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CAUSE NO. 2021-34988
TIEN MANH NGUYEN IN THE DISTRICT COURT OF
Plaintiff
HARRIS COUNTY, TEXAS
TH
BANKOLE TOLULOPE ABIBAT § JUDICIAL DISTRICT
Defendant
FIRST AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW Plaintiff, Tien Manh Nguyen, hereinafter referred to as Plaintiff,
complaining of the Defendant driver and the owner of the vehicle, Bankole Tolulope Abibat,
hereinafter referred to as Defendant, and for cause of action would respectfully show unto the
Honorable Court and Jury as follows:
Plaintiff intends to conduct discovery under Level II as this suit is for damages in excess
Plaintiff, Tien Manh Nguyen, is a resident of Harris County, Texas. The last three
numbers of his driver’s license are xxx-xx-196.
Defendant, Bankole Tolulope Abibat is a resident of Harris County, Texas and has been
served with process at 19027 Walbrook Meadows Lane, Cypress, TX 77433.
Venue is proper in Harris County, Texas as to Defendant, Bankole Tolulope Abibat
pursuant to CPRC §15.002 (a)(1) as the crash giving rise to this claim occurred there.
On or about May 23 , 2021 at 12:57 PM, Tien Manh Nguyen sustained bodily injuries
and damages as a direct and proximate result of the negligence generally caused by the
Defendant. At such time Plaintiff, Tien Manh Nguyen was driving his vehicle east bound at
10100 Beechnut Street, in the outside lane while Bankole Tolulope Abibat was attempting to
exit the shopping center on the south side of the street. The Defendant, Bankole Tolulope Abibat
failed to yield when leaving the private drive and struck Plaintiff in the front right quarter area.
The Defendent, Bankole Tolulope Abibat, owner of the vehicle, provided statement to police that
she was the driver of the vehicle and provided her driver license and insurance information to the
officer.
The collision caused severe, disabling and permanent personal injuries and costs to
Plaintiff. Due to the severe bodily injuries, the Plaintiff is now under on-going medical
treatments and facing significant medical costs incurred. This incident and the injuries and
damages sustained by Plaintiff were all proximately caused by the negligence of Defendant,
Bankole Tolulope Abibat.
III.
Pleading in the alternative and without waiving the foregoing allegations of negligence
but still insisting upon same, Plaintiff would show that the collision described above, and the
injuries and damages sustained by Plaintiff were proximately caused by the negligent conduct of
Defendant Bankole Tolulope Abibat, in one or more of the following respects:
1. In failing to maintain such lookout as a person of ordinary prudence would have
maintained under the same or similar circumstances
2. In failing to apply the brakes to his vehicle in order to avoid the collision;
3. In failing to maintain proper control over the vehicle he was driving as a person of
ordinary prudence would have maintained under the same or similar circumstances;
4. In failing to maintain a reasonable speed and operating his vehicle at an excessive rate of
speed for the conditions and circumstances;
5. In driving his vehicle in a reckless fashion in violation of Texas Transportation Code
Section 545.401;
6. In failing to maintain an assured, clear distance between his vehicle and Plaintiff’s
vehicle in violation of Transportation Code Section 545.062;
IV.
Upon the trial of this cause, it will be shown that Plaintiff, Tien Manh Nguyen, was
caused to sustain injuries and damages as a result of the negligence of the Defendant herein and
Plaintiff respectfully requests that the Court and Jury determine the amount of losses Plaintiff
has incurred in the past and will incur into the future, not only from a financial standpoint but
also in terms of good health and financial freedom from pain and worry. There are certain
elements of damages, provided by law, that Plaintiff is entitled to have the jury in this case
separately consider to determine the amount of money for each element that will fairly and
reasonably compensate them for the injuries and damages and losses incurred and to be incurred
from the both past and into the future, those elements of damages to be considered separately
and individually for the purpose of determining the sum that will fairly compensate Plaintiff,
Tien Manh Nguyen, for each element or as follows:
1. The physical pain that Plaintiff, Tien Manh Nguyen, has suffered from the date of the
incident to the time of trial and into the future;
2. The mental anguish that Plaintiff, Tien Manh Nguyen, has suffered from the date of
the incident to the time of trial and into the future;
3. The amount of reasonable and necessary medical expenses incurred in the treatment
of the Plaintiff, Tien Manh Nguyen’s injuries from the date of the incident in question
to the time of trial and into the future;
4. The damages resulting from the disfigurement, if any, of Plaintiff, Tien Manh
Nguyen both past and future;
5. The damages resulting from the physical impairment suffered by Plaintiff, Tien Manh
Nguyen and the resulting inability to do those tasks and services that Plaintiff, Tien
Manh Nguyen, ordinarily would have been able to perform together with resulting
loss of enjoyment of life both past and future;
6. The loss of earnings and/or earning capacity from the incident to the time of trial both
past and future.
V.
Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives
actual notice that any and all documents produced by any party will be used at any pretrial
proceeding and/or at the trial of this matter.
VI.
Pursuant to the Texas Rule of Civil Procedure 194.2, Plaintiff requests Defendant,
Bankole Tolulope Abibat to disclose, within fifty (50) days of service of this request, all
information or material described in Rule 194.2.
VII.
Plaintiff formally and respectfully request a trial by jury and would show that the
required fee has been or will be paid.
VIII. RULE 47 DECLARATIONS
By reason of all the above and foregoing it has become necessary to bring this suit for
which itis now brought in a just and reasonable sum within the jurisdictional limits of this
Honorable Court, together with all interest, pre and post judgment to which Plaintiff is entitled
by law. As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff’s counsel states that
the damages sought are in an amount within the jurisdictional limits of this Court. As required
by Rule 47(c), Texas Rules of Civil Procedure, Plaintiff’s counsel states that Plaintiff seeks
monetary relief for actual damages of over $250.000.00 but no more than $1,000,000.00.
Plaintiff also seeks pre-judgment and post-judgment interest at the highest legal rate. The
amount of monetary relief actually awarded, however, will ultimately be determined by the jury
hearing this matter. Plaintiff additionally seeks exemplary damages over and above the actual
damages awarded by the jury.
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant, Bankole
Tolulope Abibat be cited to appear and answer herein, that Plaintiff has a trial by jury, that
Plaintiff recover judgment against Defendant for the damages prayed for above, as so found by
the jury, that Plaintiff has interest at the legal rate, both pre and post judgment, that Plaintiff has
costs of court taxed against the Defendant, and for such other and further relief, both general and
special, at law and in equity, for which Plaintiff shall forever pray.
Respectfully submitted,
The Forester and Torres Law Firm
/s.// A Don Forester
___________________________
A. Don Forester
State Bar of Texas # 07256500
4635 Southwest Freeway, Suite 575
Houston, Texas 77027
Phone No: (713) 528-4668
Fax No: (713) 522-1596
Email: eservice@forestertorres.com
Attorney For Plaintiff , Tien Manh Nguyen
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CAUSE NO. 2021-34988 TIEN MANH NGUYEN IN THE DISTRICT COURT OF Plaintiff HARRIS COUNTY, TEXAS TH BANKOLE TOLULOPE ABIBAT § JUDICIAL DISTRICT Defendant FIRST AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW Plaintiff, Tien Manh Nguyen, hereinafter referred to as Plaintiff, complaining of the Defendant driver and the owner of the vehicle, Bankole Tolulope Abibat, hereinafter referred to as Defendant, and for cause of action would respectfully show unto the Honorable Court and Jury as follows: Plaintiff intends to conduct discovery under Level II as this suit is for damages in excess Plaintiff, Tien Manh Nguyen, is a resident of Harris County, Texas. The last three numbers of his driver’s license are xxx-xx-196. Defendant, Bankole Tolulope Abibat is a resident of Harris County, Texas and has been served with process at 19027 Walbrook Meadows Lane, Cypress, TX 77433. Venue is proper in Harris County, Texas as to Defendant, Bankole Tolulope Abibat pursuant to CPRC §15.002 (a)(1) as the crash giving rise to this claim occurred there. On or about May 23 , 2021 at 12:57 PM, Tien Manh Nguyen sustained bodily injuries and damages as a direct and proximate result of the negligence generally caused by the Defendant. At such time Plaintiff, Tien Manh Nguyen was driving his vehicle east bound at 10100 Beechnut Street, in the outside lane while Bankole Tolulope Abibat was attempting to exit the shopping center on the south side of the street. The Defendant, Bankole Tolulope Abibat failed to yield when leaving the private drive and struck Plaintiff in the front right quarter area. The Defendent, Bankole Tolulope Abibat, owner of the vehicle, provided statement to police that she was the driver of the vehicle and provided her driver license and insurance information to the officer. The collision caused severe, disabling and permanent personal injuries and costs to Plaintiff. Due to the severe bodily injuries, the Plaintiff is now under on-going medical treatments and facing significant medical costs incurred. This incident and the injuries and damages sustained by Plaintiff were all proximately caused by the negligence of Defendant, Bankole Tolulope Abibat. III. Pleading in the alternative and without waiving the foregoing allegations of negligence but still insisting upon same, Plaintiff would show that the collision described above, and the injuries and damages sustained by Plaintiff were proximately caused by the negligent conduct of Defendant Bankole Tolulope Abibat, in one or more of the following respects: 1. In failing to maintain such lookout as a person of ordinary prudence would have maintained under the same or similar circumstances 2. In failing to apply the brakes to his vehicle in order to avoid the collision; 3. In failing to maintain proper control over the vehicle he was driving as a person of ordinary prudence would have maintained under the same or similar circumstances; 4. In failing to maintain a reasonable speed and operating his vehicle at an excessive rate of speed for the conditions and circumstances; 5. In driving his vehicle in a reckless fashion in violation of Texas Transportation Code Section 545.401; 6. In failing to maintain an assured, clear distance between his vehicle and Plaintiff’s vehicle in violation of Transportation Code Section 545.062; IV. Upon the trial of this cause, it will be shown that Plaintiff, Tien Manh Nguyen, was caused to sustain injuries and damages as a result of the negligence of the Defendant herein and Plaintiff respectfully requests that the Court and Jury determine the amount of losses Plaintiff has incurred in the past and will incur into the future, not only from a financial standpoint but also in terms of good health and financial freedom from pain and worry. There are certain elements of damages, provided by law, that Plaintiff is entitled to have the jury in this case separately consider to determine the amount of money for each element that will fairly and reasonably compensate them for the injuries and damages and losses incurred and to be incurred from the both past and into the future, those elements of damages to be considered separately and individually for the purpose of determining the sum that will fairly compensate Plaintiff, Tien Manh Nguyen, for each element or as follows: 1. The physical pain that Plaintiff, Tien Manh Nguyen, has suffered from the date of the incident to the time of trial and into the future; 2. The mental anguish that Plaintiff, Tien Manh Nguyen, has suffered from the date of the incident to the time of trial and into the future; 3. The amount of reasonable and necessary medical expenses incurred in the treatment of the Plaintiff, Tien Manh Nguyen’s injuries from the date of the incident in question to the time of trial and into the future; 4. The damages resulting from the disfigurement, if any, of Plaintiff, Tien Manh Nguyen both past and future; 5. The damages resulting from the physical impairment suffered by Plaintiff, Tien Manh Nguyen and the resulting inability to do those tasks and services that Plaintiff, Tien Manh Nguyen, ordinarily would have been able to perform together with resulting loss of enjoyment of life both past and future; 6. The loss of earnings and/or earning capacity from the incident to the time of trial both past and future. V. Pursuant to Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff hereby gives actual notice that any and all documents produced by any party will be used at any pretrial proceeding and/or at the trial of this matter. VI. Pursuant to the Texas Rule of Civil Procedure 194.2, Plaintiff requests Defendant, Bankole Tolulope Abibat to disclose, within fifty (50) days of service of this request, all information or material described in Rule 194.2. VII. Plaintiff formally and respectfully request a trial by jury and would show that the required fee has been or will be paid. VIII. RULE 47 DECLARATIONS By reason of all the above and foregoing it has become necessary to bring this suit for which itis now brought in a just and reasonable sum within the jurisdictional limits of this Honorable Court, together with all interest, pre and post judgment to which Plaintiff is entitled by law. As required by Rule 47(b), Texas Rules of Civil Procedure, Plaintiff’s counsel states that the damages sought are in an amount within the jurisdictional limits of this Court. As required by Rule 47(c), Texas Rules of Civil Procedure, Plaintiff’s counsel states that Plaintiff seeks monetary relief for actual damages of over $250.000.00 but no more than $1,000,000.00. Plaintiff also seeks pre-judgment and post-judgment interest at the highest legal rate. The amount of monetary relief actually awarded, however, will ultimately be determined by the jury hearing this matter. Plaintiff additionally seeks exemplary damages over and above the actual damages awarded by the jury. WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant, Bankole Tolulope Abibat be cited to appear and answer herein, that Plaintiff has a trial by jury, that Plaintiff recover judgment against Defendant for the damages prayed for above, as so found by the jury, that Plaintiff has interest at the legal rate, both pre and post judgment, that Plaintiff has costs of court taxed against the Defendant, and for such other and further relief, both general and special, at law and in equity, for which Plaintiff shall forever pray. Respectfully submitted, The Forester and Torres Law Firm /s.// A Don Forester ___________________________ A. Don Forester State Bar of Texas # 07256500 4635 Southwest Freeway, Suite 575 Houston, Texas 77027 Phone No: (713) 528-4668 Fax No: (713) 522-1596 Email: eservice@forestertorres.com Attorney For Plaintiff , Tien Manh Nguyen