Preview
FILED
2 CIT l ESERVE 3/25/2024 10:58 AM
FELICIA PITRE
DISTRICT CLERK
DALLAS 00., TEXAS
Fernando Soto DEPUTY
DC-24-04439
CAUSE N0.
JOSE MEJIA, § IN THE DISTRICT COURT
§
Plaintiff, § 101st
§
VS. § JUDICIAL DISTRICT
§
MARIA ROJAS AND MAXIMO §
GALLEGOS-ROJAS, §
§
Defendants. § DALLAS COUNTY, TEXAS
§
PLAINTIFF'S ORIGINAL PETITION
COMES NOW, JOSE MEJIA, Plaintiff in the above-entitled and numbered cause of action,
complaining of Defendants, MARIA ROJAS AND MAXIMO GALLEGOS-ROJAS, and in
support thereof would respectfully show the Court as follows:
I.
DISCOVERY CONTROL PLAN (LEVEL g)
1.1 Pursuant to TEX. RULE OF CIV. P. 190.3, the discovery of this case is to be conducted
under Level 2 Discovery Control Plan.
II.
PARTIES
2.1 Jose Mejia Lopez(“Plaintiff’) is a resident of Dallas, Dallas County, Texas.
2.2 Maria Rojas (“Defendant Maria Rojas”) is an individual resident of the State of
Texas who can be served with process at her place of residence, 8907 Angleton Place, Dallas,
Texas 75243.
2.3 Maximo Rojas (“Defendant Maximo Rojas”) is an individual resident of the State
of Texas who can be served with process at his place of residence, 8907 Angleton Place, Dallas,
Texas 75243.
PLAINTIFF'S ORIGINAL PETITION PAGE 1
III.
JURISDICTION an(_l VENUE
3.1 This Court has jurisdiction in this cause since the damages to Plaintiff are within
the jurisdictional limits of this Court.
3.2 Venue is proper pursuant to TEX. CIV. PRAC. & REM. CODE §15.002 because at least
one defendant resides in Dallas County, Texas and the events giving rise to this suit occurred in
Dallas County, Texas.
3.3 All conditions precedent have occurred.
IV.
CLAIM FOR RELIEF
4.1 Pursuant to TEX. RULE 0F CIV. P. 47(c)(3), Plaintiff’s claim for monetary relief is
over $250,000.00 but not more than $1,000,000.00.
V.
FACTS
5.1 On or about June 7, 2022, Plaintiff was traveling west bound on the LBJ Freeway
Access Road. At said time and place, Defendant Maria Rojas was traveling north bound on
Greenville Avenue when she disregarded a red light causing a collision with Plaintiff’s vehicle.
This collision caused severe injuries to Plaintiff.
VI.
NEGLIGENCE
6.1 On the occasion in question, Defendant Maria Rojas operated a vehicle in a
negligent manner and violated the duty of care owed to the Plaintiff to exercise ordinary care in
the operation of a motor-vehicle, as follows:
a. In failing to yield the right of way in violations of TEX. TRANS. CODE § 545.152;
b. In failing to maintain a proper lookout as a person of ordinary prudence would
have maintained under the same or similar circumstances;
PLAJNTIFF'S ORIGINAL PETITION PAGE 2
c. In failing to control the operation of said vehicle;
d. In failing to avoid the incident in question;
e. In operating the vehicle in an unsafe manner;
f. By driving at a speed greater than reasonable and prudent under the circumstances
then existing in violations of TEX. TRANS. CODE § 545.351; and
g. Other acts or negligence and/or negligence per se.
6.2 Defendant Maria Rojas drove the vehicle at the time and on the occasion in question
with willful or wanton disregard for the safety of others, in violation of the laws of the State of
Texas, including TEX. TRANS. CODE §545.401.
6.3 Each of the foregoing acts or omissions, whether taken singularly or in any
combination, constitutes negligence, and was a proximate cause of Plaintiff s injuries and damages
listed below. As a result, the Plaintiff is entitled to recover such damages as may be awarded by
the trier of fact, including punitive and exemplary damages.
VII.
N EGLIGENT ENTRUSTMENT
7.1 Plaintiff would show that said collision made the basis of this lawsuit resulted from
the negligence of Defendant Maximo Rojas in negligently entrusting a vehicle to Defendant Maria
Rojas when he knew or should have known that she was an incompetent and/or reckless driver.
VIII.
DAMAGES
8.1 As a result of the incident made the basis of this lawsuit described in the preceding
paragraphs and the negligence and/or negligence per se of Defendants, Plaintiff sustained
significant injuries and damages in the past and will in reasonable probability sustain these
damages in the future.
PLAJNTIFF'S ORIGINAL PETITION PAGE 3
8.2 Plaintiff respectfully requests that the trier of fact determine the amount of the
damages and losses that he has incurred in the past and will reasonably incur in the future, as well
as the monetary value of these damages, which include, but are not limited to:
a. Physical pain and mental anguish;
b. Disfigurement;
c. Physical impairment;
d. Medical care expenses;
e. Loss of earning capacity; and
f. Out-of—pocket economic losses.
IX
CLAIM FOR PREJUDGMENT
AND POST-JUDGMENT INTEREST
9.1 Plaintiff claims interest in accordance with TEX. FINANCE CODE §304.001 et seq.
and any other applicable law.
X.
RULE 193.7 NOTICE
10.1 Pursuant to TEX. RULE OF CIV. P. 193.7, Plaintiff gives notice to Defendants that
any and all documents produced may be used against the Defendant producing the document at
any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating the
documents.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited in
terms of law to appear and answer herein, that upon final trial and hearing hereof, that Plaintiff
recover damages in accordance with the evidence, that Plaintiff recover punitive or exemplary
damages, that Plaintiff recover costs of court herein expended, that Plaintiff recover interest to
PLAINTIFF'S ORIGINAL PETITION PAGE 4
which Plaintiff is justly entitled under the law, and for such other further relief, both general and
special, both in law and in equity, to which Plaintiff may be justly entitled.
Respectfully submitted,
By: WW
FELIPE B. LINK
State Bar No. 24057968
E-Mail: flinkgQlinklaypccom
LIZETH BECERRA
State Bar No. 24106980
E-Mail: LBecerra(aDlinklawpc.com
(Above emails are not for service of documents)
LINK & ASSOCIATES
10440 North Central Expy., Ste. 950
Dallas, Texas 75231
Telephone: (214) 214-3001
Facsimile: (214) 521-5871
Designated Service E-mail: e-filing@linklawpc.com
ATTORNEYS FOR PLAINTIFF
PLAINTIFF'S ORIGINAL PETITION PAGE 5
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.
Link & Associates E-Filing service on behalf of Lizeth Becerra
Bar No. 24106980
e-filing@linklawpc.com
Envelope ID: 85909708
Filing Code Description: Original Petition
Filing Description:
Status as of 3/26/2024 12:00 PM CST
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Daniela Alonso daniela@linklawpc.com 3/25/2024 10:58:32 AM SENT
Felipe B.Link flink@|inklawpc.com 3/25/2024 10:58:32 AM SENT
Link & Associates E-Filing service e-filing@linklawpc.com 3/25/2024 10:58:32 AM SENT
Lizeth G.Becerra lbecerra@linklawpc.com 3/25/2024 10:58:32 AM SENT
Monica Isaac monica@linklawpc.com 3/25/2024 10:58:32 AM SENT
Sara Link sara@linklawpc.com 3/25/2024 10:58:32 AM SENT
Preview
FILED 2 CIT l ESERVE 3/25/2024 10:58 AM FELICIA PITRE DISTRICT CLERK DALLAS 00., TEXAS Fernando Soto DEPUTY DC-24-04439 CAUSE N0. JOSE MEJIA, § IN THE DISTRICT COURT § Plaintiff, § 101st § VS. § JUDICIAL DISTRICT § MARIA ROJAS AND MAXIMO § GALLEGOS-ROJAS, § § Defendants. § DALLAS COUNTY, TEXAS § PLAINTIFF'S ORIGINAL PETITION COMES NOW, JOSE MEJIA, Plaintiff in the above-entitled and numbered cause of action, complaining of Defendants, MARIA ROJAS AND MAXIMO GALLEGOS-ROJAS, and in support thereof would respectfully show the Court as follows: I. DISCOVERY CONTROL PLAN (LEVEL g) 1.1 Pursuant to TEX. RULE OF CIV. P. 190.3, the discovery of this case is to be conducted under Level 2 Discovery Control Plan. II. PARTIES 2.1 Jose Mejia Lopez(“Plaintiff’) is a resident of Dallas, Dallas County, Texas. 2.2 Maria Rojas (“Defendant Maria Rojas”) is an individual resident of the State of Texas who can be served with process at her place of residence, 8907 Angleton Place, Dallas, Texas 75243. 2.3 Maximo Rojas (“Defendant Maximo Rojas”) is an individual resident of the State of Texas who can be served with process at his place of residence, 8907 Angleton Place, Dallas, Texas 75243. PLAINTIFF'S ORIGINAL PETITION PAGE 1 III. JURISDICTION an(_l VENUE 3.1 This Court has jurisdiction in this cause since the damages to Plaintiff are within the jurisdictional limits of this Court. 3.2 Venue is proper pursuant to TEX. CIV. PRAC. & REM. CODE §15.002 because at least one defendant resides in Dallas County, Texas and the events giving rise to this suit occurred in Dallas County, Texas. 3.3 All conditions precedent have occurred. IV. CLAIM FOR RELIEF 4.1 Pursuant to TEX. RULE 0F CIV. P. 47(c)(3), Plaintiff’s claim for monetary relief is over $250,000.00 but not more than $1,000,000.00. V. FACTS 5.1 On or about June 7, 2022, Plaintiff was traveling west bound on the LBJ Freeway Access Road. At said time and place, Defendant Maria Rojas was traveling north bound on Greenville Avenue when she disregarded a red light causing a collision with Plaintiff’s vehicle. This collision caused severe injuries to Plaintiff. VI. NEGLIGENCE 6.1 On the occasion in question, Defendant Maria Rojas operated a vehicle in a negligent manner and violated the duty of care owed to the Plaintiff to exercise ordinary care in the operation of a motor-vehicle, as follows: a. In failing to yield the right of way in violations of TEX. TRANS. CODE § 545.152; b. In failing to maintain a proper lookout as a person of ordinary prudence would have maintained under the same or similar circumstances; PLAJNTIFF'S ORIGINAL PETITION PAGE 2 c. In failing to control the operation of said vehicle; d. In failing to avoid the incident in question; e. In operating the vehicle in an unsafe manner; f. By driving at a speed greater than reasonable and prudent under the circumstances then existing in violations of TEX. TRANS. CODE § 545.351; and g. Other acts or negligence and/or negligence per se. 6.2 Defendant Maria Rojas drove the vehicle at the time and on the occasion in question with willful or wanton disregard for the safety of others, in violation of the laws of the State of Texas, including TEX. TRANS. CODE §545.401. 6.3 Each of the foregoing acts or omissions, whether taken singularly or in any combination, constitutes negligence, and was a proximate cause of Plaintiff s injuries and damages listed below. As a result, the Plaintiff is entitled to recover such damages as may be awarded by the trier of fact, including punitive and exemplary damages. VII. N EGLIGENT ENTRUSTMENT 7.1 Plaintiff would show that said collision made the basis of this lawsuit resulted from the negligence of Defendant Maximo Rojas in negligently entrusting a vehicle to Defendant Maria Rojas when he knew or should have known that she was an incompetent and/or reckless driver. VIII. DAMAGES 8.1 As a result of the incident made the basis of this lawsuit described in the preceding paragraphs and the negligence and/or negligence per se of Defendants, Plaintiff sustained significant injuries and damages in the past and will in reasonable probability sustain these damages in the future. PLAJNTIFF'S ORIGINAL PETITION PAGE 3 8.2 Plaintiff respectfully requests that the trier of fact determine the amount of the damages and losses that he has incurred in the past and will reasonably incur in the future, as well as the monetary value of these damages, which include, but are not limited to: a. Physical pain and mental anguish; b. Disfigurement; c. Physical impairment; d. Medical care expenses; e. Loss of earning capacity; and f. Out-of—pocket economic losses. IX CLAIM FOR PREJUDGMENT AND POST-JUDGMENT INTEREST 9.1 Plaintiff claims interest in accordance with TEX. FINANCE CODE §304.001 et seq. and any other applicable law. X. RULE 193.7 NOTICE 10.1 Pursuant to TEX. RULE OF CIV. P. 193.7, Plaintiff gives notice to Defendants that any and all documents produced may be used against the Defendant producing the document at any pretrial proceeding and/or at the trial of this matter without the necessity of authenticating the documents. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that Defendants be cited in terms of law to appear and answer herein, that upon final trial and hearing hereof, that Plaintiff recover damages in accordance with the evidence, that Plaintiff recover punitive or exemplary damages, that Plaintiff recover costs of court herein expended, that Plaintiff recover interest to PLAINTIFF'S ORIGINAL PETITION PAGE 4 which Plaintiff is justly entitled under the law, and for such other further relief, both general and special, both in law and in equity, to which Plaintiff may be justly entitled. Respectfully submitted, By: WW FELIPE B. LINK State Bar No. 24057968 E-Mail: flinkgQlinklaypccom LIZETH BECERRA State Bar No. 24106980 E-Mail: LBecerra(aDlinklawpc.com (Above emails are not for service of documents) LINK & ASSOCIATES 10440 North Central Expy., Ste. 950 Dallas, Texas 75231 Telephone: (214) 214-3001 Facsimile: (214) 521-5871 Designated Service E-mail: e-filing@linklawpc.com ATTORNEYS FOR PLAINTIFF PLAINTIFF'S ORIGINAL PETITION PAGE 5 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. Link & Associates E-Filing service on behalf of Lizeth Becerra Bar No. 24106980 e-filing@linklawpc.com Envelope ID: 85909708 Filing Code Description: Original Petition Filing Description: Status as of 3/26/2024 12:00 PM CST Case Contacts Name BarNumber Email TimestampSubmitted Status Daniela Alonso daniela@linklawpc.com 3/25/2024 10:58:32 AM SENT Felipe B.Link flink@|inklawpc.com 3/25/2024 10:58:32 AM SENT Link & Associates E-Filing service e-filing@linklawpc.com 3/25/2024 10:58:32 AM SENT Lizeth G.Becerra lbecerra@linklawpc.com 3/25/2024 10:58:32 AM SENT Monica Isaac monica@linklawpc.com 3/25/2024 10:58:32 AM SENT Sara Link sara@linklawpc.com 3/25/2024 10:58:32 AM SENT