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CAME ON TO HANO: Luge i325
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C-0238-22-A
92ND DISTRICT COURT, HIDALGO COUNTY, TEXAS
CITATION
THE STATE OF TEXAS
NOTICE TO DEFENDANT: You have been sued. You may employ an attomey, If
you or your attorney do not file a written answer with the clerk who issued this citation by 10:00
a.m, on the Monday next following the expiration of twenty (20) days after you were served with
this citation and petition, a default judgment may be taken against you. In addition to filing a
written answer with the clerk, you may be required to make initial disclosures to the other parties
of this suit. These disclosures generally must be made no later than 30 davs after you file your
answer with the clerk. Find out more at TexasLawHelp.org.
CLAUDIA ANN CARRIZALES
1603 NOLANA AVENUE
MCALLEN TX 78504
OR WHEREVER FOUND
You are hereby commanded to appear by filing a written answer to the PLAINTIFFS’
ORIGINAL PETITION on or before 10:00 o’clock a.m. on the Monday next after the
expiration of twenty (20) days after the date of service hereof, before the Honorable Luis M.
Singleterry, 92nd District Court of Hidalgo County, Texas at the Courthouse at 100 North
Closner, Edinburg, Texas 78539.
Said petition was filed on this the 20th day of January, 2022 and a copy of same accompanies this
citation. The file number and style of said suit being C-0238-22-A, ROMEO MARTINEZ
INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CYNTHIA ANN
LOPEZ, AND CYNTHIA SALDIVAR, INDIVIDUALLY VS CLAUDIA ANN
CARRIZLES AND ASHLEY PALOMO
Said Petition was filed in said court by Attorney BOBBY GARCIA PO BOX 5729 MCALLEN
TX 78502.
The nature of the demand is fully shown by a true and correct copy of the petition accompanying
this citation and made a part hereof.
The officer executing this writ shall promptly serve the same according to requirements of law,
and the mandates thereof, and make due return as the law directs.
ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at Edinburg, Texas on
this the 21st day of January, 2022.
LAURA HINOJOSA, DISTRICT CLERK
100 N. CLOSNER, EDINBURG, TEXAS
HIDALGO COUNTY, TEXAS
ALAN GARCIX; DEPUTY CLERK
C-0238-22-A
OFFICER’S RETURN
Came to hand on of , 202 at o’clock ___.m. and
executed in County, Texas by delivering to each of the within named
Defendant in person, a true copy of this citation, upon which I endorsed the date of
delivery to said Defendant together with the accompanying copy of the
(petition) at the following times and places, to-wit:
NAME DATE TIME PLACE
And not executed as to the defendant, the
diligence used in finding said defendant, being: and the
cause of failure to execute this process is: and the
information received as to the whereabouts of said defendant, being:
I actually and necessarily traveled miles in the
service of this citation, in addition to any other mileage I may have traveled in the service
of other process in the same case during the same trip.
Fees: serving ... copy(s) $
MES -cevarasecuwevsevare: $
DEPUTY
COMPLETE IF YOU ARE PERSON OTHER THAN A SHERIFF,
CONSTABLE OR CLERK OF THE COURT
In accordance to Rule 107, the officer or authorized person who serves or attempts to
serve a Citation must sign the return. If the return is signed by a person other than a
sheriff, constable or the clerk of the court, the return must either be verified or be signed
under the penalty of perjury. A return signed under penalty of perjury must contain the
statement below in substantially the following form:
“My name is _, my date of birth is
and the address is and I
declare under penalty of perjury that the foregoing is true and correct.
EXECUTED in County, State of Texas, on the day of ,
202.
Declarant”
If Certified by the Supreme Court of Texas
Date of Expiration / PSC Number
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CAUSE NO.
ROMEO MARTINEZ, INDIVIDUALLY IN THE DISTRICT COURT
SP
AND AS REPRESENTATIVE OF THE
Shs SPs
ESTATE OF CYNTHIA ANN LOPEZ,
AND CYNTHIA SALDIVAR, INDIVIDUALLY,
Shi
Plaintiffs,
LP
She LP
JUDICIAL DISTRICT
Sh
KP
SR
CLAUDIA ANN CARRIZALES
SR
AND ASHLEY PALOMO,
Se
Defendants. HIDALGO COUNTY, TEXAS
St
PLAINTIFFS’ ORIGINAL PETITION
COMES NOW. ROMEO MARTINEZ, INDIVIDUALLY AND AS
REPRESENTATIVE OF THE ESTATE OF CYNTHIA ANN LOPEZ and CYNTHIA
SALDIVAR, INDIVIDUALLY, (hereinafter referred to collectively as Plaintiffs) and files this
their Original Petition and Request for Disclosures, complaining of CLAUDIA ANN
CARRIZALES and ASHLEY PALOMO (all collectively referred to as Defendants). In
support, Plaintiffs would show this Honorable Court as follows:
I.
DISCOVERY LEVEL
Plaintiffs would show that discovery in this case should be conducted under Level 3
pursuant to Rule 190.4 of the Texas Rules of Civil Procedure.
Il.
PARTIES
PlaintiffSs ROMEO MARTINEZ and CYNTHIA SALDIVAR, residents of Hidalgo
County, Texas, are the spouse and daughter of CYNTHIA ANN LOPEZ, deceased. They have
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brought suit in their individual capacity as wrongful death beneficiaries. Plaintiff ROMEO
MARTINEZ, INDIVIDUALLY has also brought suit in their capacity as Personal
Representative of the Estate of CYNTHIA ANN LOPEZ (the “Estate”).
Plaintiffs would show that no administration of the Estate is necessary in this case.
There are no real or personal assets of the other than the claims stated herein. There are no
outstanding or foreseeable debts owed or due from the Estate as such there are no creditors. All
heirs of the Estate are known, and ROMEO MARTINEZ, INDIVIDUALLY, is duly qualified
to serve as the personal administrator of the Estate and bring suit in that capacity under Texas
law.
Defendant CLAUDIA ANN CARRIZALES is a Texas resident and may be served at
1603 Nolana Avenue, McAllen, Texas 78504 or wherever found.
Defendant ASHLEY PALOMO is a Texas resident and may be served at 1302 W. Kiwi
Street, Apartment #3, Pharr, Texas 78577 or wherever found.
Ill.
JURISDICTION AND VENUE
Venue is proper in Hidalgo County pursuant to Texas Civil Practice and Remedies Code
§$15.002(a)(1) because all or a substantial part of the acts giving rise to this suit including, but not
limited to, based on information and belief, acts and omissions by Defendants, occurred in
Hidalgo County, Texas. This Court has subject matter jurisdiction over this case because
Plaintiffs seek damages in excess of the Court’s minimum jurisdictional limit. Pursuant to Rule
54 of the Texas Rules of Civil Procedure, all conditions precedent to Plaintiffs’ rights to recover
herein and to Defendants’ liability have been performed or have occurred.
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IV.
BACKGROUND FACTS
On or about January 06, 2022, Plaintiff, CYNTHIA ANN LOPEZ, deceased, was the
driver, and Plaintiffs, ROMEO MARTINEZ and CYNTHIA SALDIVAR were the passengers
of a 2008 Black Nissan Altima that was traveling Westbound at the 1300 Block of E. Nolana
Avenue on the inside lane. Plaintiff, ROMEO MARTINEZ, was sitting in the back seat, behind
the passenger’s side, while Plaintiff, CYNTHIA SALDIVAR, was sitting in the front passenger
seat.
Defendant CLAUDIA ANN CARRIZALES was traveling Eastbound on the 1300 Block
of E. Nolana Avenue on the inside lane. Defendant CLAUDIA ANN CARRIZALES was
heavily intoxicated when suddenly and without warning, Defendant swerved into the Westbound
lane where Plaintiffs were traveling and plowed into Plaintiffs’ vehicle head on. At
approximately the same time, Defendant ASHLEY PALOMO was traveling parallel to the
Plaintiffs on the outside lane before the collision occurred. When the Plaintiffs vehicle was
struck head on by Defendant, CLAUDIA ANN CARRIZALES, the momentum of the vehicle
jolted Plaintiffs’ vehicle in a counter clockwise motion. Defendant, ASHLEY PALOMO, took
no evasive action to avoid the collision, thus causing her vehicle to collide with the Plaintiffs.
The impact was so severe that Plaintiff, ROMEO MARTINEZ, was ejected out of the solid
back seat window while the window was closed, causing severe injuries. Plaintiff, CYNTHIA
SALDIVAR, sustained broken bones because of the immense impact. Consequently, Plaintiff,
CYNTHIA ANN LOPEZ, sustained severe and fatal bodily injuries and ultimately died at
Doctor’s Hospital at Renaissance where she was transported, after the disastrous collision.
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Because of Defendant CLAUDIA ANN CARRIZALES and ASHLEY PALOMO’s
negligence, Plaintiffs have sustained serious and severe bodily injuries and suffered damages.
Vv.
WRONGFUL DEATH AND SURVIVAL
This action arises out of the death of CYNTHIA ANN LOPEZ. This action is brought,
in part, pursuant to V. T. C. A., Tex. Civ. Prac. & Rem. Code, Sec. 71.001, et seg., and Sec.
71.021, the “Texas Wrongful Death” and “Survival Statutes” of the State of Texas, respectively.
This suit is brought, pursuant to both the wrongful death and survival statutes, by ROMEO
MARTINEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF
CYNTHIA ANN LOPEZ and CYNTHIA SALDIVAR, INDIVIDUALLY.
Plaintiffs would assert and allege that the conduct (acts and omissions) of the Defendants
and those they are responsible for resulted in the untimely death of CYNTHIA ANN LOPEZ.
The injuries and resulting damages were proximately caused by the negligent, grossly negligent
and/or malicious acts of omission and/or commission of the Defendants and/or persons for whom
they are responsible for including, but not limited to agents, representatives, servants/employees,
joint employees, co-employees, and/or borrowed servants and/or other persons serving two
masters.
VI.
NEGLIGENCE OF DEFENDANT ASHLEY PALOMO
The incident in question and the resulting damages as set forth below were caused by the
negligence of ASHLEY PALOMO, whereby she was negligent in the following respects:
a. In failing to keep such proper lookout as an ordinary person of ordinary prudence would
have kept under the same or similar circumstances;
b. In driver inattention:
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c. In failing to apply brakes timely and properly; and
d. In failing to take evasive action.
The above-described incident and resulting damages as set forth below were caused by
the acts and omissions of Defendant, ASHLEY PALOMO.
NEGLIGENCE OF DEFENDANT CLAUDIA ANN CARRIZALES
Plaintiffs would also show that Defendant, CLAUDIA ANN CARRIZALES was
negligent in a number of ways including, but not limited to:
a. Recklessly driving while intoxicated;
b. Recklessly leaving the scene of an accident;
c. Recklessly causing death to another motorist;
d. In failing to drive on a single marked lane;
e. failing to maintain control:
f. failing to stop and render aid;
g. In failing to carry out the duty of operating a vehicle responsibly and with proper due
care;
h, In failing to keep such a proper lookout as an ordinary person of ordinary prudence
would have kept under the same or similar circumstances;
i. In driver inattention;
j. In failing to control speed;
k. In recklessly ramming into Plaintiffs’ vehicle; and
1. In wantonly disregarding the rules of the road;
As a result of her negligence, Plaintiff, CYNTHIA ANN LOPEZ suffered severe injuries
and died.
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GROSS NEGLIGENCE OF DEFENDANT CLAUDIA ANN CARRIZALES
Plaintiffs believe that the acts and/or omissions of the Defendant singularly, or in
combination, were more than momentary thoughtlessness, inadvertence, or error of judgment on
the part of this Defendant but were in complete disregard for the rights and safety of the public —
including the Plaintiffs and their Decedent — thereby amounting to malice and/or “gross neglect”
as that term is defined by law. Such acts and/or omissions, as found by clear and convincing
evidence, prove that the harm to Plaintiffs and their Decedent resulted from malice, or gross
negligence in that these Defendant’s actions and/or omissions, which, when viewed objectively
from the standpoint of this Defendant, at the time of its occurrence. involved an extreme degree
of risk considering the probability and magnitude of the potential harm to others; and of which
this Defendant had actual, subjective awareness of the risk involved, and nevertheless proceeded
with conscious indifference to the rights, safety, and/or welfare of others. Accordingly,
Plaintiffs seek exemplary damages as a way of punishment for the acts complained of against
Defendant, jointly and severally.
VII.
DAMAGES
SURVIVAL CLAIMS
Plaintiff ROMEO MARTINEZ is the surviving spouse and Personal Representative of
the Estate of CYNTHIA ANN LOPEZ. As such, he has standing to recover all damages for
the Estate of CYNTHIA ANN LOPEZ allowed by law, whether or not specifically pled. When
CYNTHIA ANN LOPEZ died, her causes of action against Defendants did not die with her.
Rather, under the Texas Survivor’s Act, said causes of action survived her tragic death and
passed to the benefit of her Estate.
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Plaintiffs would show that CYNTHIA ANN LOPEZ suffered catastrophic conscious
physical pain and suffering, mental anguish, and emotional distress, incurred expenses for
reasonable funeral and burial expenses, all as a direct and proximate result of the negligent and
grossly negligent conduct of the Defendants. Under Texas law, said damages do not die with the
aggrieved victims, but survive to and in favor of the Decedent’s Estate. Plaintiffs bring this suit
as the Personal Representative of the Estate to recover all of the legally recognized elements of
damages, whether or not specifically pled, including punitive/exemplary damages for gross
negligence, which CYNTHIA ANN LOPEZ could have recovered, had she survived and sued,
VIII.
WRONGFUL DEATH DAMAGES
Plaintiff ROMEO MARTINEZ is the surviving spouse and Plaintiff CYNTHIA
SALDIVAR, along with her two other siblings, BETHANY KATE SALDIVAR and MARIO
BRIAN SALDIVAR, are the surviving children of CYNTHIA ANN LOPEZ, deceased. As a
result of the Defendant CLAUDIA ANN CARRIZALES’s acts and omissions. Plaintiffs have
standing to bring this suit in their individual capacities as statutory wrongful death beneficiaries.
The Plaintiffs have suffered such general and special injuries and damages as occur to
one who
has lost a husband or father or son. Plaintiffs have suffered injuries and damages to the familial
relationship, including past and future loss of care, advice, attention, counsel, support,
companionship, society, affection, and comfort necessary for a successful familial relationship,
as well as contributions of a pecuniary value which they would have likely received had their
husband, father and son lived. Plaintiffs have suffered mental anguish, emotional distress,
physical pain, grief, and sorrow as a result of the physical and mental suffering of their wife,
mother, grandmother, daughter, and sister prior to her injuries and untimely death, and as a result
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of her death. Plaintiffs will suffer in this manner for a long time in the future, if not for the rest
of their lives. Plaintiffs bring this suit as Statutory wrongful death beneficiaries to recover all of
the legally recognized elements of damages, including punitive/exemplary damages for gross
neglect, which they are entitled to recover.
IX.
EXEMPLARY DAMAGES
Plaintiffs would show that Defendants’ conduct constitutes gross negligence and as such,
Plaintiffs are entitled to recover exemplary damages. Under Texas Civil Practices & Remedies
Code Sections 41.008 (c)(14)(15) the limitation of the amount of recovery caps does not apply to
the causes of action against the Defendant CLAUDIA ANN CARRIZALES from whom the
Plaintiffs seek recovery of exemplary damages based on the conduct described as a felony
in
Texas Penal Code Section 49.008 Intoxication Assault and Intoxication Manslaughter.
X,
PRE-JUDGMENT INTEREST AND POST-JUDGEMENT INTEREST
Plaintiffs would additionally say and show that they are entitled to recovery of
pre-judgment interest in accordance with law and equity as part of their damages herein,
and
Plaintiffs here and now sue for recovery of pre-judgment interest from the date of the occurrenc
e
made the basis of this suit until the date of the judgment herein, as provided by law and equity,
as well as post-judgment interest, under the applicable provisions of the laws of the State of
Texas. Plaintiffs are also entitled to all costs of court.
XI.
REQUEST FOR DISCLOSURE
Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiffs request that each
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Defendant disclose, within thirty (30) days of service of this request, the information and
material described in Rule 194.2 of the Texas Rules of Civil Procedure.
XI.
REQUEST FOR JURY TRIAL
Plaintiffs respectfully invoked their right to have the factual issues in this cause
determined by a jury of their peers, and together with the filing of the original petition tendered
to the Clerk of this Court, the jury application fee in compliance with the Texas Rules of Civil
Procedure.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiffs ROMEO MARTINEZ,
INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CYNTHIA ANN
LOPEZ and CYNTHIA SALDIVAR, INDIVIDUALLY. pray that Defendants CLAUDIA
ANN CARRIZALES and ASHLEY PALOMA be cited to appear before this Court and that
upon final hearing hereof, Plaintiffs recover judgment against Defendants for their fair and
just
and exemplary damages to which they are entitled together with attorneys’ fees, costs,
pre-judgment and post-judgment interest, and for all other and further relief, either at law
or in
equity to which Plaintiffs show themselves entitled.
Respectfully submitted,
LAW OFFICE OF BOBBY GARCIA, P.C,
P.O. Box 5729
McAllen, Texas 78502
Telephone: (956)668-7400
Facsimile: (956)668-7500
Email: litigation @bobbygarcia.com
<->
BOBBY GARCIA
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Texas SBN: 07645210
New York SBN: 5387485
ATTORNEY FOR ROMEO MARTINEZ,
INDIVIDUALLY AND AS REPRESENTATIVE OF
THE ESTATE OF CYNTHIA ANN LOPEZ AND
CYNTHIA SALDIVAR, INDIVIDUALLY
10
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CAME ON TO HANO: Luge i325 DELNERED: Zot = 2 LEC pr BY: fT NOTICE: Pursuant to TRCP 126: Statement of Inability to Afford Payment PSC-16209 of Court Costs or an Appeal Bond filed = NO C-0238-22-A 92ND DISTRICT COURT, HIDALGO COUNTY, TEXAS CITATION THE STATE OF TEXAS NOTICE TO DEFENDANT: You have been sued. You may employ an attomey, If you or your attorney do not file a written answer with the clerk who issued this citation by 10:00 a.m, on the Monday next following the expiration of twenty (20) days after you were served with this citation and petition, a default judgment may be taken against you. In addition to filing a written answer with the clerk, you may be required to make initial disclosures to the other parties of this suit. These disclosures generally must be made no later than 30 davs after you file your answer with the clerk. Find out more at TexasLawHelp.org. CLAUDIA ANN CARRIZALES 1603 NOLANA AVENUE MCALLEN TX 78504 OR WHEREVER FOUND You are hereby commanded to appear by filing a written answer to the PLAINTIFFS’ ORIGINAL PETITION on or before 10:00 o’clock a.m. on the Monday next after the expiration of twenty (20) days after the date of service hereof, before the Honorable Luis M. Singleterry, 92nd District Court of Hidalgo County, Texas at the Courthouse at 100 North Closner, Edinburg, Texas 78539. Said petition was filed on this the 20th day of January, 2022 and a copy of same accompanies this citation. The file number and style of said suit being C-0238-22-A, ROMEO MARTINEZ INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CYNTHIA ANN LOPEZ, AND CYNTHIA SALDIVAR, INDIVIDUALLY VS CLAUDIA ANN CARRIZLES AND ASHLEY PALOMO Said Petition was filed in said court by Attorney BOBBY GARCIA PO BOX 5729 MCALLEN TX 78502. The nature of the demand is fully shown by a true and correct copy of the petition accompanying this citation and made a part hereof. The officer executing this writ shall promptly serve the same according to requirements of law, and the mandates thereof, and make due return as the law directs. ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at Edinburg, Texas on this the 21st day of January, 2022. LAURA HINOJOSA, DISTRICT CLERK 100 N. CLOSNER, EDINBURG, TEXAS HIDALGO COUNTY, TEXAS ALAN GARCIX; DEPUTY CLERK C-0238-22-A OFFICER’S RETURN Came to hand on of , 202 at o’clock ___.m. and executed in County, Texas by delivering to each of the within named Defendant in person, a true copy of this citation, upon which I endorsed the date of delivery to said Defendant together with the accompanying copy of the (petition) at the following times and places, to-wit: NAME DATE TIME PLACE And not executed as to the defendant, the diligence used in finding said defendant, being: and the cause of failure to execute this process is: and the information received as to the whereabouts of said defendant, being: I actually and necessarily traveled miles in the service of this citation, in addition to any other mileage I may have traveled in the service of other process in the same case during the same trip. Fees: serving ... copy(s) $ MES -cevarasecuwevsevare: $ DEPUTY COMPLETE IF YOU ARE PERSON OTHER THAN A SHERIFF, CONSTABLE OR CLERK OF THE COURT In accordance to Rule 107, the officer or authorized person who serves or attempts to serve a Citation must sign the return. If the return is signed by a person other than a sheriff, constable or the clerk of the court, the return must either be verified or be signed under the penalty of perjury. A return signed under penalty of perjury must contain the statement below in substantially the following form: “My name is _, my date of birth is and the address is and I declare under penalty of perjury that the foregoing is true and correct. EXECUTED in County, State of Texas, on the day of , 202. Declarant” If Certified by the Supreme Court of Texas Date of Expiration / PSC Number Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-0238-22-A CAUSE NO. ROMEO MARTINEZ, INDIVIDUALLY IN THE DISTRICT COURT SP AND AS REPRESENTATIVE OF THE Shs SPs ESTATE OF CYNTHIA ANN LOPEZ, AND CYNTHIA SALDIVAR, INDIVIDUALLY, Shi Plaintiffs, LP She LP JUDICIAL DISTRICT Sh KP SR CLAUDIA ANN CARRIZALES SR AND ASHLEY PALOMO, Se Defendants. HIDALGO COUNTY, TEXAS St PLAINTIFFS’ ORIGINAL PETITION COMES NOW. ROMEO MARTINEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CYNTHIA ANN LOPEZ and CYNTHIA SALDIVAR, INDIVIDUALLY, (hereinafter referred to collectively as Plaintiffs) and files this their Original Petition and Request for Disclosures, complaining of CLAUDIA ANN CARRIZALES and ASHLEY PALOMO (all collectively referred to as Defendants). In support, Plaintiffs would show this Honorable Court as follows: I. DISCOVERY LEVEL Plaintiffs would show that discovery in this case should be conducted under Level 3 pursuant to Rule 190.4 of the Texas Rules of Civil Procedure. Il. PARTIES PlaintiffSs ROMEO MARTINEZ and CYNTHIA SALDIVAR, residents of Hidalgo County, Texas, are the spouse and daughter of CYNTHIA ANN LOPEZ, deceased. They have Electronically Filed 4/20/2022 11:12 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-0238-22-A brought suit in their individual capacity as wrongful death beneficiaries. Plaintiff ROMEO MARTINEZ, INDIVIDUALLY has also brought suit in their capacity as Personal Representative of the Estate of CYNTHIA ANN LOPEZ (the “Estate”). Plaintiffs would show that no administration of the Estate is necessary in this case. There are no real or personal assets of the other than the claims stated herein. There are no outstanding or foreseeable debts owed or due from the Estate as such there are no creditors. All heirs of the Estate are known, and ROMEO MARTINEZ, INDIVIDUALLY, is duly qualified to serve as the personal administrator of the Estate and bring suit in that capacity under Texas law. Defendant CLAUDIA ANN CARRIZALES is a Texas resident and may be served at 1603 Nolana Avenue, McAllen, Texas 78504 or wherever found. Defendant ASHLEY PALOMO is a Texas resident and may be served at 1302 W. Kiwi Street, Apartment #3, Pharr, Texas 78577 or wherever found. Ill. JURISDICTION AND VENUE Venue is proper in Hidalgo County pursuant to Texas Civil Practice and Remedies Code §$15.002(a)(1) because all or a substantial part of the acts giving rise to this suit including, but not limited to, based on information and belief, acts and omissions by Defendants, occurred in Hidalgo County, Texas. This Court has subject matter jurisdiction over this case because Plaintiffs seek damages in excess of the Court’s minimum jurisdictional limit. Pursuant to Rule 54 of the Texas Rules of Civil Procedure, all conditions precedent to Plaintiffs’ rights to recover herein and to Defendants’ liability have been performed or have occurred. Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-0238-22-A IV. BACKGROUND FACTS On or about January 06, 2022, Plaintiff, CYNTHIA ANN LOPEZ, deceased, was the driver, and Plaintiffs, ROMEO MARTINEZ and CYNTHIA SALDIVAR were the passengers of a 2008 Black Nissan Altima that was traveling Westbound at the 1300 Block of E. Nolana Avenue on the inside lane. Plaintiff, ROMEO MARTINEZ, was sitting in the back seat, behind the passenger’s side, while Plaintiff, CYNTHIA SALDIVAR, was sitting in the front passenger seat. Defendant CLAUDIA ANN CARRIZALES was traveling Eastbound on the 1300 Block of E. Nolana Avenue on the inside lane. Defendant CLAUDIA ANN CARRIZALES was heavily intoxicated when suddenly and without warning, Defendant swerved into the Westbound lane where Plaintiffs were traveling and plowed into Plaintiffs’ vehicle head on. At approximately the same time, Defendant ASHLEY PALOMO was traveling parallel to the Plaintiffs on the outside lane before the collision occurred. When the Plaintiffs vehicle was struck head on by Defendant, CLAUDIA ANN CARRIZALES, the momentum of the vehicle jolted Plaintiffs’ vehicle in a counter clockwise motion. Defendant, ASHLEY PALOMO, took no evasive action to avoid the collision, thus causing her vehicle to collide with the Plaintiffs. The impact was so severe that Plaintiff, ROMEO MARTINEZ, was ejected out of the solid back seat window while the window was closed, causing severe injuries. Plaintiff, CYNTHIA SALDIVAR, sustained broken bones because of the immense impact. Consequently, Plaintiff, CYNTHIA ANN LOPEZ, sustained severe and fatal bodily injuries and ultimately died at Doctor’s Hospital at Renaissance where she was transported, after the disastrous collision. Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-0238-22-A Because of Defendant CLAUDIA ANN CARRIZALES and ASHLEY PALOMO’s negligence, Plaintiffs have sustained serious and severe bodily injuries and suffered damages. Vv. WRONGFUL DEATH AND SURVIVAL This action arises out of the death of CYNTHIA ANN LOPEZ. This action is brought, in part, pursuant to V. T. C. A., Tex. Civ. Prac. & Rem. Code, Sec. 71.001, et seg., and Sec. 71.021, the “Texas Wrongful Death” and “Survival Statutes” of the State of Texas, respectively. This suit is brought, pursuant to both the wrongful death and survival statutes, by ROMEO MARTINEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CYNTHIA ANN LOPEZ and CYNTHIA SALDIVAR, INDIVIDUALLY. Plaintiffs would assert and allege that the conduct (acts and omissions) of the Defendants and those they are responsible for resulted in the untimely death of CYNTHIA ANN LOPEZ. The injuries and resulting damages were proximately caused by the negligent, grossly negligent and/or malicious acts of omission and/or commission of the Defendants and/or persons for whom they are responsible for including, but not limited to agents, representatives, servants/employees, joint employees, co-employees, and/or borrowed servants and/or other persons serving two masters. VI. NEGLIGENCE OF DEFENDANT ASHLEY PALOMO The incident in question and the resulting damages as set forth below were caused by the negligence of ASHLEY PALOMO, whereby she was negligent in the following respects: a. In failing to keep such proper lookout as an ordinary person of ordinary prudence would have kept under the same or similar circumstances; b. In driver inattention: Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-0238-22-A c. In failing to apply brakes timely and properly; and d. In failing to take evasive action. The above-described incident and resulting damages as set forth below were caused by the acts and omissions of Defendant, ASHLEY PALOMO. NEGLIGENCE OF DEFENDANT CLAUDIA ANN CARRIZALES Plaintiffs would also show that Defendant, CLAUDIA ANN CARRIZALES was negligent in a number of ways including, but not limited to: a. Recklessly driving while intoxicated; b. Recklessly leaving the scene of an accident; c. Recklessly causing death to another motorist; d. In failing to drive on a single marked lane; e. failing to maintain control: f. failing to stop and render aid; g. In failing to carry out the duty of operating a vehicle responsibly and with proper due care; h, In failing to keep such a proper lookout as an ordinary person of ordinary prudence would have kept under the same or similar circumstances; i. In driver inattention; j. In failing to control speed; k. In recklessly ramming into Plaintiffs’ vehicle; and 1. In wantonly disregarding the rules of the road; As a result of her negligence, Plaintiff, CYNTHIA ANN LOPEZ suffered severe injuries and died. Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks Reviewed By: Armando Cantu C-0238-22-A GROSS NEGLIGENCE OF DEFENDANT CLAUDIA ANN CARRIZALES Plaintiffs believe that the acts and/or omissions of the Defendant singularly, or in combination, were more than momentary thoughtlessness, inadvertence, or error of judgment on the part of this Defendant but were in complete disregard for the rights and safety of the public — including the Plaintiffs and their Decedent — thereby amounting to malice and/or “gross neglect” as that term is defined by law. Such acts and/or omissions, as found by clear and convincing evidence, prove that the harm to Plaintiffs and their Decedent resulted from malice, or gross negligence in that these Defendant’s actions and/or omissions, which, when viewed objectively from the standpoint of this Defendant, at the time of its occurrence. involved an extreme degree of risk considering the probability and magnitude of the potential harm to others; and of which this Defendant had actual, subjective awareness of the risk involved, and nevertheless proceeded with conscious indifference to the rights, safety, and/or welfare of others. Accordingly, Plaintiffs seek exemplary damages as a way of punishment for the acts complained of against Defendant, jointly and severally. VII. DAMAGES SURVIVAL CLAIMS Plaintiff ROMEO MARTINEZ is the surviving spouse and Personal Representative of the Estate of CYNTHIA ANN LOPEZ. As such, he has standing to recover all damages for the Estate of CYNTHIA ANN LOPEZ allowed by law, whether or not specifically pled. When CYNTHIA ANN LOPEZ died, her causes of action against Defendants did not die with her. Rather, under the Texas Survivor’s Act, said causes of action survived her tragic death and passed to the benefit of her Estate. Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks C-0238-22-A Reviewed By: Armando Cantu Plaintiffs would show that CYNTHIA ANN LOPEZ suffered catastrophic conscious physical pain and suffering, mental anguish, and emotional distress, incurred expenses for reasonable funeral and burial expenses, all as a direct and proximate result of the negligent and grossly negligent conduct of the Defendants. Under Texas law, said damages do not die with the aggrieved victims, but survive to and in favor of the Decedent’s Estate. Plaintiffs bring this suit as the Personal Representative of the Estate to recover all of the legally recognized elements of damages, whether or not specifically pled, including punitive/exemplary damages for gross negligence, which CYNTHIA ANN LOPEZ could have recovered, had she survived and sued, VIII. WRONGFUL DEATH DAMAGES Plaintiff ROMEO MARTINEZ is the surviving spouse and Plaintiff CYNTHIA SALDIVAR, along with her two other siblings, BETHANY KATE SALDIVAR and MARIO BRIAN SALDIVAR, are the surviving children of CYNTHIA ANN LOPEZ, deceased. As a result of the Defendant CLAUDIA ANN CARRIZALES’s acts and omissions. Plaintiffs have standing to bring this suit in their individual capacities as statutory wrongful death beneficiaries. The Plaintiffs have suffered such general and special injuries and damages as occur to one who has lost a husband or father or son. Plaintiffs have suffered injuries and damages to the familial relationship, including past and future loss of care, advice, attention, counsel, support, companionship, society, affection, and comfort necessary for a successful familial relationship, as well as contributions of a pecuniary value which they would have likely received had their husband, father and son lived. Plaintiffs have suffered mental anguish, emotional distress, physical pain, grief, and sorrow as a result of the physical and mental suffering of their wife, mother, grandmother, daughter, and sister prior to her injuries and untimely death, and as a result Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks C-0238-22-A Reviewed By: Armando Cantu of her death. Plaintiffs will suffer in this manner for a long time in the future, if not for the rest of their lives. Plaintiffs bring this suit as Statutory wrongful death beneficiaries to recover all of the legally recognized elements of damages, including punitive/exemplary damages for gross neglect, which they are entitled to recover. IX. EXEMPLARY DAMAGES Plaintiffs would show that Defendants’ conduct constitutes gross negligence and as such, Plaintiffs are entitled to recover exemplary damages. Under Texas Civil Practices & Remedies Code Sections 41.008 (c)(14)(15) the limitation of the amount of recovery caps does not apply to the causes of action against the Defendant CLAUDIA ANN CARRIZALES from whom the Plaintiffs seek recovery of exemplary damages based on the conduct described as a felony in Texas Penal Code Section 49.008 Intoxication Assault and Intoxication Manslaughter. X, PRE-JUDGMENT INTEREST AND POST-JUDGEMENT INTEREST Plaintiffs would additionally say and show that they are entitled to recovery of pre-judgment interest in accordance with law and equity as part of their damages herein, and Plaintiffs here and now sue for recovery of pre-judgment interest from the date of the occurrenc e made the basis of this suit until the date of the judgment herein, as provided by law and equity, as well as post-judgment interest, under the applicable provisions of the laws of the State of Texas. Plaintiffs are also entitled to all costs of court. XI. REQUEST FOR DISCLOSURE Pursuant to Rule 194 of the Texas Rules of Civil Procedure, Plaintiffs request that each Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks C-0238-22-A Reviewed i By: DA Armando Cantu Defendant disclose, within thirty (30) days of service of this request, the information and material described in Rule 194.2 of the Texas Rules of Civil Procedure. XI. REQUEST FOR JURY TRIAL Plaintiffs respectfully invoked their right to have the factual issues in this cause determined by a jury of their peers, and together with the filing of the original petition tendered to the Clerk of this Court, the jury application fee in compliance with the Texas Rules of Civil Procedure. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiffs ROMEO MARTINEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CYNTHIA ANN LOPEZ and CYNTHIA SALDIVAR, INDIVIDUALLY. pray that Defendants CLAUDIA ANN CARRIZALES and ASHLEY PALOMA be cited to appear before this Court and that upon final hearing hereof, Plaintiffs recover judgment against Defendants for their fair and just and exemplary damages to which they are entitled together with attorneys’ fees, costs, pre-judgment and post-judgment interest, and for all other and further relief, either at law or in equity to which Plaintiffs show themselves entitled. Respectfully submitted, LAW OFFICE OF BOBBY GARCIA, P.C, P.O. Box 5729 McAllen, Texas 78502 Telephone: (956)668-7400 Facsimile: (956)668-7500 Email: litigation @bobbygarcia.com <-> BOBBY GARCIA Electronically Filed 1/20/2022 11:12 AM Hidalgo County District Clerks C-0238-22-A Reviewed By: Armando Cantu Texas SBN: 07645210 New York SBN: 5387485 ATTORNEY FOR ROMEO MARTINEZ, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF CYNTHIA ANN LOPEZ AND CYNTHIA SALDIVAR, INDIVIDUALLY 10