Preview
Electronically Filed
9/8/2020 10:04 AM
Penny Clarkston, Smith County District Clerk
Reviewed By: Lana Fields
NO. 17-2088-A
PATRICIA GRISSOM as next friend for § IN THE DISTRICT COURT
1.C., a minor child, and PATRICIA §
GRISSOM, AS PERSONAL §
REPRESENTATIVE OF THE ESTATE OF §
W.S.C., a deceased minor, §
§
Plaintiffs, §
§
v. § 7TH JUDICIAL DISTRICT
§
ESTATE OF ISAAC GEOFFREY-ASHTON §
CLAY, and STATE FARM MUTUAL §
AUTOMOBILE INSURANCE COMPANY, §
§
Defendant. § OF SMITH COUNTY, TEXAS
PLAINTIFFS' SECOND AMENDED PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Patricia Grissom, as next friend for I.C., a minor child, and Patricia Grissom,
as Personal Representative of the Estate of W.S.C., hereinafter called Plaintiffs, complaining of
and about Defendant, the Estate of Isaac Geoffrey-Ashton Clay, hereinafter called Defendant,
and for cause of action would respectfully show unto the Court the following:
A. TO THE COURT ONLY
1. This is friendly suit which has been filed for the purpose of resolving a claim
involving a minor and a deceased minor. The parties have consented to venue in Smith County,
Texas.
B. DISCOVERY
2. Pursuant to Rule 190 of the Texas Rules of Civil Procedure, discovery is intended
to be conducted under Level 1.
C. PARTIES
3. Plaintiffs are PATRICIA GRISSOM, as next friend for 1.C., a minor, and PATRICIA
GRISSOM, as Administratrix of the Estate of W.S.C., a Deceased Minor.
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No. 17-2088-A - Second Amended Petition
4. Defendant is the ESTATE OF ISAAC GEOFFREY-ASHTON CLAY, deceased. No
service on Defendant is required.
5. Defendant State Farm Mutual Automobile Insurance Company is the plaintiffs' UM
/ UIM carrier and has consented to accept service via its counsel, The Lecrone Law Firm.
Therefore, no service is necessary at this time.
D. JURISDICTION
5. The Court has jurisdiction because the accident occurred in Smith County, Texas.
The Court has jurisdiction over the controversy because the damages are within the jurisdictional
limits of the Court.
E. VENUE
6. The parties have consented to venue in Smith County, Texas, thereby making
venue proper in this county.
F. FACTS
7. This lawsuit arises from an automobile accident that occurred on or about July 27,
2016, when Isaac Clay rear-ended an eighteen-wheeler while driving his vehicle. Isaac Clay was
killed in the accident. Plaintiff LC., a minor, was a passenger in the automobile and was injured.
W.S.C., a minor who was 8 years of age, was a passenger in the automobile and was killed.
G. NEGLIGENCE
8. At the time of the accident, Isaac Clay was negligent. Specifically, he had a duty
to exercise ordinary care and avoid a foreseeable risk of injury to others. He breached that duty.
As a proximate cause of that breach, minor LC. was injured and sustained damages and minor
W.S.C. was killed.
H. DAMAGES
9. As a proximate result of this incident, Plaintiff LC., a minor, sustained injuries to
her body. As a result of injuries to Plaintiff, a minor, she has suffered the following damages:
a. Physical pain, and mental anguish in the past and future;
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No. 17-2088-A - Second Amended Petition
b. Physical impairment in the past and future;
c. Medical expenses in the future; and
d. Disfigurement in the past and future.
10. As a proximate result of this incident, Plaintiff W.S. C. was injured and died. Thus,
on behalf of the Estate of W.S.C., a deceased minor, damages are sought for:
a. Past medical expenses;
b. Past physical pain and suffering;
c. Past impairment;
d. Past disfigurement;
e. Past mental anguish; and
f. Funeral and burial expenses.
I. PRAYER
11. For these reasons, Plaintiffs ask that Defendant be cited to appear and answer,
and on final trial,that Plaintiffs have judgment against Defendant for an amount within the
jurisdictional limits of the Court, and for such other and further relief as Plaintiffs may be justly
entitled.
Respectfully submitted,
COE• ESTRADA
423 S. Spring Street
Tyler, Texas 75702
Tel: (903) 504-5386
Fax: (903) 504-5387
Email: ieremy@coelaw.net
_Jeremy Coe
Jeremy Coe
State Bar No. 24007016
ATTORNEY FOR PLAINTIFFS
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No. 17-2088-A - Second Amended Petition
Preview
Electronically Filed 9/8/2020 10:04 AM Penny Clarkston, Smith County District Clerk Reviewed By: Lana Fields NO. 17-2088-A PATRICIA GRISSOM as next friend for § IN THE DISTRICT COURT 1.C., a minor child, and PATRICIA § GRISSOM, AS PERSONAL § REPRESENTATIVE OF THE ESTATE OF § W.S.C., a deceased minor, § § Plaintiffs, § § v. § 7TH JUDICIAL DISTRICT § ESTATE OF ISAAC GEOFFREY-ASHTON § CLAY, and STATE FARM MUTUAL § AUTOMOBILE INSURANCE COMPANY, § § Defendant. § OF SMITH COUNTY, TEXAS PLAINTIFFS' SECOND AMENDED PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES Patricia Grissom, as next friend for I.C., a minor child, and Patricia Grissom, as Personal Representative of the Estate of W.S.C., hereinafter called Plaintiffs, complaining of and about Defendant, the Estate of Isaac Geoffrey-Ashton Clay, hereinafter called Defendant, and for cause of action would respectfully show unto the Court the following: A. TO THE COURT ONLY 1. This is friendly suit which has been filed for the purpose of resolving a claim involving a minor and a deceased minor. The parties have consented to venue in Smith County, Texas. B. DISCOVERY 2. Pursuant to Rule 190 of the Texas Rules of Civil Procedure, discovery is intended to be conducted under Level 1. C. PARTIES 3. Plaintiffs are PATRICIA GRISSOM, as next friend for 1.C., a minor, and PATRICIA GRISSOM, as Administratrix of the Estate of W.S.C., a Deceased Minor. Page 1 of 3 No. 17-2088-A - Second Amended Petition 4. Defendant is the ESTATE OF ISAAC GEOFFREY-ASHTON CLAY, deceased. No service on Defendant is required. 5. Defendant State Farm Mutual Automobile Insurance Company is the plaintiffs' UM / UIM carrier and has consented to accept service via its counsel, The Lecrone Law Firm. Therefore, no service is necessary at this time. D. JURISDICTION 5. The Court has jurisdiction because the accident occurred in Smith County, Texas. The Court has jurisdiction over the controversy because the damages are within the jurisdictional limits of the Court. E. VENUE 6. The parties have consented to venue in Smith County, Texas, thereby making venue proper in this county. F. FACTS 7. This lawsuit arises from an automobile accident that occurred on or about July 27, 2016, when Isaac Clay rear-ended an eighteen-wheeler while driving his vehicle. Isaac Clay was killed in the accident. Plaintiff LC., a minor, was a passenger in the automobile and was injured. W.S.C., a minor who was 8 years of age, was a passenger in the automobile and was killed. G. NEGLIGENCE 8. At the time of the accident, Isaac Clay was negligent. Specifically, he had a duty to exercise ordinary care and avoid a foreseeable risk of injury to others. He breached that duty. As a proximate cause of that breach, minor LC. was injured and sustained damages and minor W.S.C. was killed. H. DAMAGES 9. As a proximate result of this incident, Plaintiff LC., a minor, sustained injuries to her body. As a result of injuries to Plaintiff, a minor, she has suffered the following damages: a. Physical pain, and mental anguish in the past and future; Page 2 of 3 No. 17-2088-A - Second Amended Petition b. Physical impairment in the past and future; c. Medical expenses in the future; and d. Disfigurement in the past and future. 10. As a proximate result of this incident, Plaintiff W.S. C. was injured and died. Thus, on behalf of the Estate of W.S.C., a deceased minor, damages are sought for: a. Past medical expenses; b. Past physical pain and suffering; c. Past impairment; d. Past disfigurement; e. Past mental anguish; and f. Funeral and burial expenses. I. PRAYER 11. For these reasons, Plaintiffs ask that Defendant be cited to appear and answer, and on final trial,that Plaintiffs have judgment against Defendant for an amount within the jurisdictional limits of the Court, and for such other and further relief as Plaintiffs may be justly entitled. Respectfully submitted, COE• ESTRADA 423 S. Spring Street Tyler, Texas 75702 Tel: (903) 504-5386 Fax: (903) 504-5387 Email: ieremy@coelaw.net _Jeremy Coe Jeremy Coe State Bar No. 24007016 ATTORNEY FOR PLAINTIFFS Page 3 of 3 No. 17-2088-A - Second Amended Petition