Preview
FILED
6/17/2021 10:45 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Marcus Turner DEPUTY
DC-21-07696
CAUSE NO.
LIBERTY MUTUAL FIRE INSURANCE § IN THE DISTRICT COURT
COMPANY as Subrogee of LAS COLINAS §
INTERNATIONAL, INC., §
§
Plaintiff, §
§ DALLAS COUNTY, TEXAS
v. §
§
AML LOGISTIC CORPORATION, §
§
Defendant. § JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Liberty Mutual Fire Insurance Company, Real Party in Interest,
hereinafter referred to as “Plaintiff”, and files this its Original Petition in the above styled
and numbered cause complaining of Defendant, AML Logistic Corporation, hereinafter
referred to as “Defendant”, and would respectfully show the Court the following:
I.
DISCOVERY
Discovery in this suit is intended to be conducted under Level 2 of the T.R.C.P.
II.
PARTIES. IURISDICTION. AND VENUE
1. Subrogor, Las Colinas International, Inc., is a Texas company.
2. Plaintiff and Real Party in Interest, Liberty Mutual Fire Insurance Company, is an
insurance company doing business in the State of Texas.
3. Defendant, AlVIL Logistic Corporation, is a Foreign Corporation doing business in
the State of Texas but who does not maintain a designated agent for service of process.
Specific acts of the defendant which constitutes doing business in Texas includes, but are
not limited to, providing carrier service in Texas. Pursuance to Section 17.044(b) of the Civil
Practice 8c Remedies Code, the defendant may be duly served with citation by serving the
Texas Secretary of State, 1019 Brazos Street, Austin, Texas 78701. The home office address
of AML Logistic Corporation is 6919 Grovespring Drive, Rancho Palos Verdes, CA.
4. The “Property” in question is 1414 Round Table Dr., Dallas, TX 75247-3508.
5. Venue of this suit is proper in Dallas County, Texas, pursuant to Section 15.002 of
the Texas Civil Practice and Remedies Code because all or a substantial part of the events or
omissions giving rise to the claims made herein occurred in Dallas County.
6. The Court has jurisdiction over the controversy because the damages sued for are in
excess of the minimum jurisdictional limits of this Court.
III.
NOT T0 BE DISSEMINATED TO THE JURY
7. This is a subrogation matter. Plaintiff would show that Liberty Mutual Fire Insurance
Company, an insurance company doing business in the State of Texas, has paid for a portion
of the damages Las Colinas International, Inc. incurred and are entitled to seek recovery for
such damages against Defendants under contractual and equitable subrogation rights.
IV.
FACTUAL BACKGROUND
8. On June 20, 2019, a tractor trailer, owned by Defendant, prematurely pulled away
from a loading dock causing Insured’s forklift to fall, causing substantial damage.
9. As a result of Defendant’s negligence, Insured sustained damage to its forklift and
Plaintiff was obligated to pay under its insurance policy in an amount to be proven at trial.
V.
PLAINTIFF’S RULE 47 STATEMENT
10. Plaintiff seeks damages for property damage suffered as a result of Defendant AML
Logistic Corporation’s negligent, reckless and careless conduct while operating a motor
vehicle and causing the incident made the basis of this lawsuit. The damages sought by
Plaintiff are within the jurisdictional limits of the Court. Plaintiff seeks monetary relief of
less than $100,000.00, including damages of any kind, penalties, costs, expenses, pre-
judgment interest, and attorney’s fees. Plaintiff only sets forth this amount as it is required
by the Texas Rules of Civil Procedure. Plaintiff leaves the true amount of damages to the
sound discretion of a properly impaneled jury, or a judge should the parties consent to waive
their right to a trial by jury based upon the credible evidence. Plaintiff demands judgment
for all other relief for which the Court may its justly entitled.
CAUSES OF ACTION AvéAINST DEFENDANTS
11. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1-10.
Negligence
12. Defendant failed to take all precautions to avoid the incident.
13. Defendant failed to stop in time to avoid the accident.
14. Defendant failed to use reasonable care while operating the vehicle.
15. Defendant failed to use reasonable care in entrusting the vehicle to another.
16. Defendant failed to have proper control over the vehicle and/ or take evasion action
to avoid the accident.
17. Defendant knew or should have known that the conduct as described above would
likely result in damage and/ or injury to the Plaintiff.
VII.
DAMAGES
18. Suit is brought by liberty Mutual Fire Insurance Company to recover any and all
sums paid to Las Colinas International, Inc. as a result of the incident and who prays for a
judgment in its name.
VIII.
REQUEST FOR DISCLOSURE
19. Under the authority of Texas Rule of Civil Procedure 194, Plaintiff requests that
Defendant disclose, Within fifty (50) days of service of this petition and request, the
information or material described in Rule 194.2.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, Liberty Mutual Fire Insurance
Company, Real Party in Interest, requests that Defendant, AML Logistic Corporation, be
served with notice of the filing of this Original Petition, upon hearing, Plaintiff recovers:
1. A judgment against Defendant for actual damages for negligence in the
amounts pled for herein;
2. A judgment against Defendant for pre- and post-judgment interest as
allowed bylaw;
3. A judgment against Defendant for all court costs incurred by Plaintiff;
4. A judgment against Defendant both general and specific, at law or in equity,
to Which Plaintiff may be justly entitled.
Respectfully submitted,
LAW OFFICES OF KILPATRICK 8c HOLDER
BY:
Lorenzo Nieto
SBN: 24037183
PO Box 7217
London, KY 40742
Phone: (713) 546-2000
Fax: (855) 610-8083
Lorenzo.nieto@libertymutual.com
Alfomgy for Plaintifl
Liberty Mutual Fire Insurance Company
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Kelly Michie on behalf of Lorenzo Nieto
Bar No. 24037183
Kelly.Michie@libertymutual.com
Envelope ID: 54511147
Status as of 6/17/2021 10:59 AM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Kelly Michie kelly.michie@libertymutual.com 6/17/2021 10:45:07 AM SENT
Lorenzo Nieto lorenzo.nieto@libertymutual.com 6/17/2021 10:45:07 AM SENT
Preview
FILED 6/17/2021 10:45 AM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Marcus Turner DEPUTY DC-21-07696 CAUSE NO. LIBERTY MUTUAL FIRE INSURANCE § IN THE DISTRICT COURT COMPANY as Subrogee of LAS COLINAS § INTERNATIONAL, INC., § § Plaintiff, § § DALLAS COUNTY, TEXAS v. § § AML LOGISTIC CORPORATION, § § Defendant. § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, Liberty Mutual Fire Insurance Company, Real Party in Interest, hereinafter referred to as “Plaintiff”, and files this its Original Petition in the above styled and numbered cause complaining of Defendant, AML Logistic Corporation, hereinafter referred to as “Defendant”, and would respectfully show the Court the following: I. DISCOVERY Discovery in this suit is intended to be conducted under Level 2 of the T.R.C.P. II. PARTIES. IURISDICTION. AND VENUE 1. Subrogor, Las Colinas International, Inc., is a Texas company. 2. Plaintiff and Real Party in Interest, Liberty Mutual Fire Insurance Company, is an insurance company doing business in the State of Texas. 3. Defendant, AlVIL Logistic Corporation, is a Foreign Corporation doing business in the State of Texas but who does not maintain a designated agent for service of process. Specific acts of the defendant which constitutes doing business in Texas includes, but are not limited to, providing carrier service in Texas. Pursuance to Section 17.044(b) of the Civil Practice 8c Remedies Code, the defendant may be duly served with citation by serving the Texas Secretary of State, 1019 Brazos Street, Austin, Texas 78701. The home office address of AML Logistic Corporation is 6919 Grovespring Drive, Rancho Palos Verdes, CA. 4. The “Property” in question is 1414 Round Table Dr., Dallas, TX 75247-3508. 5. Venue of this suit is proper in Dallas County, Texas, pursuant to Section 15.002 of the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions giving rise to the claims made herein occurred in Dallas County. 6. The Court has jurisdiction over the controversy because the damages sued for are in excess of the minimum jurisdictional limits of this Court. III. NOT T0 BE DISSEMINATED TO THE JURY 7. This is a subrogation matter. Plaintiff would show that Liberty Mutual Fire Insurance Company, an insurance company doing business in the State of Texas, has paid for a portion of the damages Las Colinas International, Inc. incurred and are entitled to seek recovery for such damages against Defendants under contractual and equitable subrogation rights. IV. FACTUAL BACKGROUND 8. On June 20, 2019, a tractor trailer, owned by Defendant, prematurely pulled away from a loading dock causing Insured’s forklift to fall, causing substantial damage. 9. As a result of Defendant’s negligence, Insured sustained damage to its forklift and Plaintiff was obligated to pay under its insurance policy in an amount to be proven at trial. V. PLAINTIFF’S RULE 47 STATEMENT 10. Plaintiff seeks damages for property damage suffered as a result of Defendant AML Logistic Corporation’s negligent, reckless and careless conduct while operating a motor vehicle and causing the incident made the basis of this lawsuit. The damages sought by Plaintiff are within the jurisdictional limits of the Court. Plaintiff seeks monetary relief of less than $100,000.00, including damages of any kind, penalties, costs, expenses, pre- judgment interest, and attorney’s fees. Plaintiff only sets forth this amount as it is required by the Texas Rules of Civil Procedure. Plaintiff leaves the true amount of damages to the sound discretion of a properly impaneled jury, or a judge should the parties consent to waive their right to a trial by jury based upon the credible evidence. Plaintiff demands judgment for all other relief for which the Court may its justly entitled. CAUSES OF ACTION AvéAINST DEFENDANTS 11. Plaintiff incorporates by reference the factual allegations set forth in paragraphs 1-10. Negligence 12. Defendant failed to take all precautions to avoid the incident. 13. Defendant failed to stop in time to avoid the accident. 14. Defendant failed to use reasonable care while operating the vehicle. 15. Defendant failed to use reasonable care in entrusting the vehicle to another. 16. Defendant failed to have proper control over the vehicle and/ or take evasion action to avoid the accident. 17. Defendant knew or should have known that the conduct as described above would likely result in damage and/ or injury to the Plaintiff. VII. DAMAGES 18. Suit is brought by liberty Mutual Fire Insurance Company to recover any and all sums paid to Las Colinas International, Inc. as a result of the incident and who prays for a judgment in its name. VIII. REQUEST FOR DISCLOSURE 19. Under the authority of Texas Rule of Civil Procedure 194, Plaintiff requests that Defendant disclose, Within fifty (50) days of service of this petition and request, the information or material described in Rule 194.2. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, Liberty Mutual Fire Insurance Company, Real Party in Interest, requests that Defendant, AML Logistic Corporation, be served with notice of the filing of this Original Petition, upon hearing, Plaintiff recovers: 1. A judgment against Defendant for actual damages for negligence in the amounts pled for herein; 2. A judgment against Defendant for pre- and post-judgment interest as allowed bylaw; 3. A judgment against Defendant for all court costs incurred by Plaintiff; 4. A judgment against Defendant both general and specific, at law or in equity, to Which Plaintiff may be justly entitled. Respectfully submitted, LAW OFFICES OF KILPATRICK 8c HOLDER BY: Lorenzo Nieto SBN: 24037183 PO Box 7217 London, KY 40742 Phone: (713) 546-2000 Fax: (855) 610-8083 Lorenzo.nieto@libertymutual.com Alfomgy for Plaintifl Liberty Mutual Fire Insurance Company Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Kelly Michie on behalf of Lorenzo Nieto Bar No. 24037183 Kelly.Michie@libertymutual.com Envelope ID: 54511147 Status as of 6/17/2021 10:59 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Kelly Michie kelly.michie@libertymutual.com 6/17/2021 10:45:07 AM SENT Lorenzo Nieto lorenzo.nieto@libertymutual.com 6/17/2021 10:45:07 AM SENT