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HIE © \
ey na testes OVS
CAUSE NO.
812 9
MANUEL BARRIENTOS, 8 IN THE ee rows
Plaintiff §
§ G82C , MS
vy § pat DI RICT
§ rp ony
SCOTT E. ROY, HENRY TREVINO = § ‘hy v
and ALFRED R. BARRIENTOS, §
Defendants § DALLAS COUNTY, TEXAS
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Manuel Barrientos (Texas Driver’s License No. xxxx8500; Social Security
No.: xxx-xx-2091), hereinafter referred to as “Plaintiff,” complaining of and about Scott E. Roy,
Henry Trevino, and Alfred R. Barrientos, hereinafter referred to, either collectively or individually, as
“Defendants,” and for cause of action shows unto the Court the following:
I.
Discovery in this cause of action is to be conducted under Level II.
Tl.
Plaintiff is an individual who is a resident of Irving, Dallas County, Texas.
Defendant Scott E. Roy is an individual who resides at 7313 Whitecedar Lane, Rowlett, Texas
75089, where he may be served with process or in the alternative, an: ay be found. (eat
Defendant Henry Trevino is an individual who resides at 1801 W. Terrace Street, Grand
Prairie, Texas 75050 or 1111 N. Carrier Parkway, Apt. #B210-N, Grand Prairie, Texas 75050, where olf
he may be served with process or in the alternative, any place he may be found.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page |Defendant Alfred R. Barrientos is an individual who resides at 809 E. 4" Street, Irving, Texas
75060, where he may be served with process or in the alternative, any place he may be found. lotto
Ti.
Pursuant to the TEX. CIV. PRAC. & REM. CODE § 15.002(a)(1), venue in Dallas County is
proper because the accident made the basis of this lawsuit occurred in Dallas, Dallas County, Texas.
Iv.
At all times relevant to the incident made the basis of this lawsuit, Plaintiff was a restrained,
negligent-free passenger in the motor vehicle operated by Defendant Alfred R. Barrientos.
On or about October 8, 2012, Defendant Alfred R. Barrientos was operating his motor vehicle
northbound on S. Fitzhugh Avenue in the center lane, Defendant Henry Trevino was operating his
motor vehicle northbound on S. Fitzhugh directly behind Defendant Alfred R. Barrientos, and
Defendant Scott E. Roy was operating his motor vehicle northbound on S. Fitzhugh directly behind
Defendant Henry Trevino. Suddenly and without warning, Defendant Alfred R. Barrientos’ vehicle
came to an abrupt stop causing Defendant Scott E. Roy to strike Defendant Henry Trevino’s vehicle
from behind, which caused Defendant Henry Trevino to strike Defendant Alfred R. Barrientos’ vehicle
from behind, thereby causing the injuries and damages complained herein by Plaintiff.
Vv.
On the occasion in question, Defendant Scott E. Roy operated his vehicle negligently in that
he violated the duty which he owed to Plaintiff to exercise ordinary care in the following particulars:
a. Failing to maintain such lookout as a person of ordinary prudence would have
maintained under the same or similar circumstances;
b. Failing to timely apply the brakes to his vehicle in order to avoid the collision
in question;
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 2c. Failing to turn his vehicle to the left or right in an effort to avoid the collision;
‘d. Failing to take proper evasive measures to avoid the collision;
e. Driving inattentively, as an ordinary, prudent individual would have in the
same or similar situation;
f. Failing to control the speed of his vehicle; and
2 : Failing to maintain an assured clear distance between his vehicle and the
vehicle ahead of his.
Each of these acts and omissions, singularly or in combination with others, constitutes the
negligence that proximately caused the collision made the basis of this action and Plaintiff's resultant
injuries and damages.
VI.
On the occasion in question, Defendant Henry operated his vehicle negligently in that he
violated the duty which he owed to Plaintiff to exercise ordinary care in the following particulars:
a. Failing to maintain such lookout as a person of ordinary prudence would have
maintained under the same or similar circumstances;
db. Failing to timely apply the brakes to his vehicle in order to avoid the collision
in question;
c. Failing to turn his vehicle to the left or right in an effort to avoid the collision;
d. Failing to take proper evasive measures to avoid the collision;
€ Driving inattentively, as an ordinary, prudent individual would have in the
same or similar situation;
f. Failing to control the speed of his vehicle; and
g Failing to maintain an assured clear distance between his vehicle and the
vehicle ahead of his.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 3Each of these acts and omissions, singularly or in combination with others, constitutes the
negligence that proximately caused the collision made the basis of this action and Plaintiff's resultant
injuries and damages.
VIL.
On the occasion in question, Defendant Alfred R. Barrientos operated his vehicle negligently
in that he violated the duty which he owed to Plaintiff to exercise ordinary care in the following
particulars:
a. Failing to maintain such lookout as a person of ordinary prudence would have
maintained under the same or similar circumstances;
b. Failing to turn his vehicle to the left or right in an effort to avoid the collision;
c. Failing to take proper evasive measures to avoid the collision;
d. Driving inattentively, as an ordinary, prudent individual would have in the
same or similar situation;
e. Stopping when it was unsafe to do so; and
f. Failing to signal a stop.
Each of these acts and omissions, singularly or in combination with others, constitutes the
negligence that proximately caused the collision made the basis of this action and Plaintiff's resultant
injuries and damages.
VIIL.
As a direct result of Defendants’ negligence, Plaintiff sustained severe and painful injuries to
his neck, back, ankle, and other parts of his body. These injuries have had a serious effect on the
Plaintiff's health and well-being.
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 4Plaintiff has suffered physical pain and mental anguish in the past and in all reasonable
probability will continue to suffer physical pain and mental anguish in the future.
Plaintiff has sustained physical impairment, incapacity and disability due to the incident and
based upon reasonable probability will continue to experience the same in the future.
Plaintiff has incurred reasonable and necessary expenses in counties where rendered of at least
$17,523.63. Such services as rendered by doctors, nurses, and other healthcare providers were
necessary and the charges therefor the usual, reasonable and customary charges for the same or similar
service in the county where the services were provided.
Plaintiff's injuries may continue in the future requiring further expenditures for doctors and
medications, such medical services, past and future, being necessary and the charges therefor the usual,
reasonable, and customary charges for the same or similar services in the county where provided, and
Plaintiff sues herein for both past and future medical services.
IX.
By reason of all of the foregoing damages and injuries, Plaintiff has been damaged in an
amount within the jurisdictional limits of this Court.
REQUEST FOR DISCLOSURE
In accordance with Tex.R.Civ.P.194, you are requested to disclose to Plaintiff at the office of
the undersigned counsel for Plaintiff, within fifty (50) days of service of this request, the information
or material described in Rule 194.2 (a)-(1).
WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendants answer, and
upon final hearing thereof, Plaintiff have:
a. judgment against the Defendants for a sum within the jurisdictional limits of
this Court;
Bb. pre-judgment interest at the maximum legal rate;
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 5c. interest after judgment at the maximum legal rate until paid;
d, _costs of suit; and
e. such other and further relief at law and in equity to which Plaintiff shows
himself to be justly entitled.
Respectfully submitted,
ROLLE, BREELAND, RYAN, LANDAU,
WINGLER & HINDMAN
LYN T. BREELAND
State Bar No. 02946500
2030 Main Street
Suite 200
Dallas, Texas 75201
Tel: (214) 742-8897
Fax: (214) 637-6872
ATTORNEY FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 6
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HIE © \ ey na testes OVS CAUSE NO. 812 9 MANUEL BARRIENTOS, 8 IN THE ee rows Plaintiff § § G82C , MS vy § pat DI RICT § rp ony SCOTT E. ROY, HENRY TREVINO = § ‘hy v and ALFRED R. BARRIENTOS, § Defendants § DALLAS COUNTY, TEXAS PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES, Manuel Barrientos (Texas Driver’s License No. xxxx8500; Social Security No.: xxx-xx-2091), hereinafter referred to as “Plaintiff,” complaining of and about Scott E. Roy, Henry Trevino, and Alfred R. Barrientos, hereinafter referred to, either collectively or individually, as “Defendants,” and for cause of action shows unto the Court the following: I. Discovery in this cause of action is to be conducted under Level II. Tl. Plaintiff is an individual who is a resident of Irving, Dallas County, Texas. Defendant Scott E. Roy is an individual who resides at 7313 Whitecedar Lane, Rowlett, Texas 75089, where he may be served with process or in the alternative, an: ay be found. (eat Defendant Henry Trevino is an individual who resides at 1801 W. Terrace Street, Grand Prairie, Texas 75050 or 1111 N. Carrier Parkway, Apt. #B210-N, Grand Prairie, Texas 75050, where olf he may be served with process or in the alternative, any place he may be found. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page |Defendant Alfred R. Barrientos is an individual who resides at 809 E. 4" Street, Irving, Texas 75060, where he may be served with process or in the alternative, any place he may be found. lotto Ti. Pursuant to the TEX. CIV. PRAC. & REM. CODE § 15.002(a)(1), venue in Dallas County is proper because the accident made the basis of this lawsuit occurred in Dallas, Dallas County, Texas. Iv. At all times relevant to the incident made the basis of this lawsuit, Plaintiff was a restrained, negligent-free passenger in the motor vehicle operated by Defendant Alfred R. Barrientos. On or about October 8, 2012, Defendant Alfred R. Barrientos was operating his motor vehicle northbound on S. Fitzhugh Avenue in the center lane, Defendant Henry Trevino was operating his motor vehicle northbound on S. Fitzhugh directly behind Defendant Alfred R. Barrientos, and Defendant Scott E. Roy was operating his motor vehicle northbound on S. Fitzhugh directly behind Defendant Henry Trevino. Suddenly and without warning, Defendant Alfred R. Barrientos’ vehicle came to an abrupt stop causing Defendant Scott E. Roy to strike Defendant Henry Trevino’s vehicle from behind, which caused Defendant Henry Trevino to strike Defendant Alfred R. Barrientos’ vehicle from behind, thereby causing the injuries and damages complained herein by Plaintiff. Vv. On the occasion in question, Defendant Scott E. Roy operated his vehicle negligently in that he violated the duty which he owed to Plaintiff to exercise ordinary care in the following particulars: a. Failing to maintain such lookout as a person of ordinary prudence would have maintained under the same or similar circumstances; b. Failing to timely apply the brakes to his vehicle in order to avoid the collision in question; PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 2c. Failing to turn his vehicle to the left or right in an effort to avoid the collision; ‘d. Failing to take proper evasive measures to avoid the collision; e. Driving inattentively, as an ordinary, prudent individual would have in the same or similar situation; f. Failing to control the speed of his vehicle; and 2 : Failing to maintain an assured clear distance between his vehicle and the vehicle ahead of his. Each of these acts and omissions, singularly or in combination with others, constitutes the negligence that proximately caused the collision made the basis of this action and Plaintiff's resultant injuries and damages. VI. On the occasion in question, Defendant Henry operated his vehicle negligently in that he violated the duty which he owed to Plaintiff to exercise ordinary care in the following particulars: a. Failing to maintain such lookout as a person of ordinary prudence would have maintained under the same or similar circumstances; db. Failing to timely apply the brakes to his vehicle in order to avoid the collision in question; c. Failing to turn his vehicle to the left or right in an effort to avoid the collision; d. Failing to take proper evasive measures to avoid the collision; € Driving inattentively, as an ordinary, prudent individual would have in the same or similar situation; f. Failing to control the speed of his vehicle; and g Failing to maintain an assured clear distance between his vehicle and the vehicle ahead of his. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 3Each of these acts and omissions, singularly or in combination with others, constitutes the negligence that proximately caused the collision made the basis of this action and Plaintiff's resultant injuries and damages. VIL. On the occasion in question, Defendant Alfred R. Barrientos operated his vehicle negligently in that he violated the duty which he owed to Plaintiff to exercise ordinary care in the following particulars: a. Failing to maintain such lookout as a person of ordinary prudence would have maintained under the same or similar circumstances; b. Failing to turn his vehicle to the left or right in an effort to avoid the collision; c. Failing to take proper evasive measures to avoid the collision; d. Driving inattentively, as an ordinary, prudent individual would have in the same or similar situation; e. Stopping when it was unsafe to do so; and f. Failing to signal a stop. Each of these acts and omissions, singularly or in combination with others, constitutes the negligence that proximately caused the collision made the basis of this action and Plaintiff's resultant injuries and damages. VIIL. As a direct result of Defendants’ negligence, Plaintiff sustained severe and painful injuries to his neck, back, ankle, and other parts of his body. These injuries have had a serious effect on the Plaintiff's health and well-being. PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 4Plaintiff has suffered physical pain and mental anguish in the past and in all reasonable probability will continue to suffer physical pain and mental anguish in the future. Plaintiff has sustained physical impairment, incapacity and disability due to the incident and based upon reasonable probability will continue to experience the same in the future. Plaintiff has incurred reasonable and necessary expenses in counties where rendered of at least $17,523.63. Such services as rendered by doctors, nurses, and other healthcare providers were necessary and the charges therefor the usual, reasonable and customary charges for the same or similar service in the county where the services were provided. Plaintiff's injuries may continue in the future requiring further expenditures for doctors and medications, such medical services, past and future, being necessary and the charges therefor the usual, reasonable, and customary charges for the same or similar services in the county where provided, and Plaintiff sues herein for both past and future medical services. IX. By reason of all of the foregoing damages and injuries, Plaintiff has been damaged in an amount within the jurisdictional limits of this Court. REQUEST FOR DISCLOSURE In accordance with Tex.R.Civ.P.194, you are requested to disclose to Plaintiff at the office of the undersigned counsel for Plaintiff, within fifty (50) days of service of this request, the information or material described in Rule 194.2 (a)-(1). WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that Defendants answer, and upon final hearing thereof, Plaintiff have: a. judgment against the Defendants for a sum within the jurisdictional limits of this Court; Bb. pre-judgment interest at the maximum legal rate; PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 5c. interest after judgment at the maximum legal rate until paid; d, _costs of suit; and e. such other and further relief at law and in equity to which Plaintiff shows himself to be justly entitled. Respectfully submitted, ROLLE, BREELAND, RYAN, LANDAU, WINGLER & HINDMAN LYN T. BREELAND State Bar No. 02946500 2030 Main Street Suite 200 Dallas, Texas 75201 Tel: (214) 742-8897 Fax: (214) 637-6872 ATTORNEY FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE - Page 6