Preview
3/5/2024 12:29 AM
Marilyn Burgess - District Clerk Harris County
Envelope No. 85186907
2024-14135 / Court: 189 By: Chandra Lawson
Filed: 3/5/2024 12:29 AM
CAUSE NO.
NELLY NICOL PEREZ, IN THE DISTRICT COURT OF
Plaintiff,
HARRIS COUNTY, TEXAS
VS
ALCIBIADES PERTUZ,
Defendant, JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION.
INTERROGATORIES AND RE! UESTS FOR PRODUCTION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, NELLY NICOL PEREZ, Plaintiff, complaining of and against
ALCIBIADES PERTUZ, Defendant, and for cause of action would show unto this Honorable
Court the following:
I
DISCOVERY CONTROL PLAN
1.1 Pursuant to the Texas Rules of Civil Procedure, Rule 190.1, Plaintiff states that the
litigation of this case will be controlled by Level 2 discovery.
I.
PARTIES
21 Plaintiff, NELLY NICOL PEREZ, is, and was at all times material hereto, a
resident of Harris County, Texas.
2.2 Defendant, ALCIBIADES PERTUZ, is an individual residing in Harris County,
Texas, and may be served with a citation at 12567 Emerald Gate Drive, Frisco, Texas 75035, or
wherever he may be found.
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il.
VENUE
3.1 The incident that forms the basis of this lawsuit occurred in Harris County, Texas,
thus venue is proper in Harris County, Texas, by virtue of § 15.002 TEX.CIV.PRAC.& REM. CODE
(Vernon 1985).
3.2 This Court has jurisdiction over the parties and the subject matter hereof.
Iv.
FACTS
41 It has become necessary to bring this suit by reason of an automobile collision
which occurred on or about May 5, 2021, on the intersection of Heights Blvd and Center Street,
in Harris County, Texas
42 At the time of the accident, Plaintiff was traveling east on Center Street.
43 At the same time, Defendant, ALCIBIADES PERTUZ, was traveling north on
Heights Blvd with a red traffic signal
44 Suddenly and without warning, Defendant ran the red light at the intersection and
collided with Plaintiff's vehicle.
45 As a direct result of the impact, Plaintiff has sustained damages in excess of the
minimum jurisdictional limits of this Court.
46 Plaintiff would further show that nothing Plaintiff did caused or contributed to the
collision which forms the basis of this suit
47 This suit is brought to collect a debt which is due and owing as a result of the
injuries and damages that have been sustained by the Plaintiff.
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Vv
CAUSE OF ACTION
5.1 On the occasion in question, Defendant operated his vehicle in a negligent manner
and violated the duty he owed to Plaintiff to exercise ordinary care in the operation of a motor
vehicle. Such acts include, but are not limited to, the following particulars:
a) Failing to maintain a proper lookout as such a person of ordinary
prudence would have maintained under the same or similar circumstances;
b) Failing to control the distance between his vehicle and surrounding
vehicles;
c) Failing to maintain attention;
qd) Failing to stop at a red traffic signal;
e) Failing to control his vehicle;
Failing to maneuver his vehicle so as to avoid a collision; and
3) Such other acts as may become known through discovery
Each of the above referenced acts and omissions, singularly or in combination, constitute
negligence and negligence per se, which proximately caused the collision and damages.
5.2 Defendant’s negligence per se is manifested in his violation of Chapter 545 of the
Transportation Code, as specifically delineated in paragraph 4 above.
5.3 But for the conduct of the Defendant, who failed to act as a reasonably prudent
person, the collision which forms the basis of this suit and the damages sustained by the Plaintiff
as a result thereof would not have occurred.
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VI.
DAMAGES
6.1 Plaintiff prays for all the relief to which Plaintiff may show she is justly entitled,
which includes the following:
a) Medical expenses in the past;
b) Medical expenses in the future;
c) Pain and suffering in the past
d) Pain and suffering in the future;
e) Mental anguish in the past;
f) Mental anguish in the future;
3) Past impairment,
h) Future impairment;
i) Lost wages in the past;
Dd Lost wages in the future; and,
k) Property damage, including loss of use.
Vil.
COURT COSTS
Plaintiff requests that she recover from the Defendant all costs incurred pursuant to Rule
131, TEX.R.ClIv.P.
VII.
PRE- AND POST-JUDGMENT INTEREST
Plaintiff requests that she be granted pre-judgment interest at the maximum rate allowed
by law per year on the account, commencing on the thirtieth day from and after the sum is due and
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payable, until date of judgment; together with post-judgment interest at the maximum rate allowed
by law from date of judgment until the judgment has been paid in full.
IX.
CONDITIONS PRECEDENT
All conditions precedent to Plaintiff's right to bring this action and to recover her damages
and to Defendant’s liability have been performed or has occurred.
X.
ADOPTION BY REFERENCE
Except as otherwise expressly set forth or implied by context, all statements set forth in
each paragraph of this pleading are adopted by reference and incorporated into each and every
other section and paragraph of this pleading to afford Plaintiff her maximum recovery for relief
and for purposes of providing fair notice of Plaintiff’s allegations.
XI
AMOUNT OF RECOVERY SOUGHT
Pursuant to TRCP 47, Plaintiff seeks to recover monetary relief over $250,000.00 but not
more than $1,000,000.00
XI.
INTERROGATORIES AND REQUESTS FOR PRODUCTION TO DEFENDANT
These discovery requests are being served on Defendant, thirty-five (35) days after
Defendant’s original answer is filed.
Pursuant to Rule 196 and 197, TEX.R.CIV.P., Plaintiff herein, propound the following
interrogatories and requests for production to Defendant
You are notified that your answers to the interrogatories must be filed separately, in
writing, under oath and properly sworn under oath within thirty (30) days from the date of
service of these interrogatories upon Defendant and that your sworn answers may be offered into
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evidence at the trial of this cause
Plaintiff also requests Defendant produce the information, records, and/or documents
requested and identified herein below in Plaintiffs request for production for inspection and
copying within thirty (30) days following service at the office of the undersigned.
You are further charged with the duty, as imposed upon you by Rule 193.5,
TEX.R.CIV.P., to reasonably supplement your answers if you obtain information upon the basis
of which
(a) You or your attorney know that the answer to one or more of the following
interrogatories was incorrect or incomplete when made; or
(b) You or your attorney know that your answer to one or more of the
following interrogatories, though correct and complete when made, is no
longer true and complete and the circumstances are such that failure to
amend your answer is, in substance, misleading; or
(c) Information responsive to the request for production becomes available
after your responses to the requests for production have been served.
Interrogatories
INTERROGATORY NO. 1
Identify yourself and any other person either participating in the preparation of your answers to
these interrogatories or supplying information used in such preparation, and identify the answers
in which he/she was involved, giving your full name, residence and business addresses, residence
and business telephone numbers, and occupation.
ANSWER:
INTERROGATORY NO. 2
State your complete employment history during the ten-year period immediately preceding the
incident and the complete educational history of Defendant. Include in your answer for each
employment the name of the employer, the employer's address and telephone number, your job
title, and the name of your supervisor.
ANSWER:
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INTERROGATORY NO. 3
Identify all documents referring to the incident or otherwise containing relevant facts as defined
in Rule 192.3 (a) and (b), TEX.R.CIV.P., and state with specificity what particular relevant fact
each document contains.
ANSWER:
INTERROGATORY NO. 4
Describe fully your understanding of how the incident occurred and state specifically and in
detail what the claim or contention of the Defendant will be regarding any cause or contributing
cause of the collision, including a statement in detail of the facts and information upon which
such contention is based.
ANSWER:
INTERROGATORY NO. 5
State the speed of your vehicle at all times material to the collision in question including,
specifically
a. Your speed at the time of impact;
b Whether your brakes were applied at the time of impact;
Cc. Your speed before applying your brakes;
d The location of your vehicle as opposed to the Plaintiff's vehicle.
ANSWER:
INTERROGATORY NO. 6
State in detail what intoxicating beverages, if any, you had consumed and what drugs and
medication, if any, you had ingested during the 24-hour period immediately preceding the
collision.
ANSWER:
INTERROGATORY NO. 7
State each and every act which you contend Plaintiff should have performed or should not have
performed to avoid the incident or the damages arising therefrom. As to each such act or
inaction identified in this answer to the foregoing interrogatory, please further set forth:
a. each and every non-privileged fact which you contend supports the subject
contention;
the identity of any person known to you who possesses or claims to possess
knowledge of any non-privileged facts supporting each contention;
an identification, with such particularity as you would require in a motion to
produce, of each and every writing which relates to or supports each such
contention; and
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d the identity of the custodian of each writing identified in your answer to the
foregoing sub-part of this interrogatory
ANSWER:
INTERROGATORY NO. 8
State as fully as you ever intend to, whether you contend that the Plaintiff has exaggerated any
complaint, symptom or impairment in connection with the injuries alleged to have been sustained
in the incident. If so, identify as fully as you ever intend to, all facts and circumstances on which
you base your contention.
ANSWER:
INTERROGATORY NO. 9
Do you contend that the negligence of anyone other than Defendant caused or contributed to the
injuries, losses or damages in this lawsuit? If so, identify each other party that you contend to
have been negligent and the manner in which each such party was negligent?
ANSWER:
INTERROGATORY NO. 10
Identify each health care professional, hospital and/or clinic who has examined or treated you for
the injuries you allegedly sustained in the accident involved in this suit. For each such health
care professional, hospital and or clinic state the dates of examination and/or treatment; the
nature of such examination or treatment; the diagnosis rendered as a result of each such
examination; and the costs of each examination or treatment.
ANSWER:
INTERROGATORY NO. 11
Please state whether or not you have ever been charged, convicted of, or pleaded guilty to any
crime, felony or misdemeanor, describing the nature and extent of such charge or conviction,
together with the person or entity making such charges, the exact time such charges were made,
and, if applicable, the court, cause number and date when a judgment of conviction was entered
against you, stating whether you are presently on probation in connection with any such
conviction.
ANSWER:
INTERROGATORY NO. 12
Please state whether you intend to impeach Plaintiff or any of Plaintiff's witnesses with evidence
of a criminal conviction, pursuant to TEX. R. Civ. EVIDENCE 609. If so, please describe such
evidence by giving the name of the accused, the nature of the crime and the date of the
conviction.
ANSWER:
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INTERROGATORY NO. 13
Please state the substance of all conversations that occurred between you and Plaintiff (or any
and all agents, servants or employees of Plaintiff) or any witness or other person concerning the
incident made the basis of this suit and identify (name, address and phone number) all persons
who participated in, were present during, or overheard these conversations.
ANSWER:
INTERROGATORY NO. 14
Identify (name, address, and phone number) all persons you will call (whether live, by deposition
or by affidavit) to testify at trial.
ANSWER:
INTERROGATORY NO. 15
State whether or not you did any of the following acts to avoid the accident made the basis of this
suit.
a. Honked the horn.
b Applied the brakes.
C. Turned to the left or right to avoid the collision.
Tf not, give your reason for failing to do so
ANSWER:
INTERROGATORY NO. 16
If weather, lighting conditions, visibility, obstructions or any similar factor contributed to the
accident made the basis of this suit, state the factor or factors and the manner in which each
contributed to the accident.
ANSWER:
INTERROGATORY NO. 17
Did you see the Plaintiff's vehicle prior to the accident? If so, state when and what you saw.
ANSWER:
INTERROGATORY NO. 18
Please state whether you received a traffic citation following the accident. If you did, please state
the charges asserted and the resolution of said charges.
ANSWER:
INTERROGATORY NO. 19
Please state where you were coming from and where you were going to before the accident
occurred?
ANSWER:
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INTERROGATORY NO. 20
Tf you are contending that the injuries suffered in this accident were an exacerbation or the same
injuries that were the result of a previous incident, please state the basis for your contention,
identifying the previous injuries, type of incident and date of previous incident
ANSWER:
Requests for Production
Please produce for inspection and copying the following documents, information, or
tangible things in your possession, custody or control:
REQUEST NO. 1
Any documents reflecting the names, addresses, and telephone numbers of any persons or
entities who have been contacted, or from whom any information has been obtained, who may
have knowledge of facts of any discoverable matter, whether admissible or not, relevant to the
subject matter of this action, or that may lead to the discovery of admissible evidence
RESPONSE
REQUEST NO. 2
Any documents reflecting the identity and location name, address, telephone number and
employer of any expert who may be called as a witness, the subject matter to which the witness
is expected to testify, the mental impressions and opinions held by the expert, and the facts
known to the expert which relate to or form the basis and the mental impressions and opinions
held by the expert.
RESPONSE
REQUEST NO. 3
Copies of any document or statement which any witness for Defendant will use or you anticipate
may use to refresh his/her memory for either deposition or trial.
RESPONSE:
REQUEST NO. 4
Any and all professional or scientific literature, including treatises, periodicals, or pamphlets
which each expert witness contends are reliable authorities and are material to the subject of his
analysis and opinions in this cause of action, and from which the witness may read, quote, refer,
or allude to during the trial of this cause of action pursuant to Rule 803(18), Texas Rules of
Evidence.
RESPONSE:
REQUEST NO. 5
Any and all expert reports which were or will be relied upon in whole or in part by any testifying
expert in this case.
RESPONSE:
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REQUEST NO. 6
Any and all photographs of the scene of the incident and/or vehicles involved in the incident.
RESPONSE:
REQUEST NO. 7
Any and all drawings, maps or sketches of the scene of the incident.
RESPONSE
REQUEST NO. 8
Any and all repair records, damage reports and repair estimates for Defendant’s vehicle as a
result of the damages sustained in the accident that forms the basis of this suit.
RESPONSE:
REQUEST NO. 9
Any and all damage reports and repair estimates for Plaintiffs vehicle as a result of the damages
sustained in the accident that forms the basis of this suit.
RESPONSE:
REQUEST NO. 10
A copy of the title to the vehicle driven by Defendant at the time of the incident.
RESPONSE:
REQUEST NO. 11
Copies of all documents evidencing mechanical repairs done to Defendant’s vehicle involved in
the incident from the date Defendant first acquired said vehicle to the present.
RESPONSE:
REQUEST NO. 12
Any and all photographs, movies, video recordings, or visual reproductions of any kind in your
possession, the possession of your attorney, your experts, or any other person acting on your
behalf pertaining to the incident, the scene of the incident, or any other fact or matter that is the
subject or related to the subject of this suit, whether or not expected to be introduced into
evidence at trial
RESPONSE:
REQUEST NO. 13
Any and all papers, books, accounts, writings, drawings, or graphs which may be used in the
prosecution of this cause of action.
RESPONSE:
REQUEST NO. 14
Any and all books, documents, photographs or other tangible things which may be used at the
time of trial which may have a bearing on this cause of action.
RESPONSE:
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REQUEST NO. 15
Any and all documents and tangible things, the production of which has not been requested
pursuant to any other request which you intend to offer into evidence at the trial of this case.
RESPONSE
REQUEST NO. 16
Any and all documents and tangible things, the production of which has not been requested
pursuant to any other request which you do not intend to offer into evidence at the trial of this
case, but which you may use as demonstrative evidence at trial
RESPONSE:
REQUEST NO. 17
Any and all statements previously made by Plaintiff concerning the subject matter of this
lawsuit, including any written statement signed or otherwise adopted or approved by the Plaintiff
hereto and any stenographic, mechanical, electrical or other type of recording or any
transcription thereof made by the Plaintiff and contemporaneously recorded.
RESPONSE
REQUEST NO. 18
A complete copy of all records or documents obtained by subpoena.
RESPONSE
REQUEST NO. 19
All transcripts of depositions pertaining to this matter.
RESPONSE:
REQUEST NO. 20
Attach hereto a copy of your itemized car phone bill for the date of the accident.
RESPONSE:
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to
appear and answer herein; that Plaintiff be awarded actual and special damages in a sum to be
specified by the trier of fact; that Plaintiff be awarded expenses and costs of court; that Plaintiff be
granted pre- and post-judgment interest as provided by law; and that Plaintiff receive such other
and further relief, general or special, legal or equitable, to which she may be justly entitled.
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Respectfully submitted,
LAW OFFICES OF LUIS GARCIA, PLLC
By: /s/ Luis Garcia
Luis Garcia
State Bar No. 24097725
Litigation@luisgarcialaw.com
Texas Bar No.: 24097725
13364 Woodforest Boulevard,
Houston, Texas 77015
(832) 212-8302 Telephone
ATTORNEY FOR PLAINTIFF
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Preview
3/5/2024 12:29 AM Marilyn Burgess - District Clerk Harris County Envelope No. 85186907 2024-14135 / Court: 189 By: Chandra Lawson Filed: 3/5/2024 12:29 AM CAUSE NO. NELLY NICOL PEREZ, IN THE DISTRICT COURT OF Plaintiff, HARRIS COUNTY, TEXAS VS ALCIBIADES PERTUZ, Defendant, JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION. INTERROGATORIES AND RE! UESTS FOR PRODUCTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, NELLY NICOL PEREZ, Plaintiff, complaining of and against ALCIBIADES PERTUZ, Defendant, and for cause of action would show unto this Honorable Court the following: I DISCOVERY CONTROL PLAN 1.1 Pursuant to the Texas Rules of Civil Procedure, Rule 190.1, Plaintiff states that the litigation of this case will be controlled by Level 2 discovery. I. PARTIES 21 Plaintiff, NELLY NICOL PEREZ, is, and was at all times material hereto, a resident of Harris County, Texas. 2.2 Defendant, ALCIBIADES PERTUZ, is an individual residing in Harris County, Texas, and may be served with a citation at 12567 Emerald Gate Drive, Frisco, Texas 75035, or wherever he may be found. -1- il. VENUE 3.1 The incident that forms the basis of this lawsuit occurred in Harris County, Texas, thus venue is proper in Harris County, Texas, by virtue of § 15.002 TEX.CIV.PRAC.& REM. CODE (Vernon 1985). 3.2 This Court has jurisdiction over the parties and the subject matter hereof. Iv. FACTS 41 It has become necessary to bring this suit by reason of an automobile collision which occurred on or about May 5, 2021, on the intersection of Heights Blvd and Center Street, in Harris County, Texas 42 At the time of the accident, Plaintiff was traveling east on Center Street. 43 At the same time, Defendant, ALCIBIADES PERTUZ, was traveling north on Heights Blvd with a red traffic signal 44 Suddenly and without warning, Defendant ran the red light at the intersection and collided with Plaintiff's vehicle. 45 As a direct result of the impact, Plaintiff has sustained damages in excess of the minimum jurisdictional limits of this Court. 46 Plaintiff would further show that nothing Plaintiff did caused or contributed to the collision which forms the basis of this suit 47 This suit is brought to collect a debt which is due and owing as a result of the injuries and damages that have been sustained by the Plaintiff. ~2- Vv CAUSE OF ACTION 5.1 On the occasion in question, Defendant operated his vehicle in a negligent manner and violated the duty he owed to Plaintiff to exercise ordinary care in the operation of a motor vehicle. Such acts include, but are not limited to, the following particulars: a) Failing to maintain a proper lookout as such a person of ordinary prudence would have maintained under the same or similar circumstances; b) Failing to control the distance between his vehicle and surrounding vehicles; c) Failing to maintain attention; qd) Failing to stop at a red traffic signal; e) Failing to control his vehicle; Failing to maneuver his vehicle so as to avoid a collision; and 3) Such other acts as may become known through discovery Each of the above referenced acts and omissions, singularly or in combination, constitute negligence and negligence per se, which proximately caused the collision and damages. 5.2 Defendant’s negligence per se is manifested in his violation of Chapter 545 of the Transportation Code, as specifically delineated in paragraph 4 above. 5.3 But for the conduct of the Defendant, who failed to act as a reasonably prudent person, the collision which forms the basis of this suit and the damages sustained by the Plaintiff as a result thereof would not have occurred. 3- VI. DAMAGES 6.1 Plaintiff prays for all the relief to which Plaintiff may show she is justly entitled, which includes the following: a) Medical expenses in the past; b) Medical expenses in the future; c) Pain and suffering in the past d) Pain and suffering in the future; e) Mental anguish in the past; f) Mental anguish in the future; 3) Past impairment, h) Future impairment; i) Lost wages in the past; Dd Lost wages in the future; and, k) Property damage, including loss of use. Vil. COURT COSTS Plaintiff requests that she recover from the Defendant all costs incurred pursuant to Rule 131, TEX.R.ClIv.P. VII. PRE- AND POST-JUDGMENT INTEREST Plaintiff requests that she be granted pre-judgment interest at the maximum rate allowed by law per year on the account, commencing on the thirtieth day from and after the sum is due and —4- payable, until date of judgment; together with post-judgment interest at the maximum rate allowed by law from date of judgment until the judgment has been paid in full. IX. CONDITIONS PRECEDENT All conditions precedent to Plaintiff's right to bring this action and to recover her damages and to Defendant’s liability have been performed or has occurred. X. ADOPTION BY REFERENCE Except as otherwise expressly set forth or implied by context, all statements set forth in each paragraph of this pleading are adopted by reference and incorporated into each and every other section and paragraph of this pleading to afford Plaintiff her maximum recovery for relief and for purposes of providing fair notice of Plaintiff’s allegations. XI AMOUNT OF RECOVERY SOUGHT Pursuant to TRCP 47, Plaintiff seeks to recover monetary relief over $250,000.00 but not more than $1,000,000.00 XI. INTERROGATORIES AND REQUESTS FOR PRODUCTION TO DEFENDANT These discovery requests are being served on Defendant, thirty-five (35) days after Defendant’s original answer is filed. Pursuant to Rule 196 and 197, TEX.R.CIV.P., Plaintiff herein, propound the following interrogatories and requests for production to Defendant You are notified that your answers to the interrogatories must be filed separately, in writing, under oath and properly sworn under oath within thirty (30) days from the date of service of these interrogatories upon Defendant and that your sworn answers may be offered into —5- evidence at the trial of this cause Plaintiff also requests Defendant produce the information, records, and/or documents requested and identified herein below in Plaintiffs request for production for inspection and copying within thirty (30) days following service at the office of the undersigned. You are further charged with the duty, as imposed upon you by Rule 193.5, TEX.R.CIV.P., to reasonably supplement your answers if you obtain information upon the basis of which (a) You or your attorney know that the answer to one or more of the following interrogatories was incorrect or incomplete when made; or (b) You or your attorney know that your answer to one or more of the following interrogatories, though correct and complete when made, is no longer true and complete and the circumstances are such that failure to amend your answer is, in substance, misleading; or (c) Information responsive to the request for production becomes available after your responses to the requests for production have been served. Interrogatories INTERROGATORY NO. 1 Identify yourself and any other person either participating in the preparation of your answers to these interrogatories or supplying information used in such preparation, and identify the answers in which he/she was involved, giving your full name, residence and business addresses, residence and business telephone numbers, and occupation. ANSWER: INTERROGATORY NO. 2 State your complete employment history during the ten-year period immediately preceding the incident and the complete educational history of Defendant. Include in your answer for each employment the name of the employer, the employer's address and telephone number, your job title, and the name of your supervisor. ANSWER: ~6- INTERROGATORY NO. 3 Identify all documents referring to the incident or otherwise containing relevant facts as defined in Rule 192.3 (a) and (b), TEX.R.CIV.P., and state with specificity what particular relevant fact each document contains. ANSWER: INTERROGATORY NO. 4 Describe fully your understanding of how the incident occurred and state specifically and in detail what the claim or contention of the Defendant will be regarding any cause or contributing cause of the collision, including a statement in detail of the facts and information upon which such contention is based. ANSWER: INTERROGATORY NO. 5 State the speed of your vehicle at all times material to the collision in question including, specifically a. Your speed at the time of impact; b Whether your brakes were applied at the time of impact; Cc. Your speed before applying your brakes; d The location of your vehicle as opposed to the Plaintiff's vehicle. ANSWER: INTERROGATORY NO. 6 State in detail what intoxicating beverages, if any, you had consumed and what drugs and medication, if any, you had ingested during the 24-hour period immediately preceding the collision. ANSWER: INTERROGATORY NO. 7 State each and every act which you contend Plaintiff should have performed or should not have performed to avoid the incident or the damages arising therefrom. As to each such act or inaction identified in this answer to the foregoing interrogatory, please further set forth: a. each and every non-privileged fact which you contend supports the subject contention; the identity of any person known to you who possesses or claims to possess knowledge of any non-privileged facts supporting each contention; an identification, with such particularity as you would require in a motion to produce, of each and every writing which relates to or supports each such contention; and -J- d the identity of the custodian of each writing identified in your answer to the foregoing sub-part of this interrogatory ANSWER: INTERROGATORY NO. 8 State as fully as you ever intend to, whether you contend that the Plaintiff has exaggerated any complaint, symptom or impairment in connection with the injuries alleged to have been sustained in the incident. If so, identify as fully as you ever intend to, all facts and circumstances on which you base your contention. ANSWER: INTERROGATORY NO. 9 Do you contend that the negligence of anyone other than Defendant caused or contributed to the injuries, losses or damages in this lawsuit? If so, identify each other party that you contend to have been negligent and the manner in which each such party was negligent? ANSWER: INTERROGATORY NO. 10 Identify each health care professional, hospital and/or clinic who has examined or treated you for the injuries you allegedly sustained in the accident involved in this suit. For each such health care professional, hospital and or clinic state the dates of examination and/or treatment; the nature of such examination or treatment; the diagnosis rendered as a result of each such examination; and the costs of each examination or treatment. ANSWER: INTERROGATORY NO. 11 Please state whether or not you have ever been charged, convicted of, or pleaded guilty to any crime, felony or misdemeanor, describing the nature and extent of such charge or conviction, together with the person or entity making such charges, the exact time such charges were made, and, if applicable, the court, cause number and date when a judgment of conviction was entered against you, stating whether you are presently on probation in connection with any such conviction. ANSWER: INTERROGATORY NO. 12 Please state whether you intend to impeach Plaintiff or any of Plaintiff's witnesses with evidence of a criminal conviction, pursuant to TEX. R. Civ. EVIDENCE 609. If so, please describe such evidence by giving the name of the accused, the nature of the crime and the date of the conviction. ANSWER: —8- INTERROGATORY NO. 13 Please state the substance of all conversations that occurred between you and Plaintiff (or any and all agents, servants or employees of Plaintiff) or any witness or other person concerning the incident made the basis of this suit and identify (name, address and phone number) all persons who participated in, were present during, or overheard these conversations. ANSWER: INTERROGATORY NO. 14 Identify (name, address, and phone number) all persons you will call (whether live, by deposition or by affidavit) to testify at trial. ANSWER: INTERROGATORY NO. 15 State whether or not you did any of the following acts to avoid the accident made the basis of this suit. a. Honked the horn. b Applied the brakes. C. Turned to the left or right to avoid the collision. Tf not, give your reason for failing to do so ANSWER: INTERROGATORY NO. 16 If weather, lighting conditions, visibility, obstructions or any similar factor contributed to the accident made the basis of this suit, state the factor or factors and the manner in which each contributed to the accident. ANSWER: INTERROGATORY NO. 17 Did you see the Plaintiff's vehicle prior to the accident? If so, state when and what you saw. ANSWER: INTERROGATORY NO. 18 Please state whether you received a traffic citation following the accident. If you did, please state the charges asserted and the resolution of said charges. ANSWER: INTERROGATORY NO. 19 Please state where you were coming from and where you were going to before the accident occurred? ANSWER: ~9- INTERROGATORY NO. 20 Tf you are contending that the injuries suffered in this accident were an exacerbation or the same injuries that were the result of a previous incident, please state the basis for your contention, identifying the previous injuries, type of incident and date of previous incident ANSWER: Requests for Production Please produce for inspection and copying the following documents, information, or tangible things in your possession, custody or control: REQUEST NO. 1 Any documents reflecting the names, addresses, and telephone numbers of any persons or entities who have been contacted, or from whom any information has been obtained, who may have knowledge of facts of any discoverable matter, whether admissible or not, relevant to the subject matter of this action, or that may lead to the discovery of admissible evidence RESPONSE REQUEST NO. 2 Any documents reflecting the identity and location name, address, telephone number and employer of any expert who may be called as a witness, the subject matter to which the witness is expected to testify, the mental impressions and opinions held by the expert, and the facts known to the expert which relate to or form the basis and the mental impressions and opinions held by the expert. RESPONSE REQUEST NO. 3 Copies of any document or statement which any witness for Defendant will use or you anticipate may use to refresh his/her memory for either deposition or trial. RESPONSE: REQUEST NO. 4 Any and all professional or scientific literature, including treatises, periodicals, or pamphlets which each expert witness contends are reliable authorities and are material to the subject of his analysis and opinions in this cause of action, and from which the witness may read, quote, refer, or allude to during the trial of this cause of action pursuant to Rule 803(18), Texas Rules of Evidence. RESPONSE: REQUEST NO. 5 Any and all expert reports which were or will be relied upon in whole or in part by any testifying expert in this case. RESPONSE: -10— REQUEST NO. 6 Any and all photographs of the scene of the incident and/or vehicles involved in the incident. RESPONSE: REQUEST NO. 7 Any and all drawings, maps or sketches of the scene of the incident. RESPONSE REQUEST NO. 8 Any and all repair records, damage reports and repair estimates for Defendant’s vehicle as a result of the damages sustained in the accident that forms the basis of this suit. RESPONSE: REQUEST NO. 9 Any and all damage reports and repair estimates for Plaintiffs vehicle as a result of the damages sustained in the accident that forms the basis of this suit. RESPONSE: REQUEST NO. 10 A copy of the title to the vehicle driven by Defendant at the time of the incident. RESPONSE: REQUEST NO. 11 Copies of all documents evidencing mechanical repairs done to Defendant’s vehicle involved in the incident from the date Defendant first acquired said vehicle to the present. RESPONSE: REQUEST NO. 12 Any and all photographs, movies, video recordings, or visual reproductions of any kind in your possession, the possession of your attorney, your experts, or any other person acting on your behalf pertaining to the incident, the scene of the incident, or any other fact or matter that is the subject or related to the subject of this suit, whether or not expected to be introduced into evidence at trial RESPONSE: REQUEST NO. 13 Any and all papers, books, accounts, writings, drawings, or graphs which may be used in the prosecution of this cause of action. RESPONSE: REQUEST NO. 14 Any and all books, documents, photographs or other tangible things which may be used at the time of trial which may have a bearing on this cause of action. RESPONSE: -11- REQUEST NO. 15 Any and all documents and tangible things, the production of which has not been requested pursuant to any other request which you intend to offer into evidence at the trial of this case. RESPONSE REQUEST NO. 16 Any and all documents and tangible things, the production of which has not been requested pursuant to any other request which you do not intend to offer into evidence at the trial of this case, but which you may use as demonstrative evidence at trial RESPONSE: REQUEST NO. 17 Any and all statements previously made by Plaintiff concerning the subject matter of this lawsuit, including any written statement signed or otherwise adopted or approved by the Plaintiff hereto and any stenographic, mechanical, electrical or other type of recording or any transcription thereof made by the Plaintiff and contemporaneously recorded. RESPONSE REQUEST NO. 18 A complete copy of all records or documents obtained by subpoena. RESPONSE REQUEST NO. 19 All transcripts of depositions pertaining to this matter. RESPONSE: REQUEST NO. 20 Attach hereto a copy of your itemized car phone bill for the date of the accident. RESPONSE: PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendant be cited to appear and answer herein; that Plaintiff be awarded actual and special damages in a sum to be specified by the trier of fact; that Plaintiff be awarded expenses and costs of court; that Plaintiff be granted pre- and post-judgment interest as provided by law; and that Plaintiff receive such other and further relief, general or special, legal or equitable, to which she may be justly entitled. -12- Respectfully submitted, LAW OFFICES OF LUIS GARCIA, PLLC By: /s/ Luis Garcia Luis Garcia State Bar No. 24097725 Litigation@luisgarcialaw.com Texas Bar No.: 24097725 13364 Woodforest Boulevard, Houston, Texas 77015 (832) 212-8302 Telephone ATTORNEY FOR PLAINTIFF -13-