALLSTATE INSURANCE COMPANY has no reasonable basis for refusing to meet their obligations to pay Page 4 of 10 under the Uninsured Motorist protection. As a consequence, ALLSTATE INSURANCE COMPANY is liable for actual damages, punitive damages and other relief as pled for in this petition 4.Exemplary Damage: The conduct of ALLSTATE INSURANCE COMPANY in failing to properly investigate, process, evaluate and engage in good faith settlement negotiations constitutes a conscious disregard of the rights of the Plaintiffs ALLSTATE INSURANCE COMPANY was both grossly negligent and recklessly indifferent to Plaintiffs’ rights in refusing to pay the uninsured limits on his claims. Indeed, ALLSTATE INSURANCE COMPANY’ actions and behavior are such for which the law allows the imposition of exemplary damages under the common law theories of the violation of the duty of good faith and fair dealing, and as a result of the breach of ALLSTATE INSURANCE COMPANY’s fiduciary duty to Plaintiffs. Accordingly, Plaintiffs seek exemplary damages from ALLSTATE INSURANCE COMPANY. 5.Violations and Liability under the Texas Insurance Code This suit is brought against ALLSTATE INSURANCE COMPANY, in part, pursuant to the Texas Insurance Code. Written notice has been provided in accordance with the Texas Insurance Code. The evidence will show that ALLSTATE INSURANCE COMPANY participated in unfair claims settlement practices as articulated in TEX. INS. CODE § 541.060. Further, under the holding of Vail v. Texas Farm Bureau Mutual Insurance Company, 754 S.W.2d 129 (Tex. 1988), violations of the Texas Insurance Code and/or rules or regulations issued by The State Board of Insurance create liability under the DTPA, in addition to all penalties and liabilities articulated in Page 5 of 10 the Texas Insurance Code. This liability includes but is not limited to ALLSTATE INSURANCE COMPANY’: failure to attempt in good faith to effectuate a prompt fair and equitable settlement of the claim made by Plaintiffs Further, ALLSTATE INSURANCE COMPANY is liable for damages under the provisions of TEX. INS. CODE § 541 Defendant ALLSTATE INSURANCE COMPANY breached its duty of good faith and fair dealing as provided by the Insurance Code when it unreasonably refused to compensate Plaintiffs for their injuries and damages incurred as a result of the automobile collision Specifically, ALLSTATE INSURANCE COMPANY failed to attempt in good faith to effectuate a prompt, fair and equitable settlement of a claim with respect to which the insurer’s liability has become reasonably clear Further, ALLSTATE INSURANCE COMPANY failed to provide promptly to Plaintiffs a reasonable explanation of the basis in the policy, in relation to the facts or applicable law, for the insurer’s refusal to pay the claim. Plaintiffs would further show that ALLSTATE INSURANCE COMPANY refused to pay the reasonable value of a claim without conducting a reasonable investigation with respect to the claim. Also, ALLSTATE INSURANCE COMPANY had actual awareness of the unfairness of their unreasonable refusal to compensate Plaintiffs. ALLSTATE INSURANCE COMPANY’s actions and omissions in connection with its unfair settlement practices were a producing cause of Plaintiffs’ actual damages. Pursuant to the Insurance Code, Plaintiff is entitled to actual damages, treble damages, costs of court and attorneys fees. 6.Misrepresentation and Fraud Plaintiffs allege that the representations made by Defendant ALLSTATE INSURANCE COMPANY concerning coverage under the Uninsured Motorist coverage were Page 6 of 10 misrepresentations and constitute fraud in that the representations were material, were false when made or were made recklessly and that Plaintiff relied on such representations and as a result suffered injuries and damages. Vv. DAMAGES As a direct and proximate result of ALLSTATE INSURANCE COMPANY’s breach of contract, breach of the duty of goof faith and breach of fiduciary duty violations of the Texas Insurance Code and violations of the Deceptive Trade Practices Acts, Plaintiffs suffered damages. Plaintiffs seek to recover damages within the jurisdictional limits of this Court. Plaintiffs also seek damages for his injuries by way of pre-judgment and post-judgment interest payments for all damages he has suffered and that have accrued by the time of judgment. In accordance with the Texas Rules of Civil Procedure Plaintiff individually seek monetary relief over $250,000.00 but not more than $1,000,000.00. Plaintiff is entitled to the following 1. Medical Expenses and Physical Impairment Plaintiffs have incurred past and current expenses for medical cure Reasonable and necessary expenses for medical care have been incurred by and on Plaintiffs’ behalf. Plaintiffs will require future medical cure for his injuries as a result of this incident. These expenses were incurred for necessary care and treatment of the injuries resulting from the incident made the basis of this suit. The charges were reasonable and they were the customary charges for such service in and around the state of Texas. In reasonable probability such expenses will continue to be incurred in the future. To the extent that Plaintiffs had any pre-existing condition at the time of the occurrence in Page 7 of 10 question, the same was not disabling, and he would respectfully show that such pre-existing condition, if any, was aggravated by the incident made the basis of this suit to such an extent that it became disabling, bringing about the necessity of medical treatment. 2. Lost Wage: As a result of the accident, Plaintiffs have lost wages and in all probability will continue to lose wages due to ongoing medical treatment While Plaintiffs have sustained actual damages exceeding the jurisdictional limits of this court, they desires to leave the total amount of these damages to the sole determination of a jury, based upon the credible evidence developed at trial, without regard to sympathy, prejudice or bias. 3. Statutory Damage: As a result of Defendant ALLSTATE INSURANCE COMPANY’s actions and/or omissions, and/or the acts/omissions of its agents, Plaintiffs are entitled to statutory damages as provided for in various statutes, including buy not limited to the Texas Insurance Code and the Texas Deceptive Trade Practices Act. 4, Mental Anguish As a result of Defendant ALLSTATE INSURANCE COMPANY’s action and/or omissions, and/or the acts/omissions of its agents, Plaintiffs have suffered, and are entitled to recover for, mental anguish. 5. Pain and Suffering Plaintiffs have incurred physical and mental distress suffered from their injuries. Page 8 of 10 VI. REQUEST FOR DISCLOSURE Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiffs request disclosure, at or within thirty (30) days after the filing of the first answer, the information or material described in Rule 194.2 (a) — (b12) of the Texas Rules of Civil Procedure. VI. NOTICE Plaintiffs hereby give notice of intent to utilize items produced in discovery in the trial of this matter and the authenticity of such items is self-proven per the Zexas Rules of Civil Procedure 193.7 VIL. JURY DEMAND Plaintiffs demands a trial by jury and has tendered the appropriate fee. IX. PRAYER WHEREFORE, Plaintiffs request that Defendant be cited to appear and answer, and that, after trial, Plaintiffs have judgment against Defendant for: Damages in an amount within the jurisdiction of the Court in recompense for Plaintiffs’ suffering personal injuries and their consequences, resulting in past and future: a) medical expenses; b) pain and suffering; c) mental anguish, d) loss of earning capacity, and e) permanent physical impairment and loss of body function; All damages recoverable pursuant to all statutes cited herein, including, but not limited to treble damages; Reasonable attorney’s fees; Prejudgment interest as provided by law; Post-judgment interest as provided by law from the date of judgment until paid; and For such other and further relief, both general and special, at law or in equity, to which Plaintiffs may show himself justly entitled. Page 9 of 10 Respectfully submitted, SCHECHTER McELWEE, SHAFFER & HARRIS, L.L.P. /s/ Gabriel A. Gonzalez GABRIEL A. GONZALEZ TBA #24103735 3200 Travis, 3rd Floor Houston, Texas 77006 713 524 3500 866-757-1011 Direct Fax ggonzalez@smslegal.com ATTORNEYS FOR PLAINTIFF Page 10 of 10