Preview
FILED
2 CIT ATTY 3/6/2020 12:54PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO., TEXAS
Kayla Buckley DEPUTY
DC-20-03802
CAUSE NO NO.
LUIS MATA, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § L-193RD JUDICIAL DISTRICT
§
LEA BERRY AND §
ROGER BERRY, §
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION. DEMAND FOR JURY TRIAL,
RULE 193.7 NOTICE AND REQUEST FOR DISCLOSURE TO DEFENDANTS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, LUIS MATA, hereinafter “Plaintiff”, complaining of and about LEA BERRY
and ROGER BERRY, hereinafter collectively “Defendants”, and for cause 0f
of action would
respectfully show the Court the following:
DISCOVERY CONTROL PLAN LEVEL
1. Plaintiff intends that discovery be conducted under Discovery Level 3.
PARTIES AND SERVICE
2. Plaintiff, LUIS MATA, is an individual and resident of
0f the State 0f Texas whose
Whose
address for service is 9330 LBJ Freeway, Suite 120, Dallas, Texas 75243. The last three digits of
Plaintiff s drivers’ license
Plaintiff” number are 336 and the ofPlaintiff” s social security
last three digits ofPlaintifF number
are 646.
3. Defendant, LEA BERRY, is an individual and resident 0f of the State of Texas and may
be served with process at the following address: 3316 Amherst Avenue, Dallas, Texas 75225, or
wherever she
Wherever may be found. Service 0f said Defendant may be had by personal delivery.
4. Defendant, ROGER BERRY, is an individual and resident of 0f the State 0f Texas
of and
may be served with process at the following address: 3316 Amherst Avenue, Dallas, Texas 75225, or
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 1 of48
of 48
wherever he may be found. Service 0f said Defendant may be had by personal delivery.
JURISDICTION AND VENUE
5. The subj ect matter in controversy is Within the jurisdictional limits 0f this court. Venue
in Dallas County is proper in this cause under Section 15.002(a)(1) 0f the Texas Civil Practice and
Remedies Code because all 0r a substantial part 0f the events or omissions giving rise to this lawsuit
occurred in this county. In accordance with Rule 47 of the Texas Rules of Civil Procedure, Plaintiff
seeks monetary relief over $100,000.00 but not more than $200,000.00.
FACTS
6. On 0r about March 19, 2018, Plaintiff was driving on Peavy when Plaintiff’s vehicle
was suddenly struck by another vehicle being driven by Defendant Lea Berry and owned by Defendant
Roger Berry. As a result 0f the collision, Plaintiff sustained bodily injuries and damages. More
specifically, due t0 Defendants’ careless driving and lack of regard for the traffic laws, Plaintiff was
forced t0 suffer the damages claimed herein.
NEGLIGENCE OF DEFENDANT LEA BERRY
7. Defendant had a duty t0 exercise the degree 0f care that a reasonably careful person
would use to avoid harm to others under circumstances similar t0 those described herein.
8. Plaintiff’s injuries were proximately caused by Defendant’s negligent, careless and
reckless disregard of said duty.
9. The negligent, careless and reckless disregard of duty 0f Defendant consisted of, but is
not limited to, the following acts and omissions:
A. In that Defendant failed t0 keep a proper lookout for Plaintiff’s safety that
would have been maintained by a person of ordinary prudence under the same
or similar circumstances;
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 2 of 48
B. In that Defendant failed t0 operate their motor vehicle in an effort to avoid the
collision complained of;
C. In that Defendant failed to keep such distance away from Plaintiff’s motor
vehicle as a person using ordinary prudent care would have done;
D. In that Defendant was operating their motor vehicle at a rate of speed Which
was greater than that would have been operated by a person 0f ordinary
prudence under the same 0r similar circumstances; and
E. In that Defendant failed t0 apply their brakes to their motor vehicle in a timely
and prudent manner and/or Wholly failed t0 apply their brakes in order t0 avoid
the collision in question.
NEGLIGENT ENTRUSTMENT OF DEFENDANT ROGER BERRY
10. On March 19, 20 1 8, Defendant ROGER BERRY was the owner of the vehicle operated
by Defendant LEA BERRY.
11. Defendant ROGER BERRY entrusted the vehicle to Defendant LEA BERRY, a
reckless and incompetent driver.
12. Defendant ROGER BERRY knew, 0r through the exercise 0f reasonable care should
have known, that Defendant LEA BERRY was a reckless and incompetent driver.
13. As described herein, Defendant LEA BERRY was negligent on the occasion in
question.
14. Defendant LEA BERRY’ S negligence was the proximate cause 0f Plaintiff” s damages.
DAMAGES
15. As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiff sustained bodily injuries and incurred the following damages:
A. Reasonable medical care and expenses in the past, which were incurred by
Plaintiff for the necessary care and treatment 0f the injuries resulting from the
accident complained 0f herein and such charges are reasonable and were usual
and customary charges for such services in Dallas County, Texas;
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 3 0f 48
B. Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
C. Physical pain and suffering in the past;
D. Physical pain and suffering in the future;
E. Mental anguish in the past; and
F. Mental anguish in the future.
DEMAND FOR JURY TRIAL
16. Pursuant t0 Rule 216 0f the Texas Rules 0f Civil Procedure, Plaintiff hereby demands
a trial by jury and tenders the jury fee herewith.
RULE 193.7 NOTICE TO DEFENDANTS
17. Pursuant t0 Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends to use
against Defendants in any legal pretrial proceeding or at trial alldocuments produced t0 Plaintiffs in
response t0 written discovery. This notice is given t0 Defendants within ten (10) days after Defendants
have actual notice that all documents produced by Defendants t0 Plaintiff in this lawsuit will be offered
at trial,thereby satisfying the requirement 0f authentication 0r identification as a condition precedent
to admissibility pursuant t0 the Rule 901(a) 0f the Texas Rules of Evidence.
REQUEST FOR WRITTEN DISCOVERY TO DEFENDANTS
18. Pursuant to the Texas Rules of Civil Procedure, Defendants are hereby requested t0
provide answers and/or responses to the following requests for written discovery Within fifty (5 0) days
of service 0f the requests, Which are being served herewith and are attached hereto, and include the
following: Plaintiff s First Request for Admissions to Defendants; Plaintiff s Request for Disclosure
to Defendants; Plaintiff’s First Set of Interrogatories t0 Defendants; and Plaintiff’s First Request for
Production t0 Defendants.
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 4 of 48
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendants be
cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for
Plaintiff against Defendants for damages in an amount within the jurisdictional limits 0f the Court;
together With pre-judgment interest (from the date of injury through the date 0f judgment) at the
maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other
and further relief to which Plaintiff may be entitled at law or in equity.
Respectfully submitted,
ALMASRI & MARZWANIAN LAW GROUP PLLC
By: /s/Hazim Mandavia
Sam Almasri
Texas Bar N0. 24053071
Email: sam@theamlawgroup.com
Hazim Mandavia
Texas Bar No. 24096984
Email: hazim@theam1awgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-227 1
Attorneys for Plaintiff
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 5 0f 48
CAUSE NO.
LUIS MATA, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § JUDICIAL DISTRICT
§
LEA BERRY AND §
ROGER BERRY, §
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
TO DEFENDANT LEA BERRY
TO: DEFENDANT, LEA BERRY, 3316 Amherst Avenue, Dallas, Texas 75225, 0r Wherever she
may be found.
You are notified that Plaintiff demands that within 50 days after the service 0f these requests,
Defendant specifically admit or deny the facts requested as set forth herein. A failure to specifically
answer any request, 0r an evasive answer t0 any request, Will be taken as an admission 0f truth 0f such
request.
Respectfully submitted,
ALMASRI & MARZWANIAN LAW GROUP PLLC
By: /s/Hazim Mandavia
Sam Almasri
Texas Bar No. 24053071
Email: sam@theamlawgr0up.com
Hazim Mandavia
Texas Bar No. 24096984
Email: hazim@theamlawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorneys for Plaintiff
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 6 0f 48
DEFINITIONS AND INSTRUCTIONS
1. As used herein, the terms, “you” an “your”, shall refer t0 Defendant, Defendant’s attorneys,
agents, and allother natural persons or business or legal entities acting or purporting t0 act for 0r on
behalf of Defendant, whether authorized to do so or not.
2. “Person”: The term “person” shall include individuals, associations, partnerships,
corporations, and any other type of entity or institution whether formed for business purposes 0r any
other purposes.
3. “Settlement”, as used herein, means:
(a) an oral 0r written, disclosed 0r undisclosed agreement, bargain, contract, settlement,
partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit
arrangement, contingent settlement, limitation 0n the amount 0f liability 0r judgment, 0r a promise by
or between plaintiff and any defendant 0r between any defendant herein whereby plaintiff 0r defendant
have in any way released or compromised, in whole or in part, directly or indirectly, 0r agreed to d0
so in the future, any of the matters in controversy in this lawsuit whether before, after or during trial
0r before 0r after any jury verdict is returned herein 0r a judgment is entered 0r rendered herein;
(b) any resolution 0f the differences between the Defendant and Plaintiff by loan to the
Defendant 0r any other device which is repayable in Whole 0r in part out 0f any judgment the
Defendant may recover against defendant;
(c) “Mary Carter Agreements” as that term is used under Texas Law.
4. Unless a specific date 0r dates is set forth in any specific question herein, you are directed
that each question shall be answered for the period of time up to and including the present date.
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 7 0f 48
REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1: Admit 0r deny that you did not maintain a proper lookout at
the time 0f the collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 2: Admit or deny that you failed to take action t0 avoid the
collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 3: Admit 0r deny that n0 other entity contributed t0 the collision
made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 4: Admit or deny that you were under care of a physician at
the time 0f the collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 5: Admit or deny that at thetime ofthe collision made the basis
of this lawsuit you did not have a valid Texas Drivers’ License.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 6: Admit or deny that you consumed drugs, medicines, or
alcoholic beverages within twenty-four (24) hours prior to said occurrence.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 7: Admit 0r deny that you were driving above the speed limit
just prior to impact with Plaintiff” s vehicle.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 8: Admit 0r deny that you failed t0 follow all traffic laws during
the moments prior t0 impact with Plaintiff” s vehicle.
ADMIT OR DENY:
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 8 0f 48
REQUEST FOR ADMISSION NO. 9: Admit or deny that you had failed t0 perform reasonable
maintenance on your vehicle to assure itsability to operate in safe manner prior t0 collision made the
basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 10: Admit 0r deny that your actions contributed t0 the collision
made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 11: Admit or deny that you have ever had your drivers’ license
revoked for any reason.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 12: Admit 0r deny that you have received a traffic citation in
the past five years.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 13: Admit 0r deny that you received a traffic citation in relation
t0 the collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 14: Admit 0r deny that you have been in more than one motor
vehicle accident in the past five years.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 15: Admit 0r deny that you were distracted just prior t0 the
impact in relation to the collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 16: Admit 0r deny that you saw Plaintiff’s vehicle prior t0 the
impact in relation to collision made the basis of this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 17: Admit 0r deny that you wore corrective lenses for any
purpose in 2017.
ADMIT OR DENY:
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 9 0f 48
REQUEST FOR ADMISSION NO. 18: Admit or deny that you were taking any medication in the
24 hour period prior to the collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 19: Admit 0r deny that you were 0n your cell phone at any time
within the 10 minutes preceding the impact in relation to the collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 20: Admit or deny that you have been involved in more than
one motor vehicle collision in the past ten years.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 21: Admit or deny that you received a traffic citation in the ten
years prior to the collision made the basis of this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 22: Admit 0r deny that your drivers’ license had been revoked
during any period 0f time prior t0 the collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 23: Admit 0r deny that you owned the vehicle involved in the
collision made the basis of this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 24: Admit 0r deny that you did not have a valid drivers’ license
at the time of the collision made the basis of this lawsuit.
ADMIT OR DENY:
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 10 0f 48
CAUSE NO.
LUIS MATA, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § JUDICIAL DISTRICT
§
LEA BERRY AND §
ROGER BERRY, §
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS
TO DEFENDANT ROGER BERRY
TO: DEFENDANT, ROGER BERRY, 33 16 Amherst Avenue, Dallas, Texas 75225, 0r Wherever
he may be found.
You are notified that Plaintiff demands that within 50 days after the service 0f these requests,
Defendant specifically admit or deny the facts requested as set forth herein. A failure to specifically
answer any request, 0r an evasive answer t0 any request, Will be taken as an admission 0f truth 0f such
request.
Respectfully submitted,
ALMASRI & MARZWANIAN LAW GROUP PLLC
By: /s/Hazim Mandavia
Sam Almasri
Texas Bar No. 24053071
Email: sam@theamlawgroup.com
Hazim Mandavia
Texas Bar No. 24096984
Email: hazim@theamlawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorneys for Plaintiff
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 11 0f 48
DEFINITIONS AND INSTRUCTIONS
2. As used herein, the terms, “you” an “your”, shall refer t0 Defendant, Defendant’s attorneys,
agents, and allother natural persons or business or legal entities acting or purporting t0 act for 0r on
behalf of Defendant, whether authorized to do so or not.
2. “Person”: The term “person” shall include individuals, associations, partnerships,
corporations, and any other type of entity or institution whether formed for business purposes 0r any
other purposes.
3. “Settlement”, as used herein, means:
(a) an oral 0r written, disclosed or undisclosed agreement, bargain, contract, settlement,
partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit
arrangement, contingent settlement, limitation 0n the amount 0f liability or judgment, 0r a promise by
or between plaintiff and any defendant 0r between any defendant herein whereby plaintiff or defendant
have in any way released or compromised, in whole or in part, directly or indirectly, 0r agreed to do
so in the future, any of the matters in controversy in this lawsuit whether before, after 0r during trial
0r before 0r after any jury verdict is returned herein 0r a judgment is entered 0r rendered herein;
(b) any resolution 0f the differences between the Defendant and Plaintiff by loan to the
Defendant 0r any other device which is repayable in Whole 0r in part out 0f any judgment the
Defendant may recover against defendant;
(c) “Mary Carter Agreements” as that term is used under Texas Law.
4. Unless a specific date 0r dates is set forth in any specific question herein, you are directed
that each question shall be answered for the period of time up to and including the present date.
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 12 0f 48
REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1: Admit or deny that you knew that Defendant Lea Berry had
been involved in a motor vehicle collision in the ten years prior to the collision made the basis 0f this
lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 2: Admit or deny that you knew that Defendant Lea Berry
received a traffic citation in the ten years prior to the collision made the basis of this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 3: Admit 0r deny that you knew Defendant Lea Berry’s drivers’
license had been revoked during any period of time prior to the collision made the basis of this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 4: Admit 0r deny that you owned the vehicle involved in the
collision made the basis 0f this lawsuit.
ADMIT OR DENY:
REQUEST FOR ADMISSION NO. 5: Admit or deny that you knew Defendant Lea Berry did not
have a valid drivers’ license at the time 0f the collision made the basis 0f this lawsuit.
ADMIT OR DENY:
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 13 0f 48
CAUSE NO.
LUIS MATA, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § JUDICIAL DISTRICT
§
LEA BERRY AND §
ROGER BERRY, §
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S REQUEST FOR DISCLOSURE TO DEFENDANTS
TO: DEFENDANTS, LEA BERRY and ROGER BERRY, 33 16 Amherst Avenue, Dallas, Texas
75225, 0r Wherever they may be found.
Pursuant t0 Rule 194 0f the Texas Rules of Civil Procedure, you are requested to disclose,
Within 50 days 0f service 0f this request, the information 0r material as set forth herein. A response t0
a request under Rule 194.2(f) is due according to Rule 195.2 of the Texas Rules 0f Civil Procedure.
The disclosures must be signed in accordance with Texas Rules of Civil Procedure, Rule 19 1 .3,
and delivered t0 the undersigned attorney. If you fail t0 comply with the requirements above, the
Court may order sanctions against you in accordance with the Texas Rules of Civil Procedure.
Respectfully submitted,
ALMASRI & MARZWANIAN LAW GROUP PLLC
By: /s/Hazim Mandavia
Sam Almasri
Texas Bar N0. 24053071
Email: sam@theamlawgr0up.com
Hazim Mandavia
Texas Bar No. 24096984
Email: hazim@theamlawgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227-2271
Attorneys for Plaintiffs
REQUESTS FOR DISCLOSURE
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 14 0f 48
REQUEST FOR DISCLOSURE R.194.2(a).: State the correct names of the parties to the lawsuit.
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(b).: State the name, address, and telephone number 0f any
potential parties.
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(c).: State the legal theories and, in general, the factual
bases for your claims or defenses.
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(d).: State the amount and any method of calculating
economic damages.
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(e).: State the name, address, and telephone number of
persons having knowledge 0f relevant facts, and a brief statement 0f each identified person's
connection With the case.
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(f).: For any testifying expert, state:
1. the expert's name, address, and telephone number;
2. the subj ect matter on Which the expert Will testify;
3. the general substance 0f the expert's mental impressions and a brief summary
of the basis for them, or if the expert isnot retained by, employed by, or
otherwise subject to your control, documents reflecting such information;
4. if the expert is retained by, employed by, or otherwise subject t0 your control:
A) produce all documents, tangible things, reports, models, or data
compilations that have been provided to, reviewed by, or prepared by
0r for the expert in anticipation 0f the expert's testimony; and
B) produce the expert's current resume and bibliography.
RESPONSE:
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 15 0f 48
REQUEST FOR DISCLOSURE R.194.2(2).: Produce any indemnity and insuring agreements as
described in Rule 192.3(f).
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(h).: Produce any settlement agreements as described in
Rule 192.3(g).
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(i).: Produce any Witness statements as described in Rule
192.3(h).
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(i).: If this is a suit alleging physical or mental injury and
damages from the occurrence that is the subj ect 0f the case, produce all medical records and bills that
are reasonably related t0 the injuries 0r damages asserted 0r, in lieu thereof, an authorization
permitting the disclosure 0f such medical records and bills.
RESPONSE:
REQUEST FOR DISCLOSURE R.194.2(k).: Produce all medical records and bills obtained by
the responding party by Virtue 0f an authorization furnished by the requesting party.
RESPONSE:
REQUEST FOR DISCLOSURE 194.2(1).: Produce the name, address, and telephone number 0f
any person who may be designated as a responsible third party.
RESPONSE:
CAUSE NO.
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 16 0f 48
LUIS MATA, § IN THE DISTRICT COURT
Plaintiff, §
§
V. § JUDICIAL DISTRICT
§
LEA BERRY AND §
ROGER BERRY, §
Defendants. § DALLAS COUNTY, TEXAS
PLAINTIFF’S FIRST SET OF INTERROGATORIES
TO DEFENDANT LEA BERRY
TO: DEFENDANT, LEA BERRY, 3316 Amherst Avenue, Dallas, Texas 75225 or Wherever she
may be found.
You are hereby instructed to answer the following interrogatories separately, fully, in writing,
and under oath if required by Rule 197.2(d) 0f the Texas Rules of Civil Procedure. The answers shall
be served upon the undersigned counsel Within 50 days after the service 0f these interrogatories.
Your failure to make timely answers 0r objections may subject you t0 sanctions as provided
in Rule 221 of the Texas Rules 0f Civil Procedure.
Respectfully submitted,
ALMASRI & MARZWANIAN LAW GROUP PLLC
By: /s/Hazim Mandavia
Sam Almasri
Texas Bar N0. 24053071
Email: sam@theamlawgr0up.com
Hazim Mandavia
Texas Bar No. 24096984
Email: hazim@theam1awgroup.com
9330 LBJ Freeway, Suite 120
Dallas, Texas 75243
Tel. (214) 227-2777
Fax. (214) 227—227 1
Attorneys for Plaintiff
DEFINITIONS AND INSTRUCTIONS
Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant
Page 17 0f 48
1. As used herein, the terms "you" and "your" shall refer to Defendant, Defendant’s
attorneys, agents, and all other natural persons or business 0r legal entities acting 0r purporting t0 act
for or on behalf 0f Defendant, Whether authorized t0 d0 s0 0r not.
2. As used herein, the term "documents" shall mean all writings of every kind, source and
authorship, both originals and allnonidentical copies thereof, in your possession, custody, or control,
or known by you t0 exist, irrespective of Whether the writing is one intended for 0r transmitted
internally by you, or intended for 0r transmitted t0 any other person 0r entity, including Without
limitation any government agency, department, administrative, or private entity 0r person. The term
shall include handwritten, typewritten, printed, photocopied, photographic, or recorded matter. It shall
include communications in words, symbols, pictures, sound recordings, films, tapes, and information
stored in, 0r accessible through, computer 0r other information storage 0r retrieval systems, together
With the codes and/or programming instructions and other materials necessary to understand and use
such systems. For purposes of illustration and not limitation, the term shall include: affidavits;
agendas; agreements; analyses; announcements; bills, statements, and other records 0f obligations and
expenditures; books; brochures; bulletins; calendars; canceled checks, vouchers, receipts and other
records 0f payments; charts or drawings; check registers; Checkbooks; circulars; collateral files and
contents; contracts; corporate bylaws; corporate charters; correspondence; credit files and contents;
deeds 0f trust; deposit slips; diaries; drafts; files; guaranty agreements; instructions; invoices; ledgers,
journals, balance sheets, profit and loss statements, and other sources 0f financial data; letters; logs,
notes, 0r memoranda 0f telephonic 0r face-to-face conversations; manuals; memoranda 0f all kinds,
t0 and from any persons, agencies, or entities; minutes; minute books; notes; notices; parts lists;
papers; press releases; printed matter (including books, articles, speeches, and newspaper clippings);
purchase orders; records; records 0f administrative, technical, and financial actions taken or
recommended; reports; safety deposit boxes and contents and records of entry; schedules; security
agreements; specificatio
Preview
FILED 2 CIT ATTY 3/6/2020 12:54PM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Kayla Buckley DEPUTY DC-20-03802 CAUSE NO NO. LUIS MATA, § IN THE DISTRICT COURT Plaintiff, § § V. § L-193RD JUDICIAL DISTRICT § LEA BERRY AND § ROGER BERRY, § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION. DEMAND FOR JURY TRIAL, RULE 193.7 NOTICE AND REQUEST FOR DISCLOSURE TO DEFENDANTS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, LUIS MATA, hereinafter “Plaintiff”, complaining of and about LEA BERRY and ROGER BERRY, hereinafter collectively “Defendants”, and for cause 0f of action would respectfully show the Court the following: DISCOVERY CONTROL PLAN LEVEL 1. Plaintiff intends that discovery be conducted under Discovery Level 3. PARTIES AND SERVICE 2. Plaintiff, LUIS MATA, is an individual and resident of 0f the State 0f Texas whose Whose address for service is 9330 LBJ Freeway, Suite 120, Dallas, Texas 75243. The last three digits of Plaintiff s drivers’ license Plaintiff” number are 336 and the ofPlaintiff” s social security last three digits ofPlaintifF number are 646. 3. Defendant, LEA BERRY, is an individual and resident 0f of the State of Texas and may be served with process at the following address: 3316 Amherst Avenue, Dallas, Texas 75225, or wherever she Wherever may be found. Service 0f said Defendant may be had by personal delivery. 4. Defendant, ROGER BERRY, is an individual and resident of 0f the State 0f Texas of and may be served with process at the following address: 3316 Amherst Avenue, Dallas, Texas 75225, or Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 1 of48 of 48 wherever he may be found. Service 0f said Defendant may be had by personal delivery. JURISDICTION AND VENUE 5. The subj ect matter in controversy is Within the jurisdictional limits 0f this court. Venue in Dallas County is proper in this cause under Section 15.002(a)(1) 0f the Texas Civil Practice and Remedies Code because all 0r a substantial part 0f the events or omissions giving rise to this lawsuit occurred in this county. In accordance with Rule 47 of the Texas Rules of Civil Procedure, Plaintiff seeks monetary relief over $100,000.00 but not more than $200,000.00. FACTS 6. On 0r about March 19, 2018, Plaintiff was driving on Peavy when Plaintiff’s vehicle was suddenly struck by another vehicle being driven by Defendant Lea Berry and owned by Defendant Roger Berry. As a result 0f the collision, Plaintiff sustained bodily injuries and damages. More specifically, due t0 Defendants’ careless driving and lack of regard for the traffic laws, Plaintiff was forced t0 suffer the damages claimed herein. NEGLIGENCE OF DEFENDANT LEA BERRY 7. Defendant had a duty t0 exercise the degree 0f care that a reasonably careful person would use to avoid harm to others under circumstances similar t0 those described herein. 8. Plaintiff’s injuries were proximately caused by Defendant’s negligent, careless and reckless disregard of said duty. 9. The negligent, careless and reckless disregard of duty 0f Defendant consisted of, but is not limited to, the following acts and omissions: A. In that Defendant failed t0 keep a proper lookout for Plaintiff’s safety that would have been maintained by a person of ordinary prudence under the same or similar circumstances; Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 2 of 48 B. In that Defendant failed t0 operate their motor vehicle in an effort to avoid the collision complained of; C. In that Defendant failed to keep such distance away from Plaintiff’s motor vehicle as a person using ordinary prudent care would have done; D. In that Defendant was operating their motor vehicle at a rate of speed Which was greater than that would have been operated by a person 0f ordinary prudence under the same 0r similar circumstances; and E. In that Defendant failed t0 apply their brakes to their motor vehicle in a timely and prudent manner and/or Wholly failed t0 apply their brakes in order t0 avoid the collision in question. NEGLIGENT ENTRUSTMENT OF DEFENDANT ROGER BERRY 10. On March 19, 20 1 8, Defendant ROGER BERRY was the owner of the vehicle operated by Defendant LEA BERRY. 11. Defendant ROGER BERRY entrusted the vehicle to Defendant LEA BERRY, a reckless and incompetent driver. 12. Defendant ROGER BERRY knew, 0r through the exercise 0f reasonable care should have known, that Defendant LEA BERRY was a reckless and incompetent driver. 13. As described herein, Defendant LEA BERRY was negligent on the occasion in question. 14. Defendant LEA BERRY’ S negligence was the proximate cause 0f Plaintiff” s damages. DAMAGES 15. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff sustained bodily injuries and incurred the following damages: A. Reasonable medical care and expenses in the past, which were incurred by Plaintiff for the necessary care and treatment 0f the injuries resulting from the accident complained 0f herein and such charges are reasonable and were usual and customary charges for such services in Dallas County, Texas; Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 3 0f 48 B. Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; C. Physical pain and suffering in the past; D. Physical pain and suffering in the future; E. Mental anguish in the past; and F. Mental anguish in the future. DEMAND FOR JURY TRIAL 16. Pursuant t0 Rule 216 0f the Texas Rules 0f Civil Procedure, Plaintiff hereby demands a trial by jury and tenders the jury fee herewith. RULE 193.7 NOTICE TO DEFENDANTS 17. Pursuant t0 Rule 193.7 of the Texas Rules of Civil Procedure, Plaintiff intends to use against Defendants in any legal pretrial proceeding or at trial alldocuments produced t0 Plaintiffs in response t0 written discovery. This notice is given t0 Defendants within ten (10) days after Defendants have actual notice that all documents produced by Defendants t0 Plaintiff in this lawsuit will be offered at trial,thereby satisfying the requirement 0f authentication 0r identification as a condition precedent to admissibility pursuant t0 the Rule 901(a) 0f the Texas Rules of Evidence. REQUEST FOR WRITTEN DISCOVERY TO DEFENDANTS 18. Pursuant to the Texas Rules of Civil Procedure, Defendants are hereby requested t0 provide answers and/or responses to the following requests for written discovery Within fifty (5 0) days of service 0f the requests, Which are being served herewith and are attached hereto, and include the following: Plaintiff s First Request for Admissions to Defendants; Plaintiff s Request for Disclosure to Defendants; Plaintiff’s First Set of Interrogatories t0 Defendants; and Plaintiff’s First Request for Production t0 Defendants. Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 4 of 48 PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for Plaintiff against Defendants for damages in an amount within the jurisdictional limits 0f the Court; together With pre-judgment interest (from the date of injury through the date 0f judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further relief to which Plaintiff may be entitled at law or in equity. Respectfully submitted, ALMASRI & MARZWANIAN LAW GROUP PLLC By: /s/Hazim Mandavia Sam Almasri Texas Bar N0. 24053071 Email: sam@theamlawgroup.com Hazim Mandavia Texas Bar No. 24096984 Email: hazim@theam1awgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-227 1 Attorneys for Plaintiff Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 5 0f 48 CAUSE NO. LUIS MATA, § IN THE DISTRICT COURT Plaintiff, § § V. § JUDICIAL DISTRICT § LEA BERRY AND § ROGER BERRY, § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT LEA BERRY TO: DEFENDANT, LEA BERRY, 3316 Amherst Avenue, Dallas, Texas 75225, 0r Wherever she may be found. You are notified that Plaintiff demands that within 50 days after the service 0f these requests, Defendant specifically admit or deny the facts requested as set forth herein. A failure to specifically answer any request, 0r an evasive answer t0 any request, Will be taken as an admission 0f truth 0f such request. Respectfully submitted, ALMASRI & MARZWANIAN LAW GROUP PLLC By: /s/Hazim Mandavia Sam Almasri Texas Bar No. 24053071 Email: sam@theamlawgr0up.com Hazim Mandavia Texas Bar No. 24096984 Email: hazim@theamlawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorneys for Plaintiff Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 6 0f 48 DEFINITIONS AND INSTRUCTIONS 1. As used herein, the terms, “you” an “your”, shall refer t0 Defendant, Defendant’s attorneys, agents, and allother natural persons or business or legal entities acting or purporting t0 act for 0r on behalf of Defendant, whether authorized to do so or not. 2. “Person”: The term “person” shall include individuals, associations, partnerships, corporations, and any other type of entity or institution whether formed for business purposes 0r any other purposes. 3. “Settlement”, as used herein, means: (a) an oral 0r written, disclosed 0r undisclosed agreement, bargain, contract, settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit arrangement, contingent settlement, limitation 0n the amount 0f liability 0r judgment, 0r a promise by or between plaintiff and any defendant 0r between any defendant herein whereby plaintiff 0r defendant have in any way released or compromised, in whole or in part, directly or indirectly, 0r agreed to d0 so in the future, any of the matters in controversy in this lawsuit whether before, after or during trial 0r before 0r after any jury verdict is returned herein 0r a judgment is entered 0r rendered herein; (b) any resolution 0f the differences between the Defendant and Plaintiff by loan to the Defendant 0r any other device which is repayable in Whole 0r in part out 0f any judgment the Defendant may recover against defendant; (c) “Mary Carter Agreements” as that term is used under Texas Law. 4. Unless a specific date 0r dates is set forth in any specific question herein, you are directed that each question shall be answered for the period of time up to and including the present date. Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 7 0f 48 REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1: Admit 0r deny that you did not maintain a proper lookout at the time 0f the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 2: Admit or deny that you failed to take action t0 avoid the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 3: Admit 0r deny that n0 other entity contributed t0 the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 4: Admit or deny that you were under care of a physician at the time 0f the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 5: Admit or deny that at thetime ofthe collision made the basis of this lawsuit you did not have a valid Texas Drivers’ License. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 6: Admit or deny that you consumed drugs, medicines, or alcoholic beverages within twenty-four (24) hours prior to said occurrence. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 7: Admit 0r deny that you were driving above the speed limit just prior to impact with Plaintiff” s vehicle. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 8: Admit 0r deny that you failed t0 follow all traffic laws during the moments prior t0 impact with Plaintiff” s vehicle. ADMIT OR DENY: Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 8 0f 48 REQUEST FOR ADMISSION NO. 9: Admit or deny that you had failed t0 perform reasonable maintenance on your vehicle to assure itsability to operate in safe manner prior t0 collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 10: Admit 0r deny that your actions contributed t0 the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 11: Admit or deny that you have ever had your drivers’ license revoked for any reason. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 12: Admit 0r deny that you have received a traffic citation in the past five years. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 13: Admit 0r deny that you received a traffic citation in relation t0 the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 14: Admit 0r deny that you have been in more than one motor vehicle accident in the past five years. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 15: Admit 0r deny that you were distracted just prior t0 the impact in relation to the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 16: Admit 0r deny that you saw Plaintiff’s vehicle prior t0 the impact in relation to collision made the basis of this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 17: Admit 0r deny that you wore corrective lenses for any purpose in 2017. ADMIT OR DENY: Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 9 0f 48 REQUEST FOR ADMISSION NO. 18: Admit or deny that you were taking any medication in the 24 hour period prior to the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 19: Admit 0r deny that you were 0n your cell phone at any time within the 10 minutes preceding the impact in relation to the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 20: Admit or deny that you have been involved in more than one motor vehicle collision in the past ten years. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 21: Admit or deny that you received a traffic citation in the ten years prior to the collision made the basis of this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 22: Admit 0r deny that your drivers’ license had been revoked during any period 0f time prior t0 the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 23: Admit 0r deny that you owned the vehicle involved in the collision made the basis of this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 24: Admit 0r deny that you did not have a valid drivers’ license at the time of the collision made the basis of this lawsuit. ADMIT OR DENY: Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 10 0f 48 CAUSE NO. LUIS MATA, § IN THE DISTRICT COURT Plaintiff, § § V. § JUDICIAL DISTRICT § LEA BERRY AND § ROGER BERRY, § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT ROGER BERRY TO: DEFENDANT, ROGER BERRY, 33 16 Amherst Avenue, Dallas, Texas 75225, 0r Wherever he may be found. You are notified that Plaintiff demands that within 50 days after the service 0f these requests, Defendant specifically admit or deny the facts requested as set forth herein. A failure to specifically answer any request, 0r an evasive answer t0 any request, Will be taken as an admission 0f truth 0f such request. Respectfully submitted, ALMASRI & MARZWANIAN LAW GROUP PLLC By: /s/Hazim Mandavia Sam Almasri Texas Bar No. 24053071 Email: sam@theamlawgroup.com Hazim Mandavia Texas Bar No. 24096984 Email: hazim@theamlawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorneys for Plaintiff Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 11 0f 48 DEFINITIONS AND INSTRUCTIONS 2. As used herein, the terms, “you” an “your”, shall refer t0 Defendant, Defendant’s attorneys, agents, and allother natural persons or business or legal entities acting or purporting t0 act for 0r on behalf of Defendant, whether authorized to do so or not. 2. “Person”: The term “person” shall include individuals, associations, partnerships, corporations, and any other type of entity or institution whether formed for business purposes 0r any other purposes. 3. “Settlement”, as used herein, means: (a) an oral 0r written, disclosed or undisclosed agreement, bargain, contract, settlement, partial settlement, limited settlement, arrangement, deal, understanding, loan arrangement, credit arrangement, contingent settlement, limitation 0n the amount 0f liability or judgment, 0r a promise by or between plaintiff and any defendant 0r between any defendant herein whereby plaintiff or defendant have in any way released or compromised, in whole or in part, directly or indirectly, 0r agreed to do so in the future, any of the matters in controversy in this lawsuit whether before, after 0r during trial 0r before 0r after any jury verdict is returned herein 0r a judgment is entered 0r rendered herein; (b) any resolution 0f the differences between the Defendant and Plaintiff by loan to the Defendant 0r any other device which is repayable in Whole 0r in part out 0f any judgment the Defendant may recover against defendant; (c) “Mary Carter Agreements” as that term is used under Texas Law. 4. Unless a specific date 0r dates is set forth in any specific question herein, you are directed that each question shall be answered for the period of time up to and including the present date. Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 12 0f 48 REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1: Admit or deny that you knew that Defendant Lea Berry had been involved in a motor vehicle collision in the ten years prior to the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 2: Admit or deny that you knew that Defendant Lea Berry received a traffic citation in the ten years prior to the collision made the basis of this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 3: Admit 0r deny that you knew Defendant Lea Berry’s drivers’ license had been revoked during any period of time prior to the collision made the basis of this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 4: Admit 0r deny that you owned the vehicle involved in the collision made the basis 0f this lawsuit. ADMIT OR DENY: REQUEST FOR ADMISSION NO. 5: Admit or deny that you knew Defendant Lea Berry did not have a valid drivers’ license at the time 0f the collision made the basis 0f this lawsuit. ADMIT OR DENY: Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 13 0f 48 CAUSE NO. LUIS MATA, § IN THE DISTRICT COURT Plaintiff, § § V. § JUDICIAL DISTRICT § LEA BERRY AND § ROGER BERRY, § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S REQUEST FOR DISCLOSURE TO DEFENDANTS TO: DEFENDANTS, LEA BERRY and ROGER BERRY, 33 16 Amherst Avenue, Dallas, Texas 75225, 0r Wherever they may be found. Pursuant t0 Rule 194 0f the Texas Rules of Civil Procedure, you are requested to disclose, Within 50 days 0f service 0f this request, the information 0r material as set forth herein. A response t0 a request under Rule 194.2(f) is due according to Rule 195.2 of the Texas Rules 0f Civil Procedure. The disclosures must be signed in accordance with Texas Rules of Civil Procedure, Rule 19 1 .3, and delivered t0 the undersigned attorney. If you fail t0 comply with the requirements above, the Court may order sanctions against you in accordance with the Texas Rules of Civil Procedure. Respectfully submitted, ALMASRI & MARZWANIAN LAW GROUP PLLC By: /s/Hazim Mandavia Sam Almasri Texas Bar N0. 24053071 Email: sam@theamlawgr0up.com Hazim Mandavia Texas Bar No. 24096984 Email: hazim@theamlawgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227-2271 Attorneys for Plaintiffs REQUESTS FOR DISCLOSURE Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 14 0f 48 REQUEST FOR DISCLOSURE R.194.2(a).: State the correct names of the parties to the lawsuit. RESPONSE: REQUEST FOR DISCLOSURE R.194.2(b).: State the name, address, and telephone number 0f any potential parties. RESPONSE: REQUEST FOR DISCLOSURE R.194.2(c).: State the legal theories and, in general, the factual bases for your claims or defenses. RESPONSE: REQUEST FOR DISCLOSURE R.194.2(d).: State the amount and any method of calculating economic damages. RESPONSE: REQUEST FOR DISCLOSURE R.194.2(e).: State the name, address, and telephone number of persons having knowledge 0f relevant facts, and a brief statement 0f each identified person's connection With the case. RESPONSE: REQUEST FOR DISCLOSURE R.194.2(f).: For any testifying expert, state: 1. the expert's name, address, and telephone number; 2. the subj ect matter on Which the expert Will testify; 3. the general substance 0f the expert's mental impressions and a brief summary of the basis for them, or if the expert isnot retained by, employed by, or otherwise subject to your control, documents reflecting such information; 4. if the expert is retained by, employed by, or otherwise subject t0 your control: A) produce all documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by 0r for the expert in anticipation 0f the expert's testimony; and B) produce the expert's current resume and bibliography. RESPONSE: Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 15 0f 48 REQUEST FOR DISCLOSURE R.194.2(2).: Produce any indemnity and insuring agreements as described in Rule 192.3(f). RESPONSE: REQUEST FOR DISCLOSURE R.194.2(h).: Produce any settlement agreements as described in Rule 192.3(g). RESPONSE: REQUEST FOR DISCLOSURE R.194.2(i).: Produce any Witness statements as described in Rule 192.3(h). RESPONSE: REQUEST FOR DISCLOSURE R.194.2(i).: If this is a suit alleging physical or mental injury and damages from the occurrence that is the subj ect 0f the case, produce all medical records and bills that are reasonably related t0 the injuries 0r damages asserted 0r, in lieu thereof, an authorization permitting the disclosure 0f such medical records and bills. RESPONSE: REQUEST FOR DISCLOSURE R.194.2(k).: Produce all medical records and bills obtained by the responding party by Virtue 0f an authorization furnished by the requesting party. RESPONSE: REQUEST FOR DISCLOSURE 194.2(1).: Produce the name, address, and telephone number 0f any person who may be designated as a responsible third party. RESPONSE: CAUSE NO. Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 16 0f 48 LUIS MATA, § IN THE DISTRICT COURT Plaintiff, § § V. § JUDICIAL DISTRICT § LEA BERRY AND § ROGER BERRY, § Defendants. § DALLAS COUNTY, TEXAS PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT LEA BERRY TO: DEFENDANT, LEA BERRY, 3316 Amherst Avenue, Dallas, Texas 75225 or Wherever she may be found. You are hereby instructed to answer the following interrogatories separately, fully, in writing, and under oath if required by Rule 197.2(d) 0f the Texas Rules of Civil Procedure. The answers shall be served upon the undersigned counsel Within 50 days after the service 0f these interrogatories. Your failure to make timely answers 0r objections may subject you t0 sanctions as provided in Rule 221 of the Texas Rules 0f Civil Procedure. Respectfully submitted, ALMASRI & MARZWANIAN LAW GROUP PLLC By: /s/Hazim Mandavia Sam Almasri Texas Bar N0. 24053071 Email: sam@theamlawgr0up.com Hazim Mandavia Texas Bar No. 24096984 Email: hazim@theam1awgroup.com 9330 LBJ Freeway, Suite 120 Dallas, Texas 75243 Tel. (214) 227-2777 Fax. (214) 227—227 1 Attorneys for Plaintiff DEFINITIONS AND INSTRUCTIONS Plaintiff’s Original Petition, Jury Demand, Rule 193.7 Notice and Discovery Request t0 Defendant Page 17 0f 48 1. As used herein, the terms "you" and "your" shall refer to Defendant, Defendant’s attorneys, agents, and all other natural persons or business 0r legal entities acting 0r purporting t0 act for or on behalf 0f Defendant, Whether authorized t0 d0 s0 0r not. 2. As used herein, the term "documents" shall mean all writings of every kind, source and authorship, both originals and allnonidentical copies thereof, in your possession, custody, or control, or known by you t0 exist, irrespective of Whether the writing is one intended for 0r transmitted internally by you, or intended for 0r transmitted t0 any other person 0r entity, including Without limitation any government agency, department, administrative, or private entity 0r person. The term shall include handwritten, typewritten, printed, photocopied, photographic, or recorded matter. It shall include communications in words, symbols, pictures, sound recordings, films, tapes, and information stored in, 0r accessible through, computer 0r other information storage 0r retrieval systems, together With the codes and/or programming instructions and other materials necessary to understand and use such systems. For purposes of illustration and not limitation, the term shall include: affidavits; agendas; agreements; analyses; announcements; bills, statements, and other records 0f obligations and expenditures; books; brochures; bulletins; calendars; canceled checks, vouchers, receipts and other records 0f payments; charts or drawings; check registers; Checkbooks; circulars; collateral files and contents; contracts; corporate bylaws; corporate charters; correspondence; credit files and contents; deeds 0f trust; deposit slips; diaries; drafts; files; guaranty agreements; instructions; invoices; ledgers, journals, balance sheets, profit and loss statements, and other sources 0f financial data; letters; logs, notes, 0r memoranda 0f telephonic 0r face-to-face conversations; manuals; memoranda 0f all kinds, t0 and from any persons, agencies, or entities; minutes; minute books; notes; notices; parts lists; papers; press releases; printed matter (including books, articles, speeches, and newspaper clippings); purchase orders; records; records 0f administrative, technical, and financial actions taken or recommended; reports; safety deposit boxes and contents and records of entry; schedules; security agreements; specificatio