Preview
3/22/2024 5:05 PM
Marilyn Burgess - District Clerk Harris County
Envelope No. 85880412
2024-18729 / Court: 234 By: Adiliani Solis
Filed: 3/22/2024 5:05 PM
CAUSE NO:
LINDA BROWN, IN THE DISTRICT COURT OF
Plaintiff,
VS HARRIS COUNTY, TEXAS
MAURICIO MARTINEZ
and DOORDASH, INC,
Defendants, JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION.
INTERROGATORIES AND RE! UESTS FOR PRODUCTION
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, LINDA BROWN, Plaintiff, complaining of and against MAURICIO
MARTINEZ and DOORDASH, INC, Defendants, 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, LINDA BROWN, is, and was at all times material hereto, a resident of
Harris County, Texas.
2.2 Defendant, MAURICIO MARTINEZ, is an individual residing in the state of
Arkansas and may be served with a citation at 517 Shane Street, Houston, Texas 77037, or
wherever he may be found.
23 Defendant, DOORDASH, INC, is an entity operating a business in the State of
Texas for the purpose of accumulating profits and can be served by serving their Registered
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Agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136, or
wherever he may be found.
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).
IV
FACTS
4.1 It has become necessary to bring this suit by reason of an automobile collision
which occurred on or about February 7, 2023, in Harris County, Texas.
42 At the time of the incident, Plaintiff LINDA BROWN was stationary in her
vehicle at the median of Veteran’s Memorial, intending to make a left turn into a private
driveway
43 At the same time, Defendant MAURICIO MARTINEZ was operating a vehicle in
the scope of his employment for co-Defendant, DOORDASH, INC., exiting the private
driveway.
44 Suddenly and without warning, the Defendant driver failed to yield the right-of-
way while exiting the private driveway, leading to a collision with Plaintiff s vehicle.
45 As a direct result of the impact, Plaintiff has sustained personal injuries and
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.
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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.
Vv
CAUSE OF ACTION
5.1 On the occasion in question, Defendant MAURICIO MARTINEZ operated the
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 timely apply brakes;
e) Failing to yield the right-of-way;
Failing to control the speed of his vehicle;
g) Failing to maintain a single lane;
h) Failing to maneuver his vehicle so as to avoid a collision; and
i) 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.
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5.2 Defendant MAURICIO MARTINEZ’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 At the time of the incident in question, Defendant MAURICIO MARTINEZ was
the agent, servant and/or (actual or statutory) employee of Defendant DOORDASH, INC; he was
acting within the course and scope of his authority as such agent, servant and/or employee; and
was acting in furtherance of the business interests of Defendant DOORDASH, INC; While acting
in such capacity, Defendant MAURICIO MARTINEZ negligently operated his vehicle, resulting
in acollision with Plaintiffs vehicle. For the above-referenced reasons, Defendant DOORDASH,
INC is liable for Plaintiff's injuries and damages under the doctrine respondeat superior.
5.4 But for the conduct of the Defendants, who failed to act as reasonably prudent
persons, the collision which forms the basis of this suit and the damages sustained by the Plaintiff
as a result thereof would not have occurred.
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) Past impairment,
f) Future impairment;
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g) Lost wages in the past;
h) Lost wages in the future; and,
i) Property damage, including loss of use.
VIL
COURT COSTS
Plaintiff requests that she recover from the Defendants 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
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 Defendants’ liability have been performed or have occurred.
Xx.
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.
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XL.
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.
XII
INTERROGATORIES AND REQUESTS FOR PRODUCTION TO DEFENDANT/DRIVER
These discovery requests are being served on Defendant MAURICIO MARTINEZ thirty-
Jive (35) days after Defendants’ original answer is filed.
Pursuant to Rule 196 and 197, TEX.R.CIv.P., LINDA BROWN, Plaintiff herein,
propounds the following interrogatories and requests for production to Defendant MAURICIO
MARTINEZ.
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
evidence at the trial of this cause.
Furthermore, 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
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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
(©) 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:
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;
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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
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:
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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:
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.
Cc. Turned to the left or right to avoid the collision.
If not, give your reason for failing to do so.
ANSWER:
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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 Plaintiffs 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:
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:
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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
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
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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
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 cell phone bill for the date of the accident.
RESPONSE
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Xi.
REQUESTS FOR PRODUCTION AND INTERROGATORIES TO
DEFENDANT/EMPLOYER
These discovery requests are being served on Defendant DOORDASH, INC thirty-five
(35) days after Defendants’ original answer is filed.
Pursuant to Rule 196 and 197, TEX.R.CIv.P., LINDA BROWN, Plaintiff herein,
propounds the following interrogatories and requests for production to Defendant DOORDASH,
INC.
Defendant is notified that its 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 Defendants and that your sworn answers may be offered
into evidence at the trial of this cause
Furthermore, Plaintiff requests Defendant produce the information, records, and/or
documents requested and identified herein below in Plaintiff’ s request for production for
inspection and copying within thirty (30) days following service at the office of the undersigned.
Defendant is further charged with the duty, as imposed upon you by Rule 193.5,
TEX.R.CIV.P., to reasonably supplement their answers if Defendants 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
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(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:
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 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. 6
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. 7
Do you contend that the negligence of anyone other than the Co-Defendant caused or contributed
to the injuries, losses or damages in this lawsuit, identify each other party that you contend to
have been negligent and the manner in which each such party was negligent?
ANSWER:
INTERROGATORY NO. 8
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. 9
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:
INTERROGATORY NO. 10
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. 11
Identify (name, address and phone number) all persons you will call (whether live, by deposition
or by affidavit) to testify at trial.
ANSWER:
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INTERROGATORY NO. 12
Please state where Co-Defendant was coming from and where he was going before the accident
occurred?
ANSWER:
INTERROGATORY NO. 13
Please state whether Co-Defendant had received in prior reprimands, admonishments or warnings
from Defendant or Defendant’s representatives or agents for the five years prior to the date of the
collision that forms the basis of this lawsuit.
ANSWER:
INTERROGATORY NO. 14
Please identify any safety tests Co-Defendant was required to take for the past five years that test
or evaluate Co-Defendant’s ability to drive safely, how to operate a motor vehicle safely, rules of
the road, or any other tests regarding Co-Defendant’s ability to perform their job duties in a safe
manner, by stating the type of test taken, the date the test was taken and the grade received.
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
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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:
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
A copy of the title to the vehicle driven by Defendant at the time of the incident.
RESPONSE
REQUEST NO. 10
Copies of all documents evidencing mechanical repairs done to the vehicle involved in the
incident from the date Defendant first acquired said vehicle to the present
RESPONSE:
REQUEST NO. 11
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. 12
Any and all papers, books, accounts, writings, drawings, or graphs which may be used in the
prosecution of this cause of action.
RESPONSE:
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REQUEST NO. 13
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
REQUEST NO. 14
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. 15
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. 16
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. 17
A complete copy of the personnel file of Co-Defendant.
RESPONSE
REQUEST NO. 18
A complete copy of any driving tests, including the results to those tests, administered to Co-
Defendant.
RESPONSE
REQUEST NO. 19
A complete copy of any requests and responses to the Texas Department of Motor Vehicles or
any governmental safety entity regarding the driving record or driving license verification of
Co-Defendant.
RESPONSE:
REQUEST NO. 21
A complete copy of all records or documents obtained by subpoena.
RESPONSE:
REQUEST NO. 22
All transcripts of depositions pertaining to this matter.
RESPONSE:
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REQUEST NO. 23
A copy of an itemized cell phone bill issued by Defendant to Co-Defendant on the day of the
accident
RESPONSE
REQUEST NO. 24
A copy of any recordings, whether they be 911 recordings, citizen band radio, radio traffic that
ontain information being disseminated to or from Co-Defendant.
RESPONSE
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants 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.
Respectfully submitted,
MESTEMAKER, STRAUB & ZUMWALT
By /s/ David K. Mestemaker
David K. Mestemaker
State Bar No. 13974600
By /s/ Norman Straub
Norman Straub
State Bar No. 00793002
y4 OB
By: Jonathan B. Zumvvalt
Jonathan B. Zumwalt
State Bar No 24053570
3100 Timmons Lane, Suite 455
Houston, Texas 77027
(713) 626-8900 Telephone
(713) 626-8910 Telecopier
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ATTORNEYS FOR PLAINTIFF
Designated E-Service Email Addres:
The following is the undersigned attorney’s
designation of electronic service email address
for all electronically served documents and
notices, filed and unfiled, pursuant to Tex
RCiv. P. 21(H(2) & 21 (a).
This is the
undersigned’s ONLY electronic service email
address, and service through any other email
address will be considered invalid.
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3/22/2024 5:05 PM Marilyn Burgess - District Clerk Harris County Envelope No. 85880412 2024-18729 / Court: 234 By: Adiliani Solis Filed: 3/22/2024 5:05 PM CAUSE NO: LINDA BROWN, IN THE DISTRICT COURT OF Plaintiff, VS HARRIS COUNTY, TEXAS MAURICIO MARTINEZ and DOORDASH, INC, Defendants, JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION. INTERROGATORIES AND RE! UESTS FOR PRODUCTION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, LINDA BROWN, Plaintiff, complaining of and against MAURICIO MARTINEZ and DOORDASH, INC, Defendants, 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, LINDA BROWN, is, and was at all times material hereto, a resident of Harris County, Texas. 2.2 Defendant, MAURICIO MARTINEZ, is an individual residing in the state of Arkansas and may be served with a citation at 517 Shane Street, Houston, Texas 77037, or wherever he may be found. 23 Defendant, DOORDASH, INC, is an entity operating a business in the State of Texas for the purpose of accumulating profits and can be served by serving their Registered -1- Agent, CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136, or wherever he may be found. 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). IV FACTS 4.1 It has become necessary to bring this suit by reason of an automobile collision which occurred on or about February 7, 2023, in Harris County, Texas. 42 At the time of the incident, Plaintiff LINDA BROWN was stationary in her vehicle at the median of Veteran’s Memorial, intending to make a left turn into a private driveway 43 At the same time, Defendant MAURICIO MARTINEZ was operating a vehicle in the scope of his employment for co-Defendant, DOORDASH, INC., exiting the private driveway. 44 Suddenly and without warning, the Defendant driver failed to yield the right-of- way while exiting the private driveway, leading to a collision with Plaintiff s vehicle. 45 As a direct result of the impact, Plaintiff has sustained personal injuries and 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. ~2- 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. Vv CAUSE OF ACTION 5.1 On the occasion in question, Defendant MAURICIO MARTINEZ operated the 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 timely apply brakes; e) Failing to yield the right-of-way; Failing to control the speed of his vehicle; g) Failing to maintain a single lane; h) Failing to maneuver his vehicle so as to avoid a collision; and i) 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. 3- 5.2 Defendant MAURICIO MARTINEZ’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 At the time of the incident in question, Defendant MAURICIO MARTINEZ was the agent, servant and/or (actual or statutory) employee of Defendant DOORDASH, INC; he was acting within the course and scope of his authority as such agent, servant and/or employee; and was acting in furtherance of the business interests of Defendant DOORDASH, INC; While acting in such capacity, Defendant MAURICIO MARTINEZ negligently operated his vehicle, resulting in acollision with Plaintiffs vehicle. For the above-referenced reasons, Defendant DOORDASH, INC is liable for Plaintiff's injuries and damages under the doctrine respondeat superior. 5.4 But for the conduct of the Defendants, who failed to act as reasonably prudent persons, the collision which forms the basis of this suit and the damages sustained by the Plaintiff as a result thereof would not have occurred. 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) Past impairment, f) Future impairment; —4- g) Lost wages in the past; h) Lost wages in the future; and, i) Property damage, including loss of use. VIL COURT COSTS Plaintiff requests that she recover from the Defendants 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 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 Defendants’ liability have been performed or have occurred. Xx. 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. —5- XL. 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. XII INTERROGATORIES AND REQUESTS FOR PRODUCTION TO DEFENDANT/DRIVER These discovery requests are being served on Defendant MAURICIO MARTINEZ thirty- Jive (35) days after Defendants’ original answer is filed. Pursuant to Rule 196 and 197, TEX.R.CIv.P., LINDA BROWN, Plaintiff herein, propounds the following interrogatories and requests for production to Defendant MAURICIO MARTINEZ. 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 evidence at the trial of this cause. Furthermore, 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 ~6- 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 (©) 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: 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; -J- 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 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: —8- 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: 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. Cc. Turned to the left or right to avoid the collision. If not, give your reason for failing to do so. ANSWER: ~9- 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 Plaintiffs 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: 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: -10— 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 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 -11- 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 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 cell phone bill for the date of the accident. RESPONSE -12- Xi. REQUESTS FOR PRODUCTION AND INTERROGATORIES TO DEFENDANT/EMPLOYER These discovery requests are being served on Defendant DOORDASH, INC thirty-five (35) days after Defendants’ original answer is filed. Pursuant to Rule 196 and 197, TEX.R.CIv.P., LINDA BROWN, Plaintiff herein, propounds the following interrogatories and requests for production to Defendant DOORDASH, INC. Defendant is notified that its 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 Defendants and that your sworn answers may be offered into evidence at the trial of this cause Furthermore, Plaintiff requests Defendant produce the information, records, and/or documents requested and identified herein below in Plaintiff’ s request for production for inspection and copying within thirty (30) days following service at the office of the undersigned. Defendant is further charged with the duty, as imposed upon you by Rule 193.5, TEX.R.CIV.P., to reasonably supplement their answers if Defendants 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 -13- (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: 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 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 ~14— d the identity of the custodian of each writing identified in your answer to the foregoing sub-part of this interrogatory ANSWER: INTERROGATORY NO. 6 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. 7 Do you contend that the negligence of anyone other than the Co-Defendant caused or contributed to the injuries, losses or damages in this lawsuit, identify each other party that you contend to have been negligent and the manner in which each such party was negligent? ANSWER: INTERROGATORY NO. 8 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. 9 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: INTERROGATORY NO. 10 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. 11 Identify (name, address and phone number) all persons you will call (whether live, by deposition or by affidavit) to testify at trial. ANSWER: -15— INTERROGATORY NO. 12 Please state where Co-Defendant was coming from and where he was going before the accident occurred? ANSWER: INTERROGATORY NO. 13 Please state whether Co-Defendant had received in prior reprimands, admonishments or warnings from Defendant or Defendant’s representatives or agents for the five years prior to the date of the collision that forms the basis of this lawsuit. ANSWER: INTERROGATORY NO. 14 Please identify any safety tests Co-Defendant was required to take for the past five years that test or evaluate Co-Defendant’s ability to drive safely, how to operate a motor vehicle safely, rules of the road, or any other tests regarding Co-Defendant’s ability to perform their job duties in a safe manner, by stating the type of test taken, the date the test was taken and the grade received. 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 -16— 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: 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 A copy of the title to the vehicle driven by Defendant at the time of the incident. RESPONSE REQUEST NO. 10 Copies of all documents evidencing mechanical repairs done to the vehicle involved in the incident from the date Defendant first acquired said vehicle to the present RESPONSE: REQUEST NO. 11 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. 12 Any and all papers, books, accounts, writings, drawings, or graphs which may be used in the prosecution of this cause of action. RESPONSE: -17- REQUEST NO. 13 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 REQUEST NO. 14 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. 15 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. 16 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. 17 A complete copy of the personnel file of Co-Defendant. RESPONSE REQUEST NO. 18 A complete copy of any driving tests, including the results to those tests, administered to Co- Defendant. RESPONSE REQUEST NO. 19 A complete copy of any requests and responses to the Texas Department of Motor Vehicles or any governmental safety entity regarding the driving record or driving license verification of Co-Defendant. RESPONSE: REQUEST NO. 21 A complete copy of all records or documents obtained by subpoena. RESPONSE: REQUEST NO. 22 All transcripts of depositions pertaining to this matter. RESPONSE: —18— REQUEST NO. 23 A copy of an itemized cell phone bill issued by Defendant to Co-Defendant on the day of the accident RESPONSE REQUEST NO. 24 A copy of any recordings, whether they be 911 recordings, citizen band radio, radio traffic that ontain information being disseminated to or from Co-Defendant. RESPONSE PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants 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. Respectfully submitted, MESTEMAKER, STRAUB & ZUMWALT By /s/ David K. Mestemaker David K. Mestemaker State Bar No. 13974600 By /s/ Norman Straub Norman Straub State Bar No. 00793002 y4 OB By: Jonathan B. Zumvvalt Jonathan B. Zumwalt State Bar No 24053570 3100 Timmons Lane, Suite 455 Houston, Texas 77027 (713) 626-8900 Telephone (713) 626-8910 Telecopier ~19- ATTORNEYS FOR PLAINTIFF Designated E-Service Email Addres: The following is the undersigned attorney’s designation of electronic service email address for all electronically served documents and notices, filed and unfiled, pursuant to Tex RCiv. P. 21(H(2) & 21 (a). This is the undersigned’s ONLY electronic service email address, and service through any other email address will be considered invalid. ~20-