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FILED
1 CIT-ESERVE 4'28F’5358’1X3figé
DISTRICT CLERK
DALLAS CO.,TEXAS
Underwood
Christi DEPUTY
DARYOUSH TOOFANIAN, ESQ.
BAR N0. 24039801
RAD LAW FIRM
8001 LBJ FWY, SUITE 300
DALLAS, TEXAS 75251
PH: 972-661-1111
FAX: 972-661-3537
CAUSE NO. DC-19-09814
JAMES HOORMAN, IN THE DISTRICT COURT
PLAINTIFF,
V.
PARAMOUNT FLEET SERVICES, LLC, _160TH_JUDIC1AL DISTRICT
ALEX MUHUTI, PAUL NGUGI, WWWWWWWWWWWW
SURAJI DAUDA, FE-SI DFW TRUCK
CENTERS, LP, FED EX CUSTOM
CRITICAL, INC., AND FRANCES KAMAU
MUHUNGI AKA “ALEX MUHUTI”
DEFENDANTS. DALLAS COUNTY, TEXAS
PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES JAMES HOORMAN complaining 0f and against Defendants
PARAMOUNT FLEET SERVICES, LLC, ALEX MUHUTI, PAUL NGUGI, SURAJI
DAUDA, FE-SI DFW TRUCK CENTERS, LP, FED EX CUSTOM CRITICAL, INC., AND
FRANCES KAMAU MUHUNGI AKA “ALEX MUHUTI” and for cause of action would
respectfully show the Court the following:
I. DISCOVERY CONTROL PLAN LEVEL and EXPEDITED ACTIONS STATEMENT
1.01 Pursuant t0 Texas Rules of Civil Procedure Rule 190.3, Plaintiffs request that
discovery be conducted in accordance With Discovery Control Plan-Level 2.
1.02 Plaintiffs seek damages in excess of one million dollars.
II. JURISDICTION AND VENUE
2.01 This Court has jurisdiction and venue over the parties and subject matter 0f these
claims because the amount in controversy is Within the jurisdictional limits of this Court, and the
events giving rise to this lawsuit occurred in Collin County.
PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page1 0f 5
III. PARTIES AND SERVICE
3.01 Plaintiffs are individuals residing in Dallas County, Texas.
3.02 Defendant, PARAMOUNT FLEET SERVICES, LLC, is a Texas entity who may
be served With citation through its registered agent PAUL NGUGI AT 5341 LOS ALTOS, FT.
WORTH, TEXAS 76244.
3.03 Defendant, ALEX MUHUTI, is an individual Who may be served with citation at
his residence, at 5341 LOS ALTOS, FT. WORTH, TEXAS 76244.
3.04 Defendant, PAUL NGUGI, is an individual who may be served with citation at his
residence, at 5341 LOS ALTOS, FT. WORTH, TEXAS 76244.
3.05 Defendant, SURAJI DAUDA, isan individual Who may be served With citation at
his residence, AT 800 UNIVERSITY STREET, MARTIN, TENNESSEE 38237-1636.
3.06 Defendant, FEDEX CUSTOM CRITICAL, INC, is a Tennessee entity Who may
be served by serving its registered agent, CT CORPORATION SYSTEM at 1999 BRYAN
STREET, SUITE 900, DALLAS, TEXAS 75201.
3.07 Defendant, FE-SI DFW TRUCK CENTERS, LP, may be served With citation
through its registered agent, R. HOLT LUNSFORD at 5950 BERKSHIRE LANE, SUITE 900,
DALLAS, TEXAS 75225.
3.08 Defendant, FRANCES KAMAU MUHUNGI aka “ALEX MUHUTI” can be
served With citation at 11330 AMANDA LANE, APT, 924, DALLAS, TX 75238. PLEASE
ISSUE CITATION FOR THIS DEFENDANT.
IV. FACTS
4.01 The incident complained of herein occurred 0n August 18, 2017 in Dallas County,
Texas. On that fateful day, Muhuti, while in the course and scope 0f his employment with Ngugi
PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page 2 0f 5
and Paramount slammed into Plaintiff’s vehicle in a parking lot, causing him injuries and other
damages. Paramount was owned by Ngugi at all times relevant to this case.
4.02 ALTERNATIVELY, the vehicle was driven by Duada who was in the course and
scope 0f his employment with Fed EX.
V. LIABILITY
5.01 The employer Defendants are grossly and ordinarily negligent for the following
I‘CaSOI’lSI
They were negligent in its hiring and retention policies as it hired and
retained an unreasonably dangerous individual;
Each driver’s negligence is imputed 0n its employer by the acts and
omissions 0f its employee through itsagency relationship with him, and the
doctrine ofrespondeat superior.
5.02 Each driver is grossly and ordinarily negligent for the following reasons:
He failed to keep a proper lookout for the Plaintiff s safety that would have
been maintained by a person of ordinary prudence under the same or similar
circumstances;
He failed to timely apply his brakes;
He failed to take proper evasive action that would have been taken by a
person of ordinary prudence under the same 01'similar circumstances;
He failed t0 remain reasonably attentive to the traffic and other conditions
existing 0n the roadway as a reasonably prudent person would have been
under the same 01'similar circumstances;
He failed to pay requisite attention as a reasonably prudent driver would;
He failed t0 control his speed and yield right ofway; and
PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page 3 0f 5
g. He ignored and breached applicable laws and regulations regarding the
operation of his vehicle and thereby caused the collision.
5.03 The acts and omissions complained ofproximately caused the Plaintiffs’ injuries.
VI. DAMAGES
6.01 As a direct and proximate result of the occurrence made the basis 0f this lawsuit,
Plaintiffs were caused t0 suffer severe bodily injuries and damages as set out below.
a. Reasonable expenses for necessary medical care in the past and filture;
b. Lost wages and/or lost earning capacity, past and future;
c. Pain and suffering in the past and future;
d. Physical impairment in the past and future;
e. Disfigurement, past and filture;
f. Property Damage;
g. Loss oste; and
h. Defendants’ conduct when Viewed objectively, involved an extreme degree ofrisk,
considering the probability and magnitude of the potential harm t0 others, and of Which
each Defendant had actual, subjective awareness 0f the risk involved, but nevertheless
proceeded with conscious indifference t0 the rights, safety and welfare of others,
specifically including Plaintiff, as such, Plaintiff additionally seek exemplary damages as
allowed by Chapter 41 0f the Texas Civil Practice & Remedies Code.
VI. REQUEST FOR DISCLOSURE
Pursuant t0 Rule 194 of the Texas Rules of Civil Procedure, Defendant is requested t0
disclose, Within fifty (50) days 0f service 0f this request, the information or material described in
Rule 194.2 (a—1).
PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page 4 0f 5
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the
Defendants be cited to appear and answer herein, and that upon final hearing ofthe cause, judgment
be entered for the Plaintiff against the Defendants, jointly and severally, for damages in an amount
within the jurisdictional limits ofthe Court, together With pre-judgment and post-judgment interest
at the maximum rate allowed by law, costs 0f court, and such other and further relief t0 which
Plaintiff may show himselfjustly entitled.
Respectfillly submitted,
RAD LAW FIRM
BY:_/s/ Daryoush Toofanian
DARYOUSH TOOFANIAN
State Bar N0. 24039801
8001 LBJ Freeway, Suite 300
Dallas, Texas 75251
Main Phone (972) 661-1 1 11
Direct Fax (972) 354-5655
E-service: efileDTQDradlawfirmcom
dtoofanian@radlawfirm.com (communications only)
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF SERVICE
A copy ofthe foregoing was delivered to all counsel ofrecord by e-service 0n April 28, 2020.
_/s/ Daryoush Toofanian
DARYOUSH TOOFANIAN
PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page 5 of 5
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FILED 1 CIT-ESERVE 4'28F’5358’1X3figé DISTRICT CLERK DALLAS CO.,TEXAS Underwood Christi DEPUTY DARYOUSH TOOFANIAN, ESQ. BAR N0. 24039801 RAD LAW FIRM 8001 LBJ FWY, SUITE 300 DALLAS, TEXAS 75251 PH: 972-661-1111 FAX: 972-661-3537 CAUSE NO. DC-19-09814 JAMES HOORMAN, IN THE DISTRICT COURT PLAINTIFF, V. PARAMOUNT FLEET SERVICES, LLC, _160TH_JUDIC1AL DISTRICT ALEX MUHUTI, PAUL NGUGI, WWWWWWWWWWWW SURAJI DAUDA, FE-SI DFW TRUCK CENTERS, LP, FED EX CUSTOM CRITICAL, INC., AND FRANCES KAMAU MUHUNGI AKA “ALEX MUHUTI” DEFENDANTS. DALLAS COUNTY, TEXAS PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES JAMES HOORMAN complaining 0f and against Defendants PARAMOUNT FLEET SERVICES, LLC, ALEX MUHUTI, PAUL NGUGI, SURAJI DAUDA, FE-SI DFW TRUCK CENTERS, LP, FED EX CUSTOM CRITICAL, INC., AND FRANCES KAMAU MUHUNGI AKA “ALEX MUHUTI” and for cause of action would respectfully show the Court the following: I. DISCOVERY CONTROL PLAN LEVEL and EXPEDITED ACTIONS STATEMENT 1.01 Pursuant t0 Texas Rules of Civil Procedure Rule 190.3, Plaintiffs request that discovery be conducted in accordance With Discovery Control Plan-Level 2. 1.02 Plaintiffs seek damages in excess of one million dollars. II. JURISDICTION AND VENUE 2.01 This Court has jurisdiction and venue over the parties and subject matter 0f these claims because the amount in controversy is Within the jurisdictional limits of this Court, and the events giving rise to this lawsuit occurred in Collin County. PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page1 0f 5 III. PARTIES AND SERVICE 3.01 Plaintiffs are individuals residing in Dallas County, Texas. 3.02 Defendant, PARAMOUNT FLEET SERVICES, LLC, is a Texas entity who may be served With citation through its registered agent PAUL NGUGI AT 5341 LOS ALTOS, FT. WORTH, TEXAS 76244. 3.03 Defendant, ALEX MUHUTI, is an individual Who may be served with citation at his residence, at 5341 LOS ALTOS, FT. WORTH, TEXAS 76244. 3.04 Defendant, PAUL NGUGI, is an individual who may be served with citation at his residence, at 5341 LOS ALTOS, FT. WORTH, TEXAS 76244. 3.05 Defendant, SURAJI DAUDA, isan individual Who may be served With citation at his residence, AT 800 UNIVERSITY STREET, MARTIN, TENNESSEE 38237-1636. 3.06 Defendant, FEDEX CUSTOM CRITICAL, INC, is a Tennessee entity Who may be served by serving its registered agent, CT CORPORATION SYSTEM at 1999 BRYAN STREET, SUITE 900, DALLAS, TEXAS 75201. 3.07 Defendant, FE-SI DFW TRUCK CENTERS, LP, may be served With citation through its registered agent, R. HOLT LUNSFORD at 5950 BERKSHIRE LANE, SUITE 900, DALLAS, TEXAS 75225. 3.08 Defendant, FRANCES KAMAU MUHUNGI aka “ALEX MUHUTI” can be served With citation at 11330 AMANDA LANE, APT, 924, DALLAS, TX 75238. PLEASE ISSUE CITATION FOR THIS DEFENDANT. IV. FACTS 4.01 The incident complained of herein occurred 0n August 18, 2017 in Dallas County, Texas. On that fateful day, Muhuti, while in the course and scope 0f his employment with Ngugi PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page 2 0f 5 and Paramount slammed into Plaintiff’s vehicle in a parking lot, causing him injuries and other damages. Paramount was owned by Ngugi at all times relevant to this case. 4.02 ALTERNATIVELY, the vehicle was driven by Duada who was in the course and scope 0f his employment with Fed EX. V. LIABILITY 5.01 The employer Defendants are grossly and ordinarily negligent for the following I‘CaSOI’lSI They were negligent in its hiring and retention policies as it hired and retained an unreasonably dangerous individual; Each driver’s negligence is imputed 0n its employer by the acts and omissions 0f its employee through itsagency relationship with him, and the doctrine ofrespondeat superior. 5.02 Each driver is grossly and ordinarily negligent for the following reasons: He failed to keep a proper lookout for the Plaintiff s safety that would have been maintained by a person of ordinary prudence under the same or similar circumstances; He failed to timely apply his brakes; He failed to take proper evasive action that would have been taken by a person of ordinary prudence under the same 01'similar circumstances; He failed t0 remain reasonably attentive to the traffic and other conditions existing 0n the roadway as a reasonably prudent person would have been under the same 01'similar circumstances; He failed to pay requisite attention as a reasonably prudent driver would; He failed t0 control his speed and yield right ofway; and PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page 3 0f 5 g. He ignored and breached applicable laws and regulations regarding the operation of his vehicle and thereby caused the collision. 5.03 The acts and omissions complained ofproximately caused the Plaintiffs’ injuries. VI. DAMAGES 6.01 As a direct and proximate result of the occurrence made the basis 0f this lawsuit, Plaintiffs were caused t0 suffer severe bodily injuries and damages as set out below. a. Reasonable expenses for necessary medical care in the past and filture; b. Lost wages and/or lost earning capacity, past and future; c. Pain and suffering in the past and future; d. Physical impairment in the past and future; e. Disfigurement, past and filture; f. Property Damage; g. Loss oste; and h. Defendants’ conduct when Viewed objectively, involved an extreme degree ofrisk, considering the probability and magnitude of the potential harm t0 others, and of Which each Defendant had actual, subjective awareness 0f the risk involved, but nevertheless proceeded with conscious indifference t0 the rights, safety and welfare of others, specifically including Plaintiff, as such, Plaintiff additionally seek exemplary damages as allowed by Chapter 41 0f the Texas Civil Practice & Remedies Code. VI. REQUEST FOR DISCLOSURE Pursuant t0 Rule 194 of the Texas Rules of Civil Procedure, Defendant is requested t0 disclose, Within fifty (50) days 0f service 0f this request, the information or material described in Rule 194.2 (a—1). PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page 4 0f 5 PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that the Defendants be cited to appear and answer herein, and that upon final hearing ofthe cause, judgment be entered for the Plaintiff against the Defendants, jointly and severally, for damages in an amount within the jurisdictional limits ofthe Court, together With pre-judgment and post-judgment interest at the maximum rate allowed by law, costs 0f court, and such other and further relief t0 which Plaintiff may show himselfjustly entitled. Respectfillly submitted, RAD LAW FIRM BY:_/s/ Daryoush Toofanian DARYOUSH TOOFANIAN State Bar N0. 24039801 8001 LBJ Freeway, Suite 300 Dallas, Texas 75251 Main Phone (972) 661-1 1 11 Direct Fax (972) 354-5655 E-service: efileDTQDradlawfirmcom dtoofanian@radlawfirm.com (communications only) ATTORNEY FOR PLAINTIFF CERTIFICATE OF SERVICE A copy ofthe foregoing was delivered to all counsel ofrecord by e-service 0n April 28, 2020. _/s/ Daryoush Toofanian DARYOUSH TOOFANIAN PLAINTIFF’S SECOND AMENDED PETITION AND REQUEST FOR DISCLOSURE Page 5 of 5