Preview
Electronically Filed
10/12/2023 1:56 PM
Hidalgo County District Clerks
Reviewed By: Rubie Ortega
CAUSE NO: C-2762-23-L
OFELIA J. RODRIGUEZ GARCIA and § IN THE DISTRICT COURT
ELISEO RODRIGUEZ CARAPIA §
Plaintiffs, §
§
vs. §
§
§ 464th JUDICIAL DISTRICT
7G’S TRUCKING INC. and §
JUAN ARIEL BARBAN BELLO §
Defendants. § HIDALGO COUNTY, TEXAS
DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE
RESPONSIBLE THIRD PARTIES
NOW COME, 7-G’S TRUCKING INC., and JUAN ARIEL BARBAN BELLO,
(“Defendants” herein), and pursuant to Texas Civil Practice and Remedies Code Section 33.044,
file this their Motion for Leave to Designate Responsible Third Parties and would respectfully
show unto the Court as follows:
I. BACKGROUND
This case involves a motor vehicle accident that occurred on April 17, 2023, on Interstate
Highway 2 in a stretch of road between Weslaco and Donna, Texas, in Hidalgo County.
This stretch of highway and others nearby had been under construction for some years
now. The Plaintiff was driving on the outer lane when it improperly switched lanes and invaded
Defendant/Driver’s lane.
Due to interchange construction companies failing to post adequate speed limit signs, and
Plaintiff Garcia driving in Defendant’s blind spot, when Plaintiff switched lanes and invaded
Barban’s traffic lane, Plaintiff’s vehicle tapped Barban’s front bumper. 1
At the time of the incident, the Defendant/Driver was driving a garden variety 2014 Blue
1
See Lay Witness’ Affidavit.
Defendants’ Motion for Leave to Designate Responsible Third Parties Page 1 of 7
Electronically Filed
10/12/2023 1:56 PM
Hidalgo County District Clerks
Reviewed By: Rubie Ortega
Kenworth Tractor Truck model T880 that had a problem or a flaw in its design. This flaw
affected the safety of the public at large. The manufacturer knew or should have known of this
flaw. 2
Defendant/Driver’s Kenworth lacked standard radar technology in its front bumper that is
typically used to monitor metallic objects moving nearby, in the same direction as the truck.
These systems or “driver assist” features can look forward up to 500 feet and can further prevent
accidents from happening.
These “driver assist” indicators and collision mitigation features can be always on and
can always notify drivers when issues occur through visual and audible alerts on the driver
information display.
On the day of the incident, Defendant/Driver’s tractor truck lacked lane departure safety
features because the truck’s manufacturer failed to install blind spot detection cameras and
sensors. Had the truck manufacturer installed these common features, this accident would not
have occurred. For these reasons, Defendants move to designate Kenworth Truck Company as a
responsible third party.
2
It is common knowledge and the research shows that “big rigs” or 18 Wheelers have “No Zones” or blind spots
which make it incredibly difficult for commercial drivers to see other drivers who happen to be in No Zones.
https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/812317_connectedveh_1.pdf
Defendants’ Motion for Leave to Designate Responsible Third Parties Page 2 of 7
Electronically Filed
10/12/2023 1:56 PM
Hidalgo County District Clerks
Reviewed By: Rubie Ortega
Kenworth Truck Company
10630 Northeast 38th Place
Kirkland, Washington 98033.
Defendants further move to designate the following construction companies or
governmental entities are responsible for the construction site and the general safety of all drivers
traversing through the dangerous interchange construction zone in Hidalgo County, Texas.
TX DOT
521 W. Ferguson Pharr,
TX 78577
(956) 702-6270
City of Pharr, Texas
Attn: Ambrosio Hernandez, Mayor 118
S. Cage Blvd.
Pharr, TX, 78577
(956) 402-4000
Dragados Pulice Joint Venture
2050 W. Sam Houston Pkwy S.
Suite 1100
Houston, Texas
(713) 324 4045
Pulice Construction
10110 W Sam Houston Pkwy S
Houston, TX 77099
(281) 530-2353
Camacho Hernandez & Associated, LLC
415 Embassy Oaks #205
San Antonio, TX 78216
(210) 341-6200
RODS Subsurface Utility Engineering, Inc.
RODS Surveying, Inc.
6810 Lee Rd
Spring, TX 77379
(281) 257-5248
R.O.W. Surveying Services, LLC
900 S. Steward Road
Mission, Texas 78752
Defendants’ Motion for Leave to Designate Responsible Third Parties Page 3 of 7
Electronically Filed
10/12/2023 1:56 PM
Hidalgo County District Clerks
Reviewed By: Rubie Ortega
(956) 424-3335
On the day of the crash, as Defendant Barban was driving in the middle lane, Plaintiffs
decided to invade his lane. Barban had no warning or notice that the Plaintiffs were driving in
his blind spot.
The people in charge of the construction zone had no flagmen or warning signs directing
traffic or forcing traffic to slow down, much less warning Barban of a driver in his blind spot.
When Plaintiffs switched lanes, without warning, had Barban’s rig been outfitted with
sensors, he would have received ample warning that there was a driver near his front bumper.
Once Defendant Barban had been alerted to the presence of Ofelia Garcia’s car, he would have
taken corrective or safety measures.
This accident occurred due to the Kenworth being flawed in its design and due to the
folks in charge of the construction zone not having sufficient construction zone warnings and
flagmen posted directing traffic and allowing traffic to flow at 70 miles per hour when there was
ongoing construction in the vicinity.
Defendants now move to designate the above-referenced companies or entities as
responsible third parties.
II. THE REQUIREMENTS
In accordance with Chapter 33, Section 33.004, Designation of Responsible Third
Parties, this Motion for Leave to Designate Responsible Third Parties is filed 60 days before
trial. Thus the filing of this motion is timely.
Moreover, Defendants plead the following sufficient facts to give fair notice to Plaintiffs
concerning the alleged responsibility of the person that contributed to Plaintiffs’ harm.
This suit involves a motor vehicle accident that was caused when Plaintiff invaded
Defendants’ Motion for Leave to Designate Responsible Third Parties Page 4 of 7
Electronically Filed
10/12/2023 1:56 PM
Hidalgo County District Clerks
Reviewed By: Rubie Ortega
Defendant’s lane of traffic.
The incident happened in Hidalgo County, Texas, in an area near the interchange. This
area is heavy with construction and accidents and crashes occur daily between the towns of
Donna, Weslaco, Alamo, Pharr, and McAllen because the highway changes and narrows from
three lanes to two lanes, in some parts.
Plaintiffs claim Defendant Barban was negligent in the way he operated his tractor-
trailer.
Furthermore, Plaintiffs claim Defendant Barban failed to keep a proper lookout, failed to
control speed, failed to keep a single lane, and failed to keep a proper distance.
Defendant Barban contends Plaintiffs caused this accident and are solely responsible for
having caused the crash. Moreover, all the construction companies and other related entities also
contributed to the harm and injuries claimed by Plaintiffs, including the manufacturer of his
Kenworth tractor-trailer.
"Responsible third party" means any person who is alleged to have caused or contributed
to causing in any way the harm for which recovery of damages is sought, whether by negligent
act or omission, by any defective or unreasonably dangerous product, by other conduct or
activity that violates an applicable legal standard, or by any combination of these.
In this instance, the construction companies, and others, were responsible for overseeing
the safety of the traveling public through the interchange area. Likewise, Kenworth Trucking
Company could have installed driver-assist features in its tractor trucks which would help reduce
traffic accidents.
Because Kenworth failed to install adequate accident prevention equipment to prevent
accidents involving other drivers traveling alongside its 18-Whheler’s blind spots and because
Defendants’ Motion for Leave to Designate Responsible Third Parties Page 5 of 7
Electronically Filed
10/12/2023 1:56 PM
Hidalgo County District Clerks
Reviewed By: Rubie Ortega
the construction companies failed to place warning signs or post flagmen to direct and slow
down traffic, they also bear a great deal of responsibility for having caused this incident and for
contributing to Plaintiff’s alleged injuries.
III. RESPONSIBLE THIRD PARTY
Defendants assert that these companies and entities are also responsible third parties, or at
least partially responsible, for Plaintiffs’ injuries. 3
Consistent with the allegations in Plaintiffs’ petition, the jury is entitled to consider the
proportionate responsibility of each person responsible for Plaintiffs’ injuries, whether named as
a Defendant in this lawsuit or otherwise.
Subject to and without waiver of its general denial and all defenses previously asserted,
and without admission of any allegation in Plaintiffs’ petition, to the extent the jury finds that
Plaintiffs were injured by the conduct of other responsible third parties, pursuant to Texas Civil
Practice and Remedies Code Section 33.004, Defendants seek leave to designate Kenworth and
the construction companies responsible for the interchange project so that their comparative fault
may also be considered by the jury with respect to having caused the incident or having caused
Plaintiffs’ harm.
Defendants reserve their right to amend this designation of responsible third parties to
include any additional responsible third parties whose identity may be discovered as the parties
engage in discovery.
IV. PRAYER
WHEREFORE PREMISES CONSIDERED, Defendants pray that Kenworth Truck
Company and all of the Construction Companies and Entities responsible for the interchange
3
Since construction began, deadly wrecks are a daily occurrence. https://www.krgv.com/videos/crews-clearing-
scene-of-fatal-crash-in-281-interchange/
Defendants’ Motion for Leave to Designate Responsible Third Parties Page 6 of 7
Electronically Filed
10/12/2023 1:56 PM
Hidalgo County District Clerks
Reviewed By: Rubie Ortega
project be designated as responsible third parties and for such other and further relief, either at
law or in equity, to which Defendants may be justly entitled.
Respectfully submitted,
DORSETT, JOHNSON & CISNEROS
____________________________
C. Robert Dorsett, Jr.
State Bar No. 24029524
Jessica A. Putonti
State Bar No. 24041295
Carlos H. Cisneros
State Bar No. 00793508
3503 Wild Cherry Drive, Bldg. 6
Austin, Texas 78738
Telephone: (512) 600-4365
Facsimile: (512) 266-3655
E-mail: eservice@dorsettjohnson.com
ATTORNEYS FOR DEFENDANTS
CERTIFICATE OF SERVICE
Pursuant to Texas Rules of Civil Procedure 21 and 21a, a true and correct copy of the
foregoing has been served upon all counsel of record, via ProDoc E-Service and Electronic Mail,
on this the 12th day of October 2023.
Mario Davila
Luis F. Baez
Law Offices of Mario Davila, PLLC
P.O. Box 3726
McAllen, TX 78502
MDLawLitigation@gmail.com
baezmdlaw@gmail.com
Attorneys for Plaintiffs
_____________________________
Carlos H. Cisneros
Defendants’ Motion for Leave to Designate Responsible Third Parties Page 7 of 7
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Heather Weaver on behalf of C. Dorsett, Jr.
Bar No. 24029524
hweaver@dorsettjohnson.com
Envelope ID: 80532295
Filing Code Description: Motion (No Fee)
Filing Description: Motion for Leave to Designate RTP
Status as of 10/12/2023 2:07 PM CST
Associated Case Party: OFELIA GARCIA
Name BarNumber Email TimestampSubmitted Status
Patricia Saenz PSaenzMDLaw@gmail.com 10/12/2023 1:56:27 PM SENT
Luis FBaez baezmdlaw@gmail.com 10/12/2023 1:56:27 PM SENT
MARIO DAVILA MDLawLitigation@gmail.com 10/12/2023 1:56:27 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Dorsett Dorsett eservice@dorsettjohnson.com 10/12/2023 1:56:27 PM SENT
Jessica Putonti jputonti@dorsettjohnson.com 10/12/2023 1:56:27 PM SENT
Carlos Cisneros ccisneros@dorsettjohnson.com 10/12/2023 1:56:27 PM SENT
Preview
Electronically Filed 10/12/2023 1:56 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega CAUSE NO: C-2762-23-L OFELIA J. RODRIGUEZ GARCIA and § IN THE DISTRICT COURT ELISEO RODRIGUEZ CARAPIA § Plaintiffs, § § vs. § § § 464th JUDICIAL DISTRICT 7G’S TRUCKING INC. and § JUAN ARIEL BARBAN BELLO § Defendants. § HIDALGO COUNTY, TEXAS DEFENDANTS’ MOTION FOR LEAVE TO DESIGNATE RESPONSIBLE THIRD PARTIES NOW COME, 7-G’S TRUCKING INC., and JUAN ARIEL BARBAN BELLO, (“Defendants” herein), and pursuant to Texas Civil Practice and Remedies Code Section 33.044, file this their Motion for Leave to Designate Responsible Third Parties and would respectfully show unto the Court as follows: I. BACKGROUND This case involves a motor vehicle accident that occurred on April 17, 2023, on Interstate Highway 2 in a stretch of road between Weslaco and Donna, Texas, in Hidalgo County. This stretch of highway and others nearby had been under construction for some years now. The Plaintiff was driving on the outer lane when it improperly switched lanes and invaded Defendant/Driver’s lane. Due to interchange construction companies failing to post adequate speed limit signs, and Plaintiff Garcia driving in Defendant’s blind spot, when Plaintiff switched lanes and invaded Barban’s traffic lane, Plaintiff’s vehicle tapped Barban’s front bumper. 1 At the time of the incident, the Defendant/Driver was driving a garden variety 2014 Blue 1 See Lay Witness’ Affidavit. Defendants’ Motion for Leave to Designate Responsible Third Parties Page 1 of 7 Electronically Filed 10/12/2023 1:56 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega Kenworth Tractor Truck model T880 that had a problem or a flaw in its design. This flaw affected the safety of the public at large. The manufacturer knew or should have known of this flaw. 2 Defendant/Driver’s Kenworth lacked standard radar technology in its front bumper that is typically used to monitor metallic objects moving nearby, in the same direction as the truck. These systems or “driver assist” features can look forward up to 500 feet and can further prevent accidents from happening. These “driver assist” indicators and collision mitigation features can be always on and can always notify drivers when issues occur through visual and audible alerts on the driver information display. On the day of the incident, Defendant/Driver’s tractor truck lacked lane departure safety features because the truck’s manufacturer failed to install blind spot detection cameras and sensors. Had the truck manufacturer installed these common features, this accident would not have occurred. For these reasons, Defendants move to designate Kenworth Truck Company as a responsible third party. 2 It is common knowledge and the research shows that “big rigs” or 18 Wheelers have “No Zones” or blind spots which make it incredibly difficult for commercial drivers to see other drivers who happen to be in No Zones. https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/812317_connectedveh_1.pdf Defendants’ Motion for Leave to Designate Responsible Third Parties Page 2 of 7 Electronically Filed 10/12/2023 1:56 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega Kenworth Truck Company 10630 Northeast 38th Place Kirkland, Washington 98033. Defendants further move to designate the following construction companies or governmental entities are responsible for the construction site and the general safety of all drivers traversing through the dangerous interchange construction zone in Hidalgo County, Texas. TX DOT 521 W. Ferguson Pharr, TX 78577 (956) 702-6270 City of Pharr, Texas Attn: Ambrosio Hernandez, Mayor 118 S. Cage Blvd. Pharr, TX, 78577 (956) 402-4000 Dragados Pulice Joint Venture 2050 W. Sam Houston Pkwy S. Suite 1100 Houston, Texas (713) 324 4045 Pulice Construction 10110 W Sam Houston Pkwy S Houston, TX 77099 (281) 530-2353 Camacho Hernandez & Associated, LLC 415 Embassy Oaks #205 San Antonio, TX 78216 (210) 341-6200 RODS Subsurface Utility Engineering, Inc. RODS Surveying, Inc. 6810 Lee Rd Spring, TX 77379 (281) 257-5248 R.O.W. Surveying Services, LLC 900 S. Steward Road Mission, Texas 78752 Defendants’ Motion for Leave to Designate Responsible Third Parties Page 3 of 7 Electronically Filed 10/12/2023 1:56 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega (956) 424-3335 On the day of the crash, as Defendant Barban was driving in the middle lane, Plaintiffs decided to invade his lane. Barban had no warning or notice that the Plaintiffs were driving in his blind spot. The people in charge of the construction zone had no flagmen or warning signs directing traffic or forcing traffic to slow down, much less warning Barban of a driver in his blind spot. When Plaintiffs switched lanes, without warning, had Barban’s rig been outfitted with sensors, he would have received ample warning that there was a driver near his front bumper. Once Defendant Barban had been alerted to the presence of Ofelia Garcia’s car, he would have taken corrective or safety measures. This accident occurred due to the Kenworth being flawed in its design and due to the folks in charge of the construction zone not having sufficient construction zone warnings and flagmen posted directing traffic and allowing traffic to flow at 70 miles per hour when there was ongoing construction in the vicinity. Defendants now move to designate the above-referenced companies or entities as responsible third parties. II. THE REQUIREMENTS In accordance with Chapter 33, Section 33.004, Designation of Responsible Third Parties, this Motion for Leave to Designate Responsible Third Parties is filed 60 days before trial. Thus the filing of this motion is timely. Moreover, Defendants plead the following sufficient facts to give fair notice to Plaintiffs concerning the alleged responsibility of the person that contributed to Plaintiffs’ harm. This suit involves a motor vehicle accident that was caused when Plaintiff invaded Defendants’ Motion for Leave to Designate Responsible Third Parties Page 4 of 7 Electronically Filed 10/12/2023 1:56 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega Defendant’s lane of traffic. The incident happened in Hidalgo County, Texas, in an area near the interchange. This area is heavy with construction and accidents and crashes occur daily between the towns of Donna, Weslaco, Alamo, Pharr, and McAllen because the highway changes and narrows from three lanes to two lanes, in some parts. Plaintiffs claim Defendant Barban was negligent in the way he operated his tractor- trailer. Furthermore, Plaintiffs claim Defendant Barban failed to keep a proper lookout, failed to control speed, failed to keep a single lane, and failed to keep a proper distance. Defendant Barban contends Plaintiffs caused this accident and are solely responsible for having caused the crash. Moreover, all the construction companies and other related entities also contributed to the harm and injuries claimed by Plaintiffs, including the manufacturer of his Kenworth tractor-trailer. "Responsible third party" means any person who is alleged to have caused or contributed to causing in any way the harm for which recovery of damages is sought, whether by negligent act or omission, by any defective or unreasonably dangerous product, by other conduct or activity that violates an applicable legal standard, or by any combination of these. In this instance, the construction companies, and others, were responsible for overseeing the safety of the traveling public through the interchange area. Likewise, Kenworth Trucking Company could have installed driver-assist features in its tractor trucks which would help reduce traffic accidents. Because Kenworth failed to install adequate accident prevention equipment to prevent accidents involving other drivers traveling alongside its 18-Whheler’s blind spots and because Defendants’ Motion for Leave to Designate Responsible Third Parties Page 5 of 7 Electronically Filed 10/12/2023 1:56 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega the construction companies failed to place warning signs or post flagmen to direct and slow down traffic, they also bear a great deal of responsibility for having caused this incident and for contributing to Plaintiff’s alleged injuries. III. RESPONSIBLE THIRD PARTY Defendants assert that these companies and entities are also responsible third parties, or at least partially responsible, for Plaintiffs’ injuries. 3 Consistent with the allegations in Plaintiffs’ petition, the jury is entitled to consider the proportionate responsibility of each person responsible for Plaintiffs’ injuries, whether named as a Defendant in this lawsuit or otherwise. Subject to and without waiver of its general denial and all defenses previously asserted, and without admission of any allegation in Plaintiffs’ petition, to the extent the jury finds that Plaintiffs were injured by the conduct of other responsible third parties, pursuant to Texas Civil Practice and Remedies Code Section 33.004, Defendants seek leave to designate Kenworth and the construction companies responsible for the interchange project so that their comparative fault may also be considered by the jury with respect to having caused the incident or having caused Plaintiffs’ harm. Defendants reserve their right to amend this designation of responsible third parties to include any additional responsible third parties whose identity may be discovered as the parties engage in discovery. IV. PRAYER WHEREFORE PREMISES CONSIDERED, Defendants pray that Kenworth Truck Company and all of the Construction Companies and Entities responsible for the interchange 3 Since construction began, deadly wrecks are a daily occurrence. https://www.krgv.com/videos/crews-clearing- scene-of-fatal-crash-in-281-interchange/ Defendants’ Motion for Leave to Designate Responsible Third Parties Page 6 of 7 Electronically Filed 10/12/2023 1:56 PM Hidalgo County District Clerks Reviewed By: Rubie Ortega project be designated as responsible third parties and for such other and further relief, either at law or in equity, to which Defendants may be justly entitled. Respectfully submitted, DORSETT, JOHNSON & CISNEROS ____________________________ C. Robert Dorsett, Jr. State Bar No. 24029524 Jessica A. Putonti State Bar No. 24041295 Carlos H. Cisneros State Bar No. 00793508 3503 Wild Cherry Drive, Bldg. 6 Austin, Texas 78738 Telephone: (512) 600-4365 Facsimile: (512) 266-3655 E-mail: eservice@dorsettjohnson.com ATTORNEYS FOR DEFENDANTS CERTIFICATE OF SERVICE Pursuant to Texas Rules of Civil Procedure 21 and 21a, a true and correct copy of the foregoing has been served upon all counsel of record, via ProDoc E-Service and Electronic Mail, on this the 12th day of October 2023. Mario Davila Luis F. Baez Law Offices of Mario Davila, PLLC P.O. Box 3726 McAllen, TX 78502 MDLawLitigation@gmail.com baezmdlaw@gmail.com Attorneys for Plaintiffs _____________________________ Carlos H. Cisneros Defendants’ Motion for Leave to Designate Responsible Third Parties Page 7 of 7 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Heather Weaver on behalf of C. Dorsett, Jr. Bar No. 24029524 hweaver@dorsettjohnson.com Envelope ID: 80532295 Filing Code Description: Motion (No Fee) Filing Description: Motion for Leave to Designate RTP Status as of 10/12/2023 2:07 PM CST Associated Case Party: OFELIA GARCIA Name BarNumber Email TimestampSubmitted Status Patricia Saenz PSaenzMDLaw@gmail.com 10/12/2023 1:56:27 PM SENT Luis FBaez baezmdlaw@gmail.com 10/12/2023 1:56:27 PM SENT MARIO DAVILA MDLawLitigation@gmail.com 10/12/2023 1:56:27 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Dorsett Dorsett eservice@dorsettjohnson.com 10/12/2023 1:56:27 PM SENT Jessica Putonti jputonti@dorsettjohnson.com 10/12/2023 1:56:27 PM SENT Carlos Cisneros ccisneros@dorsettjohnson.com 10/12/2023 1:56:27 PM SENT