Preview
FILED
8/30/2021 3:47 PM
FELICIA PITRE
4 CIT ESERVE / JURY DISTRICT CLERK
DALLAS 00., TEXAS
Angie Avina DEPUTY
DC-21 -1 2246
CAUSE NO.
JASMINE DESHAY GIPSON § IN THE DISTRICT COURT
§
Plaintiff §
§
V. §
§ 298th
NEGUSSIE JENBERU, KAMAL § JUDICIAL DISTRICT
ALKAK, and DALLAS AREA RAPID §
TRANSIT, and REAL TIME §
TRANSPORT CORPORATION §
§
Defendants § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, Jasmine Deshay Gipson, Plaintiff, complaining of Negussie Jenberu,
Kamal Alkak, Dallas Area Rapid Transit, and Real Time Transport Corporation, Defendants, and
would show unto this honorable court the following:
I.
DISCOVERY PLAN LEVEL 3
1. Plaintiffs request that this lawsuit be governed by Discovery Plan Level 3 pursuant
to Rule 190.4 of the Texas Rules of Civil Procedure.
II.
PARTIES
2. Plaintiff Jasmine Deshay Gipson is an individual resident of Dallas County, Texas.
3. Defendant Negussie Jenberu, is an individual resident of Dallas County, Texas and
he may be served at his usual place of residence, 6600 Eastridge Dr., Apt 108B, Dallas, Texas
75231, or any other place where he may be found.
PLAJNTIFF’S ORIGINAL PETITION PAGE 1
4. Defendant Kama] Alkak, is an individual resident of Dallas County, Texas and he
may be served at his usual place of residence 3005 Berkshire Dr., Mesquite, Texas 75150, or any
other place where he may be found.
5. Defendant Dallas Area Rapid Transit is a domestic nonprofit corporation based in
Dallas County, Texas and may be served with citation by and through its registered agent for
service, Gary C Thomas, 1401 Pacific, Dallas, Texas 75202.
6. Defendant Real Time Transport Corporation is a domestic corporation based in
Dallas County, Texas and may be served with citation by and through its registered agent for
service, Raj an Vishwanathan, 2206 Century Center Blvd., Irving, Texas 75062.
III.
JURISDICTION AND VENUE
7. This court has jurisdiction over this case and the damages sought are within the
jurisdictional limits of this court. Venue is proper in Dallas County, Texas, because all or a
substantial part of the events giving rise to the cause of action occurred in Dallas County. Plaintiffs
plead damages pursuant to Tex. R. Civ. P. 47(c)(3).
IV.
FACTUAL BACKGROUND
8. This is a suit for negligence. On or about October 2l , 2019, Plaintiff was eastbound
in the 3300 block of Samuell Blvd in the left lane. Defendant Negussie Jenberu was driving a
vehicle owned by Defendant Kamal Alkak while in the scope of his employment with Defendant
Real time Transport Corporation and Dallas Area Rapid Transit westbound in the 3400 block of
Samuell Blvd in the left lane. Defendant Negussie Jenberu attempted to turn left at the intersection
of Samuell and Dolphine Road, failing to yield, and colliding with Plaintiff in the intersection. As
PLAJNTIFF’S ORIGINAL PETITION PAGE 2
a result of the collision, Plaintiff sustained serious personal bodily injuries. At the time of the
collision, Defendant Negussie Jenberu was operating a vehicle that was owned by Defendants
Kama] Alkak, Dallas Area Rapid Transit, and Real Time Transport Corporation, in the course and
scope of his employment with Defendant Real Time Transport Corporation, and Dallas Area Rapid
Transit.
V.
CAUSES OF ACTION
9. Plaintiff incorporates each and every of the foregoing paragraphs as if fully set forth
herein. Defendants Kama] Alkak, Dallas Area Rapid Transit, Real Time Transport Corporation,
and Negussie Jenberu had common-law and statutory duties to use ordinary care in the operation
of their vehicle. They negligently breached those duties and that negligence proximately caused
Plaintiff’s injuries and damages. Specifically, Defendants Negussie Jenberu was negligent in the
following particulars:
a. failing to keep a proper lookout;
b. failing to timely apply the brakes;
c. failing to control his speed;
d. making unsafe movements directly into Plaintiff’s lane of traffic;
e. failing to maintain proper control of the vehicle;
f. in all things failing to act as a reasonable person using ordinary care in the
same or similar circumstances.
VI.
RESPONDEAT SUPERIOR
10. Plaintiff alleges that at the time of the occurrence in question made the basis of
this lawsuit which occurred on or about October 21, 2019, Defendant Negussie Jenberu was
acting as the agent, employee and/or servant of Defendants Kamal Alkak, Dallas Area Rapid
PLAJNTIFF’s ORIGINAL PETITION PAGE 3
Transit, and Real Time Transport Corporation, such that under the doctrines of respondeat
superior and/or agency, Defendants Kamal Alkak, Dallas Area Rapid Transit, and Real Time
Transport Corporation is liable to Plaintiff for his injuries and resulting damages caused by the
negligence of Defendant Negussie Jenberu.
VII.
DAMAGES
11. Because the bodily injuries of Plaintiff Jasmine Deshay Gipson were proximately
caused by Defendants’ negligence, Plaintiff Jasmine Deshay Gipson is entitled to reasonable and
proper compensation for the following legal damages:
a. past and future medical expenses;
b. past and future physical pain and mental anguish;
c. past and future physical impairment; and
d. past and future disfigurement.
e. past lost wages and future lost wage-earning capacity.
VIII.
12. Pursuant to Texas Rule of Civil Procedure 216, Plaintiffs request a trial by jury and
would show that the appropriate fee is paid contemporaneously with the filing of this Petition.
IX.
PRAYER
Plaintiff prays that she has judgment against Defendants, jointly and severally, for actual
damages shown and proved at trial, for prejudgment and post-judgment interest, for costs of court
and for all other relief, legal and equitable, to which he is entitled.
Respectfully submitted,
PLAJNTIFF’S ORIGINAL PETITION PAGE 4
Law Office of Jim Zadeh, P.C.
NM
Nick Peele
State Bar: 24097078
Elan Cabrero
State Bar: 24096772
Jamshyd (Jim) M. Zadeh
State Bar: 22239000
1555 Rio Grande Avenue
Fort Worth, Texas 76102
817.335.5100 —
Telephone
817.335.3974 — Facsimile
jim@zadehfirm.com
nick@zadehfi1m.com
ATTORNEYS FOR PLAINTIFF
PLAJNTIFF’S ORIGINAL PETITION PAGE 5
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.
Jamshyd Zadeh on behalf of Jamshyd Zadeh
Bar No. 22239000
maryjane@zadehfirm.com
Envelope ID: 56886947
Status as of 9/3/2021 3:02 PM CST
Associated Case Party: JASMINEDESHAYGIPSON
Name BarNumber Email TimestampSubmitted Status
Elan Cabrero elan@zadehfirm.com 9/1/2021 4:41 :36 PM SENT
Nick Peel nick@zadehfirm.com 9/1/2021 4:41:36 PM SENT
Amanda Rodriguez Amanda@zadehfirm.com 9/1/2021 4:41:36 PM SENT
Maryjane Salinas Maryjane@zadehfirm.com 9/1/2021 4:41:36 PM SENT
Jim Zadeh Jim@zadehfirm.com 9/1/2021 4:41:36 PM SENT
Preview
FILED 8/30/2021 3:47 PM FELICIA PITRE 4 CIT ESERVE / JURY DISTRICT CLERK DALLAS 00., TEXAS Angie Avina DEPUTY DC-21 -1 2246 CAUSE NO. JASMINE DESHAY GIPSON § IN THE DISTRICT COURT § Plaintiff § § V. § § 298th NEGUSSIE JENBERU, KAMAL § JUDICIAL DISTRICT ALKAK, and DALLAS AREA RAPID § TRANSIT, and REAL TIME § TRANSPORT CORPORATION § § Defendants § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, Jasmine Deshay Gipson, Plaintiff, complaining of Negussie Jenberu, Kamal Alkak, Dallas Area Rapid Transit, and Real Time Transport Corporation, Defendants, and would show unto this honorable court the following: I. DISCOVERY PLAN LEVEL 3 1. Plaintiffs request that this lawsuit be governed by Discovery Plan Level 3 pursuant to Rule 190.4 of the Texas Rules of Civil Procedure. II. PARTIES 2. Plaintiff Jasmine Deshay Gipson is an individual resident of Dallas County, Texas. 3. Defendant Negussie Jenberu, is an individual resident of Dallas County, Texas and he may be served at his usual place of residence, 6600 Eastridge Dr., Apt 108B, Dallas, Texas 75231, or any other place where he may be found. PLAJNTIFF’S ORIGINAL PETITION PAGE 1 4. Defendant Kama] Alkak, is an individual resident of Dallas County, Texas and he may be served at his usual place of residence 3005 Berkshire Dr., Mesquite, Texas 75150, or any other place where he may be found. 5. Defendant Dallas Area Rapid Transit is a domestic nonprofit corporation based in Dallas County, Texas and may be served with citation by and through its registered agent for service, Gary C Thomas, 1401 Pacific, Dallas, Texas 75202. 6. Defendant Real Time Transport Corporation is a domestic corporation based in Dallas County, Texas and may be served with citation by and through its registered agent for service, Raj an Vishwanathan, 2206 Century Center Blvd., Irving, Texas 75062. III. JURISDICTION AND VENUE 7. This court has jurisdiction over this case and the damages sought are within the jurisdictional limits of this court. Venue is proper in Dallas County, Texas, because all or a substantial part of the events giving rise to the cause of action occurred in Dallas County. Plaintiffs plead damages pursuant to Tex. R. Civ. P. 47(c)(3). IV. FACTUAL BACKGROUND 8. This is a suit for negligence. On or about October 2l , 2019, Plaintiff was eastbound in the 3300 block of Samuell Blvd in the left lane. Defendant Negussie Jenberu was driving a vehicle owned by Defendant Kamal Alkak while in the scope of his employment with Defendant Real time Transport Corporation and Dallas Area Rapid Transit westbound in the 3400 block of Samuell Blvd in the left lane. Defendant Negussie Jenberu attempted to turn left at the intersection of Samuell and Dolphine Road, failing to yield, and colliding with Plaintiff in the intersection. As PLAJNTIFF’S ORIGINAL PETITION PAGE 2 a result of the collision, Plaintiff sustained serious personal bodily injuries. At the time of the collision, Defendant Negussie Jenberu was operating a vehicle that was owned by Defendants Kama] Alkak, Dallas Area Rapid Transit, and Real Time Transport Corporation, in the course and scope of his employment with Defendant Real Time Transport Corporation, and Dallas Area Rapid Transit. V. CAUSES OF ACTION 9. Plaintiff incorporates each and every of the foregoing paragraphs as if fully set forth herein. Defendants Kama] Alkak, Dallas Area Rapid Transit, Real Time Transport Corporation, and Negussie Jenberu had common-law and statutory duties to use ordinary care in the operation of their vehicle. They negligently breached those duties and that negligence proximately caused Plaintiff’s injuries and damages. Specifically, Defendants Negussie Jenberu was negligent in the following particulars: a. failing to keep a proper lookout; b. failing to timely apply the brakes; c. failing to control his speed; d. making unsafe movements directly into Plaintiff’s lane of traffic; e. failing to maintain proper control of the vehicle; f. in all things failing to act as a reasonable person using ordinary care in the same or similar circumstances. VI. RESPONDEAT SUPERIOR 10. Plaintiff alleges that at the time of the occurrence in question made the basis of this lawsuit which occurred on or about October 21, 2019, Defendant Negussie Jenberu was acting as the agent, employee and/or servant of Defendants Kamal Alkak, Dallas Area Rapid PLAJNTIFF’s ORIGINAL PETITION PAGE 3 Transit, and Real Time Transport Corporation, such that under the doctrines of respondeat superior and/or agency, Defendants Kamal Alkak, Dallas Area Rapid Transit, and Real Time Transport Corporation is liable to Plaintiff for his injuries and resulting damages caused by the negligence of Defendant Negussie Jenberu. VII. DAMAGES 11. Because the bodily injuries of Plaintiff Jasmine Deshay Gipson were proximately caused by Defendants’ negligence, Plaintiff Jasmine Deshay Gipson is entitled to reasonable and proper compensation for the following legal damages: a. past and future medical expenses; b. past and future physical pain and mental anguish; c. past and future physical impairment; and d. past and future disfigurement. e. past lost wages and future lost wage-earning capacity. VIII. 12. Pursuant to Texas Rule of Civil Procedure 216, Plaintiffs request a trial by jury and would show that the appropriate fee is paid contemporaneously with the filing of this Petition. IX. PRAYER Plaintiff prays that she has judgment against Defendants, jointly and severally, for actual damages shown and proved at trial, for prejudgment and post-judgment interest, for costs of court and for all other relief, legal and equitable, to which he is entitled. Respectfully submitted, PLAJNTIFF’S ORIGINAL PETITION PAGE 4 Law Office of Jim Zadeh, P.C. NM Nick Peele State Bar: 24097078 Elan Cabrero State Bar: 24096772 Jamshyd (Jim) M. Zadeh State Bar: 22239000 1555 Rio Grande Avenue Fort Worth, Texas 76102 817.335.5100 — Telephone 817.335.3974 — Facsimile jim@zadehfirm.com nick@zadehfi1m.com ATTORNEYS FOR PLAINTIFF PLAJNTIFF’S ORIGINAL PETITION PAGE 5 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. Jamshyd Zadeh on behalf of Jamshyd Zadeh Bar No. 22239000 maryjane@zadehfirm.com Envelope ID: 56886947 Status as of 9/3/2021 3:02 PM CST Associated Case Party: JASMINEDESHAYGIPSON Name BarNumber Email TimestampSubmitted Status Elan Cabrero elan@zadehfirm.com 9/1/2021 4:41 :36 PM SENT Nick Peel nick@zadehfirm.com 9/1/2021 4:41:36 PM SENT Amanda Rodriguez Amanda@zadehfirm.com 9/1/2021 4:41:36 PM SENT Maryjane Salinas Maryjane@zadehfirm.com 9/1/2021 4:41:36 PM SENT Jim Zadeh Jim@zadehfirm.com 9/1/2021 4:41:36 PM SENT