Preview
FILED
1 CIT/ ESERVE DALLAS COUNTY
7/30/2019 2:31PM
FELICIA PITRE
DISTRICT CLERK
Nikiya Harris
DC-19-10716
CAUSE NO.
ROSHONDA C. CLEWIS AND IN THE DISTRICT COURT
SHYONDA T. BOYD,
v.
V.
Plaintiffs,
_
44TH JUDICIAL DISTRICT
AURELIO M. AGUILAR ,
DALLAS COUNTY, TEXAS
Defendant.
PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
COME NOW, ROSHONDA C. CLEWIS AND SHYONDA T. BOYD, Plaintiffs,
and file Plaintiffs' Original Petition, complaining of Defendant, AURELIO M. AGUILAR ,
and would show unto the Court as follows:
|. SELECTION OF DISCOVERY LEVEL
1. This suit is governed by discovery control plan || under Rule 190.3 of the
Texas Rules of Civil Procedure.
||.
II.PARTIES
2. Plaintiff, ROSHONDA C. CLEWIS, is an individual who resides at 3627
Pacesetter Drive, Dallas, Dallas County, Texas 75241.
3. Plaintiff, SHYONDA T. BOYD, is an individual who resides at 4791 West
Ledbetter Drive Apartment 501, Dallas, Dallas County, Texas 75236.
4. Defendant, AURELIO M. AGUILAR, is an individual who resides at 3937
NW 23rd Street, Oklahoma City, Oklahoma County, Oklahoma, 731 O7,
07, and may be
served with process at that address or wherever he may be located. Citation is being
requested for this Defendant and service wi||
will be completed by a private process server.
|||. JURISDICTION & VENUE
5. The Court has continuing jurisdiction over Defendant, because Defendant
committed a tort in the State of Texas. The Court has jurisdiction over the subject
matter, because the damages are within the statutory jurisdictional limits of the Court.
6. Venue is proper in DALLAS County, Texas, because all or a substantial
part of the
7.
events
This
giving
lawsuit
rise to
results
this cause
from
IV.
an
M
of action
automobile
occurred
collision
in that county.
that occurred on or about
PLAINTIFFS' ORIGINAL PE’l‘lTlON/257532
PETITION/257532 Page 1
December 11‘“, 2017, at US—75 in Dallas, Dallas County, Texas. Plaintiff, Shyonda T.
Boyd, was a passenger in a vehicle being driven by Plaintiff, Roshonda C. Clewis.
Plaintiffs’ were traveling southbound on US-75. Defendant, Aurelio M. Aguilar, failed to
control speed and struck Plaintiffs’ vehicle from behind. As a result of the impact,
Plaintiffs suffered bodily injury.
V. NEGLIGENCE
8. At the time of the accident, Defendant, Aurelio M. Aguilar, was operating
his vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and
operate the vehicle reasonably and prudently. Defendant breached this duty in one or
more of the following ways:
a. Failure to maintain a proper lookout;
b. Failure to make such application of the brakes as a person using
ordinary care would have made;
c. Failure to maintain proper control of the vehicle under the
conditions then and there existing;
d. Failure to turn the vehicle to the right or left to avoid the collision;
e. Traveling at an unsafe speed; and
f. Failure to maintain an adequate distance between the vehicle and
the vehicle driven by Plaintiff.
VI. DAMAGES
9. As a proximate result of the Defendant's negligence, Plaintiffs suffered
bodily injury. Plaintiffs suffered the following damages:
a. Physical pain and mental anguish in the past and future;
b. Medical expenses in the past and future; and
c. Physical impairment.
VII. PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs ,
ROSHONDA C. CLEWIS
AND SHYONDA T. BOYD, respectfully request Defendant, AURELIO M. AGUILAR, be
cited to appear and answer, and on final trial, that Plaintiffs have judgment against
Defendant for:
a. Actual damages;
PLAINTIFFS' ORIGINAL PETITION/257532 Page 2
Prejudgment and post judgment interest as allowed by law;
99.0.6
Costs of suit;
Monetary relief over $200,000 but not more than $1 ,OO0,000; and
Any further relief, either in law or equity, to which Plaintiff s are
justly entitled.
V|||. REQUEST FOR DISCLOSURE
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, please disclose all
information identified in Rule 194.2 (a)
-
(I).
Respectfully submitted,
Ben Abbott & Associates, PLLC
1934 Pendleton Drive
Garland, TX 75041
(972) 263-5555
(81 7) 263-5555
(972) 682-7586 Facsimile
eService@benabbott.com
/s/ Griffin Scheumack
by: Griffin Scheumack
State Bar No. 24097168
ATTORNEYS FOR PLAINTIFFS
PLAINTIFFS' ORIGINAL PETITION/257532 Page 3
Preview
FILED 1 CIT/ ESERVE DALLAS COUNTY 7/30/2019 2:31PM FELICIA PITRE DISTRICT CLERK Nikiya Harris DC-19-10716 CAUSE NO. ROSHONDA C. CLEWIS AND IN THE DISTRICT COURT SHYONDA T. BOYD, v. V. Plaintiffs, _ 44TH JUDICIAL DISTRICT AURELIO M. AGUILAR , DALLAS COUNTY, TEXAS Defendant. PLAINTIFFS' ORIGINAL PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: COME NOW, ROSHONDA C. CLEWIS AND SHYONDA T. BOYD, Plaintiffs, and file Plaintiffs' Original Petition, complaining of Defendant, AURELIO M. AGUILAR , and would show unto the Court as follows: |. SELECTION OF DISCOVERY LEVEL 1. This suit is governed by discovery control plan || under Rule 190.3 of the Texas Rules of Civil Procedure. ||. II.PARTIES 2. Plaintiff, ROSHONDA C. CLEWIS, is an individual who resides at 3627 Pacesetter Drive, Dallas, Dallas County, Texas 75241. 3. Plaintiff, SHYONDA T. BOYD, is an individual who resides at 4791 West Ledbetter Drive Apartment 501, Dallas, Dallas County, Texas 75236. 4. Defendant, AURELIO M. AGUILAR, is an individual who resides at 3937 NW 23rd Street, Oklahoma City, Oklahoma County, Oklahoma, 731 O7, 07, and may be served with process at that address or wherever he may be located. Citation is being requested for this Defendant and service wi|| will be completed by a private process server. |||. JURISDICTION & VENUE 5. The Court has continuing jurisdiction over Defendant, because Defendant committed a tort in the State of Texas. The Court has jurisdiction over the subject matter, because the damages are within the statutory jurisdictional limits of the Court. 6. Venue is proper in DALLAS County, Texas, because all or a substantial part of the 7. events This giving lawsuit rise to results this cause from IV. an M of action automobile occurred collision in that county. that occurred on or about PLAINTIFFS' ORIGINAL PE’l‘lTlON/257532 PETITION/257532 Page 1 December 11‘“, 2017, at US—75 in Dallas, Dallas County, Texas. Plaintiff, Shyonda T. Boyd, was a passenger in a vehicle being driven by Plaintiff, Roshonda C. Clewis. Plaintiffs’ were traveling southbound on US-75. Defendant, Aurelio M. Aguilar, failed to control speed and struck Plaintiffs’ vehicle from behind. As a result of the impact, Plaintiffs suffered bodily injury. V. NEGLIGENCE 8. At the time of the accident, Defendant, Aurelio M. Aguilar, was operating his vehicle negligently. Specifically, Defendant had a duty to exercise ordinary care and operate the vehicle reasonably and prudently. Defendant breached this duty in one or more of the following ways: a. Failure to maintain a proper lookout; b. Failure to make such application of the brakes as a person using ordinary care would have made; c. Failure to maintain proper control of the vehicle under the conditions then and there existing; d. Failure to turn the vehicle to the right or left to avoid the collision; e. Traveling at an unsafe speed; and f. Failure to maintain an adequate distance between the vehicle and the vehicle driven by Plaintiff. VI. DAMAGES 9. As a proximate result of the Defendant's negligence, Plaintiffs suffered bodily injury. Plaintiffs suffered the following damages: a. Physical pain and mental anguish in the past and future; b. Medical expenses in the past and future; and c. Physical impairment. VII. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs , ROSHONDA C. CLEWIS AND SHYONDA T. BOYD, respectfully request Defendant, AURELIO M. AGUILAR, be cited to appear and answer, and on final trial, that Plaintiffs have judgment against Defendant for: a. Actual damages; PLAINTIFFS' ORIGINAL PETITION/257532 Page 2 Prejudgment and post judgment interest as allowed by law; 99.0.6 Costs of suit; Monetary relief over $200,000 but not more than $1 ,OO0,000; and Any further relief, either in law or equity, to which Plaintiff s are justly entitled. V|||. REQUEST FOR DISCLOSURE Pursuant to Rule 194 of the Texas Rules of Civil Procedure, please disclose all information identified in Rule 194.2 (a) - (I). Respectfully submitted, Ben Abbott & Associates, PLLC 1934 Pendleton Drive Garland, TX 75041 (972) 263-5555 (81 7) 263-5555 (972) 682-7586 Facsimile eService@benabbott.com /s/ Griffin Scheumack by: Griffin Scheumack State Bar No. 24097168 ATTORNEYS FOR PLAINTIFFS PLAINTIFFS' ORIGINAL PETITION/257532 Page 3