Preview
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
3096220.001 / TH3
CAUSE NUMBER: CL-21-1142-B
State Farm Mutual Automobile Insurance
Company
Plaintiff, HIDALGO COUNTY COURT AT LAW NO
2
v.
Hidalgo County, Texas
Adrian Ramirez, ef a/.
Defendants
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and
(hereinafter referred to as "Plaintiff") file this Motion for Summary Judgment in the above-styled and
numbered cause and would show the Court the following:
A. INTRODUCTION
Plaintiff sued Defendant ADRIAN RAMIREZ (hereinafter referred to as Defendant) for
damages resulting from an automobile accident.
Defendant has filed an answer.
Plaintiff files this motion for summary judgment based on Plaintiff's evidence that proves he
is entitled to judgment as a matter of law.
Plaintiff filed and served this motion on Defendant at least twenty-one (21) days before the
hearing on the motion.
B. ARGUMENT & AUTHORITIES
When a plaintiff moves for summary judgment on his cause of action, he is entitled to
summary judgment if he proves all essential elements of his claim as a matter of law. MMP,
Lid. v. Jones, 710 S.W.2d 59, 60 (Tex. 1986). Plaintiff must show there are no genuine issues
TX MSJ on Business R.Doc-20220131
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
of material fact. TEX. R. Civ. P. 166a(a); Lear Siegler, Inc. v. Perez, 819 S.W.2d 470, 471 (Tex.
1991).
6. Plaintiff is entitled to summary judgment because Plaintiff's summary judgment evidence
proves he is entitled to judgment as a matter of law. Further, there are no fact issues in this
case. The court may decide this case on the summary judgment evidence included in the
appendix to this motion.
Defendant has not pled any counterclaim that precludes a final summary judgment.
Pursuant to Texas Insurance Code §542.302, Plaintiff, an insurer which has brought this suit
against Defendant, who is uninsured, is entitled to recover, in addition to the amounts plead
herein, reasonable attorney's fees, which, in this case, amount to $750.00.
Pursuant to Tex. Civ. Prac. & Rem. Code § 16.003(a), suit was timely filed within the
recognized two-year statute of limitations. Evidence thereof can be seen in the original
Petition attached in the appendix to this motion.
10. Plaintiff includes the summary judgment evidence in an appendix attached to and filed with
this motion and incorporates the evidence by reference.
11 This motion for summary judgment depends upon the following proof:
a. Petition. Attached as Exhibit "A" is a copy of the Petition served on Defendant which
establish the following facts:
1 On or about July 19, 2019, a vehicle owned by Plaintiffs insured Braulio Vargas, was
damaged in the collision with a vehicle operated by Defendant Adrian Ramirez.
Defendant Adrian Ramirez was negligent in the above described operation of the
vehicle in wrongfully and/or negligently failing to maintain the speed of the motor
vehicle operated by Defendant Adrian Ramirez.
Defendant Adrian Ramirez's negligence was the sole direct and proximate cause of the
above described collision and the damages which resulted.
The collision caused a loss in fair market value of Plaintiffs insured Braulio Vargas’s
vehicle in Hidalgo County, the county where the collision occurred, of $13,358.02.
The reasonable and necessary cost to repair the damage to Plaintiff's insured’s vehicle
in Hidalgo County, the county where the collision occurred, was $13,358.02.
TX MSJ on Business R.Doc-20220131
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
6 At the time of the collision, Plaintiff insured’s vehicle and Braulio Vargas were covered
under a policy of auto insurance issued by Plaintiff.
After the collision and pursuant to its policy of auto insurance, Plaintiff paid to or on
behalf of its insured $28,912.38 in damages sustained in said collision.
b Affidavits. The affidavit attached hereto as Exhibit “B” is incorporated by reference as
if set out in full establishes the amount of damages sustained by Plaintiff in this case, both
to the insured’s vehicle and for medical treatment of the insured.
Police Report. The Police Report attached hereto as Exhibit “C” is incorporated by
reference as if set out in full establishes the Defendant’s negligence in failing to control his
speed, which was the proximate cause of the damages sustained by Plaintiff.
C. CONCLUSION
13. Plaintiff is entitled to summary judgment on all its claims asserted in its petition because as a
matter of law all elements of Plaintiffs cause of action are deemed admitted.
D. PRAYER
11 For these reasons, Plaintiff asks the court to grant this motion and enter a final summary
judgment.
Respectfully submitted,
RATHBONE GROUP, LLC
/s/Smaranda Draghia
Jessica R. Lobes / SBN 24083405
Jared B. Hall / SBN: 24055615
Jehaan “Gigi” Mattar / SBN: 24092774
Smaranda Draghia / SBN: 24102962
5930 Royal Lane, Ste E #515
Dallas, TX 75230-3896
800-870-5521
216-298-4495 [fax]
JLobes@Rathbonegroup.com
JHall@Rathbonegroup.com
GMattar@Rathbonegroup.com
TX MSJ on Business R.Doc-20220131
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
SDraghia@Rathbonegroup.com
Attorneys for Plaintiff
RG File 3096220.001 / TH3
CERTIFICATE OF SERVICE
The undersigned certifies compliance with Rule 21 and Rule 21(a), Texas Rules of Civil Procedure on
February 3, 2022.
/s/Smaranda Draghia
Attorney for Plaintiff
TX MSJ on Business R.Doc-20220131
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
3096220.001 / TH3
CAUSE NUMBER: CL-21-1142-B
State Farm Mutual Automobile Insurance
Company
Plaintiff, HIDALGO COUNTY COURT AT LAW NO
2
v.
Hidalgo County, Texas
Adrian Ramirez, ef a/.
Defendants
DECLARATION
My name is Smaranda Draghia. I am over the age of 21, have personal knowledge of the facts
contained herein, and I am of sound mind and capable of making this declaration. I am the attorney
in charge of this file for Plaintiff. I have prepared and read the attached Motion for Summary
Judgment and all facts are true and correct. Specifically, the following facts are known:
Plaintiff STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY sued
Defendant ADRIAN RAMIREZ for damages and injuries as a result of an automobile
accident;
Plaintiff served Defendant with Plaintiff's Original Petition on APRIL 6, 2021.
Defendant ADRIAN RAMIREZ filed an answer.
Plaintiff files this motion for summary judgment based on Plaintiff's evidence that proves he
is entitled to judgment as a matter of law."
My name is Smaranda Draghia, my date of birth is February 21, 1990, and my address is 5930 Royal
Lane, Ste E #515, Dallas, TX 75230-3896, USA. I declare under penalty of perjury that the foregoing
is true and correct.
Executed in Bexar County, State of Texas, on the 2nd day of February, 2022.
/s/Smaranda ia
Smaranda Draghia
TX MSJ on Business R.Doc-20220131
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
3096220.001 / TH3
CAUSE NUMBER: CL-21-1142-B
State Farm Mutual Automobile Insurance
Company
Plaintiff, HIDALGO COUNTY COURT AT LAW NO
2
v.
Hidalgo County, Texas
Adrian Ramirez, ef a/.
Defendants
DECLARATION IN SUPPORT OF ATTORNEY FEES
My name is Smaranda Draghia. I am capable of making this affidavit. I am over the age of
21 and I am of sound mind. I am the attorney in charge of this case for the Plaintiff. I have
prepared and submitted the attached Motion for Summary Judgment. The facts stated within this
affidavit filed in support of the default judgment are within my personal knowledge and are true and
correct. The following facts are known to me:
a. Plaintiff, State Farm Mutual Automobile Insurance Company, sued Defendant
Adrian Ramirez for damages arising from an automobile accident;
b Defendant was served on April 6, 2021 with Plaintiff's Petition.
I, and other attorneys employed by Plaintiff's counsel's firm, have spent in excess of
3.0 hours in preparing and filing the petition and summons, following for serivce of
process, preparing discovery, and preparing this motion.
Tam of the opinion that a fee award of $250.00 per hour, for a total award of at least
$750.00 is entirely reasonable in light of the novelty and difficulty of the questions of
law involved, the skill requisite to properly perform the legal services called for
herein, the fee customarily charged in this locality for similar services, the amounts
involved, and the experience, reputation, and ability of me and the other attorneys at
my firm who have performed the services referenced above.
My name is Smaranda Draghia, my date of birth is February 21, 1990, and my address is 5930 Royal
Lane, Ste E #515, Dallas, TX 75230-3896, USA. I declare under penalty of perjury that the foregoing
is true and correct.
Executed in Bexar County, State of Texas, on the 2nd day of February, 2022.
/s/Smaranda Draghia
Smaranda Draghia
TX MSJ on Business R.Doc-20220131
E lectronical ly Submitted
22 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
§ 542.302, Recovery in Suit or Other Action, TX INS § 542,302
Vernon's Texas Statutes and Codes Annotated
Insurance Code
Title 5. Protection of Consumer Interests (Refs & Annos)
SubtitleC. Deceptive, Unfair, and Prohibited Practices
Chapter 542. Processing and Settlement of Claims
Subchapter G. Insurer's Recovery from Uninsured Third Party (Refs & Annos)
V.T.C.A., Insurance Code § 542.302
§ 542.302. Recovery in Suit or Other Action
Effective: September 1, 2007
Currentness
An insurer that brings suit or takes other action described by Section 542.202 against a responsible third party relating
toa loss that is covered under a private passenger automobile insurance policy issued by the insurer and for which the
responsible third party is uninsured is entitled to recover, in addition to payments made by the insurer or insured, the
costs of bringing the suit or taking the action, including reasonable attorney's fees and court costs.
Credits
Added by Acts 2005, 79th Leg., ch. 1074,§ 1, eff. Sept. 1, 2007. Redesignated from V.A-T.S. Insurance Code, art.
21.79H(b) and amended by Acts 2007, 80th Leg., ch. 730, § 3B.020(a), eff. Sept. 1, 2007; Acts 2007, 80th Leg. ch. 921.
§9.020(a), eff. Sept. 1, 2007,
V.T.C. A., Insurance Code § 542.302, TX INS § 542.302
Current through the end of the 2017 Regular and First Called Sessions of the 85th Legislature
End of Document 2018 Thomson Reuters. No claim to original U.S. Government Works
TX MSJ on Business R.Doc-20220131
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
CAUSE NO.
STATE FARM MUTUAL AUTOMOBILE IN THE HIDALGO COUNTY
COURT AT LAW
INSURANCE COMPANY
Plaintiff,
vs.
HIDALGO COUNTY, TEXAS
ADRIAN RAMIREZ and
CRISELDA HERNANDEZ,
Defendants.
PLAINTIFF’S ORIGINAL PETITION
Plaintiff State Farm Mutual Automobile Insurance Company, a company which was at all times
relevant to this suit authorized to transact the business of auto insurance in the State
of Texas,
complains of Defendants Adrian Ramirez (Defendant No. 1) and Criselda Hemandez (Defendant
No. 2) to this Court as follows:
I
Defendant No. 1, Adrian Ramirez, can be served at residence
located at: 736 E Bluebird Street,
San Juan,
TX 78589.
Defendant No. 2, Criselda Hemandez, can be served at residence
located at: 736
E Bluebird
Street,San Juan, TX 78589.
Plaintiff intendsfor discovery to be conducted under Level 1 of the Texas Rules of Civil Procedure.
Plaintiff only seeks monetary relief of less than $250,000.00.
IL.
On or about July 19, 2019, about the area of the 800 block of North Veterans Boulevard and the
1500 block of East Polk Avenue, in the City of Pharr, Texas, a motor vehicle owned by Plaintiffs
insured Braulio Vargas, (hereinafter “Insured”) and/or the occupants of Insured's vehicle were
damaged by a vehicle negligently operated by Defendant No. 1, whose negligence proximately
caused the collision and damages in the amount of $28,912.38. Plaintiff compensated its insured
for the loss, thereby becoming subrogated in the amount of $28,912.38.
At the time of the collision, Defendant No. 2 was the owner of the motor vehicle driven by
Defendant No. 1, and the vehicle was operated with Defendant No. 2's consent and knowledge.
Upon information and belief, Defendant No. 2 wrongfully and/or negligently entrusted her motor
SuitTX-MVA,Doc-20210121
Electronically Submitted
/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
vehicle to an incompetent, reckless, unlicensed and uninsured driver.
Upon information and belief, at the time of the collision, Defendant No. 1 was operating the motor
vehicle within the scope of his employment/agency with Defendant No. 2 and in furtherance of
the duties thereof. Therefore, Defendant No. 2 is vicariously liable for Defendant No. 1’s
negligence.
Pursuant to Texas Transportation Code §601.335, it is requested that the Court, as part
of its
judgment, allow the parties to enter into written installment payment agreements without further
order of the Court.
PRAYER
Plaintiff prays that Defendants
be cited to answer and appear and after final trial, Plaintiff have
judgment against Defendants for a sum of $28,912.38 with prejudgment and post judgment
interest,
cost of suit, reasonable attomey’'s fees pursuant to Texas Insurance Code §542.302, and
other relief which Plaintiff is entitled.
Respectfully submitted,
Rathbone Group, LLC
/s/ John M. Lamerson /s/
Jessica R. Lobes/ SBN 24083405
John M. Lamerson/ SBN: 24076495
JaredB. Hall / SBN: 24055615
5930 Royal Lane, Ste E #515
Dallas, TX 75230-3896
800-870-5521
216-298-4495 [fax]
JLobes@Rathbonegroup.com.
JLamerson@Rathbonegroup.com
JHall@Rathbonegroup.com
RG File No. 3096220.001/RLK
DEFENDANTS, YOU MUST DELIVER THIS IMMEDIATELY TO YOUR INSURER OR
THE INSURANCE COMPANY INSURING THE VEHICLE YOU WERE DRIVING. IF
YOU ARE NOT REPRESENTED BY AN ATTORNEY AND WISH TO DISCUSS
PAYMENT OF THE DAMAGES, CALL 1-800-870-5521, EXT: 3777
SuitTX-MVA,Doc-20210121
1154396 Elec i by ted
Harris County - County Civil Court at Law No. 2 i lerk
RG File No.: 3067773 Accepted by: Reyna Oe g.Reiza
CAUSE NUMBER: 1154396
GEICO COUNTY MUTUAL INTHE COUNTY COURT
INSURANCE COMPANY
Plaintiff
AT LAWNO.
TWO Q)
MARIA G. BARRIENTOSand
RICARDO BARRIENTOS, SR.
Defendants. HARRIS COUNTY, TEXAS
NOTICE OF FILING TEX. R. EVID. 902(10) AFFIDAVIT
TO Defendant, Maria G. Barrientos, by and through Rubin Flores, II, Esq., Attomey of
Record, at Law Office of Rubin Flomes, II, PLLC, 5959 West Loop South, Suite 455,
Bdllaire, TX 77401, E-Mail: rubinflores@yahoo.com.
YOU WILL TAKE NOTICE that Plaintiff has filed the Tex. R. Evid. 902(10) [Business
Record] Affidavit together with the attached Business Records.
Respectfully submitted,
RATHBONE GROUP, LLC
s/ Jared B. Hall
Jessica R. Lobes/ SBN 24083405
John M. Lamerson/ SBN: 24076495
Jared B. Hall / SBN: 24055615
5930 Royal Lane, Ste E #515
Dallas, TX 75230-3896
800-870-5521
216-298-4495 [fax]
JLobes@Rathbonegroup.com.
JLamerson@Rathbonegroup.com
JHall@Rathbonegroup.com
ATTORNEYS FOR PLAINTIFF
‘TX Bus Records Ntc.Doc-20190712
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
RG File No.: 3067773 Accepted by: Reyna De La Garza
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing document has been served.
upon all parties herein pursuant to Tex. R. Civ. P. 21 & 21a.
s/ Jared B. Hall
Attomey for Plaintiff
‘TX Bus Records Ntc.Doc-20190712
Electronically Submitted
2/3/2022 8:33 AM
RG File No.: 3067773 Hidalgo County Clerk
Accepted by: Reyna De La Garza
CAUSE NUMBER: 1154396
GEICO County Mutual Insurance
Company
Plaintiff,
v.
Maria G. Barrientos, and
Ricardo Barrientos, Sr.
Defendants
TEX. R. EVID. 902(10) [BUSINESS RECORD] AFFIDAVIT
STATE OF §
8
COUNTY OF. prlas 8
this day personally appeared
K
BEFORE ME, the undersigned authority, on
‘ Vi JD. ay A V7" ], who, being by me duly sworn upon his/her oath did depose and
say:
1 I am an employee of GEICO County Mutual Insurance Company and am familiar with
the manner in which its records are created and maintained by virtue of my duties and
responsibilities.
Attached are the original records or exact duplicates of the original records.
It is the regular practice of GEICO County Mutual Insurance Company to make this type
of record at or near the time of each act, event, condition, opinion, or diagnosis set forth
in the record.
It is the regular practice of GEICO County Mutual Insurance Company for this type of
record to be made by, or from information transmitted by, persons with knowledge of the
matters set forth in them.
TX Bus Records Aff. Doc-20200616
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
RG File No.: 3067773 Accepted by: Reyna De La Garza
It is the regular practice of GEICO County Mutual Insurance Company to keep this type
of record in the course of regularly conducted business activity.
It is the regular practice of the business activity to make the records.
The following is a computation of Plaintiff’s damages in the within matter:
Property $5,820.88
Medical $9,706.00
Deductible $250.00
Total $15,776.88
8. The amount set forth in paragraph 7 above, and charged to Plaintiff was reasonable at the
time and place that the service(s) was/were provided and that the service(s) was/were
necessary.
Further Affiant Sayeth Naught:
JAS WO
Affiant
XX a ‘ou SV)
(Printed Name of Affiant)
SWORN TO AND SUBSCRIBED BEFORE ME on this @ day of
Pugs a9 26
vv
Notary Public in and for the State of YH
My commission expires: a i aa
ea TRine
ui, e} My Notary
1D # 131620296
Expires December 17,
(nx VARS
TX Bus Records Aff.Doc-20200616
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
RG File No.: 3067773 Accepted by: Reyna De La Garza
Notary’s Printed Name
Insurer Reference Number: 0185573480101107
TX Bus Records Aff:Doc-20200616
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
Payment Records
MTN.TX.01.02092017
Electronically Submitted
Claim Number 0185573480101107 2/3/2022 8:33 AM
Pay To The OrderOf RHONDAJ ACKSON Hidalgo County Clerk
Accepted by: Reyna De La Garza
Financials
Gross Amount $5,820.88
Net Amount $5,820.88
Backup Withholding $0.00
Payment Identification
Issued Date o1yosy2019
Mail To Name BARBARA J EAN SELMON
Mail To Address ee
Memo UNINSURED MOTORIST COVERAGE
TOTAL LOSS RETENTION PMT.
Payment Type Manual check
Check Number 621669783
Related Documents
Document Name
Reserve Line Allocation
Exposure Reserve Line Cost Type Amount
BarbaraJ ean Selon - UM PD (1986 NISSAN) Uninsured Motorist - PD Loss $5,820.88,
Electronically Submitted
Claim Number 0185573480101107 2/3/2022 8:33 AM
Pay To The OrderOf James Edward Selmon Ill and Hidalgo County Clerk
BarbaraJ ean Selmon, a married couple Accepted by: Reyna De La Garza
Financials
Gross Amount $7,386.00
Net Amount $7,386.00
Backup Withholding $0.00
Payment Identification
Issued Date oya7j2019
Mail To Name James Edward Selmon il
Mail To Address a
Memo Uninsured Motorist Coverage
Full & Final settlement of
any all claims including
liens known & unknown
Payment Type System Check
Check Number 202682797
Related Documents
Document Name
15477469855600185573480101107_210 J 633.emi
oya72019
Reserve Line Allocation
Exposure Reserve Line Cost Type Amount
James Edward Selmon ill - UM BI Uninsured Motorist- BI Loss $7,386.00
Electronically Submitted
Claim Number 0185573480101107 2/3/2022 8:33 AM
Pay To The OrderOf James Edward Selmon Hidalgo County Clerk
Accepted by: Reyna De La Garza
Financials
Gross Amount $2,240.00,
Net Amount $2,240.00,
Backup Withholding $0.00
Payment Identification
Issued Date o1ig2019
Mail To Name James Edward Selmon
Mail To Address — EE
Memo Personal injury Protection
Dates of Work Missed:
1201 2018-12112/2018
Payment Type ePay Payment
Check Number 00373490
Related Documents
Document Name
12/11/2018-12/12/2018,2800.00
12/11/2018-12/12/2018,2800.00
Reserve Line Allocation
Exposure Reserve Line Cost Type Amount
James Edward Selmon ill - PIP Basic Pip- Income Loss Loss $2,240.00
Electronically Submitted
Claim Number 0185573480101107 2/3/2022 8:33 AM
Pay To The OrderOf James Edward Selmon Itt Hidalgo County Clerk
Accepted by: Reyna De La Garza
Financials
Gross Amount $80.00
Net Amount $80.00
Backup Withholding $0.00
Payment Identification
Issued Date 0122/2019
Mail To Name James Edward Selmon itl
Mail To Address
Memo Personal Injury Protection
Dos: 01/1472019-01/14/2019
Payment Type System Check
Check Number 202783827
Related Documents
Document Name
01/14/2019,580.00
Reserve Line Allocation
Exposure Reserve Line Cost Type Amount
James Edward Selmon ill - PIP Basic Pip- Medical Expenses Loss $80.00
Electronically Submitted
2/3/2022 8:33 AM
Hidalgo County Clerk
Accepted by: Reyna De La Garza
Property Damage
MTN.TX.01.02092017
Electronically Submitted
2/3/2022 8:33 AM
GEICO Hidalgo County Clerk
Houston
Accepted by: Reyna De La Garza
For supplement requests copy the link below
partners.geico.com/gvbps/Logon.aspx
21420 Merchants Way
Katy, TX 77449
Phone: (346) 302-4766 Claim #: 0185573480101107-01
Fax: (866) 229-2014 Workfile ID: d49136a
Estimate of Record
Written By: CORY LACY, 12/22/2018 10:53:24 AM
Adjuster: Lacy, Cory
Insured: Barbara Selmon Owner Policy #: 4338861000 Claim #: 0185573480101107-01
Type of Loss: Other Date of Loss: 12/10/2018 01:45 PM Days to Repair: 5
Point of Impact: 06 Rear Deductible: 250.00
Owner (Insured): Inspection Location: Appraiser Information: Repair Fac
Barbara Selmon residence CLacy@GEICO.com TOTAL LOSS
residence (346) 302-4766
Evening a
Field
(202) 399-7021 Day
VEHICLE
1986 NISS 300ZX 2D CPE 6-3.0L Gasoline FI Red
VIN: a Production Date: 04/1986 Interior Color: Black
License: iz Odometer: 135686 Exterior Color: Red
State: ™ Condition: Good
TRANSMISSION INSTRUMENT PANEL T-TOPS/PANEL BUCKET SEATS
5 SPEED TRANSMISSION ALARM PAINT RECLINING/LOUNGE SEATS
OVERDRIVE AIR CONDITIONING CLEARCOAT PAINT DECOR
DRIVER CONVENIENCE REAR DEFOGGER FRONT END BODY SIDE MOLDINGS.
POWER DRIVER SEAT RADIO POWER STEERING REAR END
POWER WINDOWS AM RADIO POWER BRAKES. REAR WINDOW WIPER:
POWER LOCKS FM RADIO GLASS & MIRRORS REAR SPOILER
CRUISE CONTROL STEREO DUAL MIRRORS WHEELS
INTERMITTENT WIPERS SEARCH/SEEK AFTERMARKET FILM TINT 4-WHEEL DISC BRAKES
TILT WHEEL CASSETTE SEATS ALUMINUM/ALLOY WHEELS
CONSOLE/STORAGE ROOF CLOTH SEATS
12/22/2018 10:53:24 AM 135808 | 1.7.04.10120 Page 1
Electronically Submitted
Claim #: oisss734spige{ age 2 8:33 AM
unty Clerk
Workfile ID: Accepted by: Re! ‘B@La Garza
Estimate of Record
1986 NISS 300ZX 2D CPE 6-3.0L Gasoline FI Red
Line Oper Description Qty Extended Labor Paint
Price $
‘Subl Flex Additive 5.00
Restore Corrosion Protection 10.00 T 0.2
Car Cover 5.00
Seam Sealer 12.00 T
PULL & SQUARE REAR END 1 2.0
Repl BLAUDPUNKT CASSETTE RADIO. 1 150.00 0.5
NOTE: Radio ejected from console during collision & no longer working
REAR BUMPER
O/H rear bumper 1.8
Repl Bumper cover 718.25 Incl. 2.5
10 Add for Clear Coat 1.0
11 Repl Reinforcement 43.67 Incl.
12 Repl Bar 405.44 Incl.
13 REAR LAMPS
14 Repl RT Combo lamp assy w/o turbo 349.65 Incl.
15 Repl LT Combo lamp assy w/o turbo 350.02 Incl.
16 Repl Cover w/o turbo 148.60
17 LIFT GATE
18 R&I R&d liftgate assy 0.4
19 Rpr Lift gate w/wiper, spoiler & antenna 1.0 15
NOTE: Dent in ctr
Blend Within Panel
20 Add for Clear Coat 0.6
21 REAR BODY & FLOOR
22 Repl Rear body panel 1 699.42 6.8 1.5
23 Overlap Major Adj. Panel -0.4
24 Add for Clear Coat 0.2
25 Deduct for Rear Bumper R&d 0.8
26 Repl Reinforcement 1 254.00 3.5 1.0
27 Overlap Major Adj. Panel -0.4
28 Add for Clear Coat 0.1
29 Repl Finish panel 1 323.56
30 QUARTER PANEL
31 * Rpr RT Quarter panel (GAL) 6.0 2.0
NOTE: After pull
Blend Within Panel
32 Overlap Major Adj. Panel -0.4
33 Add for Clear Coat 0.3
34 R&I RT Quarter glass Nissan tinted 15
35 Rpr LT Quarter panel (GAL) 6.0 2.0
NOTE: After pull
12/22/2018 10:53:24 AM 135808 | 1.7.04.10120 Page 2
Electronically Submitted
Claim #: oisss734spige{ age 2 8:33 AM
unty Clerk
Workfile ID: Accepted by: Re! ‘B@La Garza
Estimate of Record
1986 NISS 300ZX 2D CPE 6-3.0L Gasoline FI Red
Blend Within Panel
36 Overlap Major Adj. Panel -0.4
37 Add for Clear Coat 0.3
38 R&I LT Quarter glass Nissan tinted 15
39 DOOR
40 Bind RT Door shell (GAL) 1.3
41 Rpr LT Door shell (GAL) 0.5
NOTE: Blend frm Qtr panel
42 Overlap Major Adj. Panel 0.4
43 Add for Clear Coat 0.2
44 PILLARS, ROCKER & FLOOR
45 * Rpr LT Rocker molding 3.0 1.0
NOTE: Crack frm collision
Partial Paint
46 STEERING WHEEL
47 * R&I Horn pad GLL 0.5
NOTE: Insp for dmg
Came off during collision
48 FRONT BUMPER
49 O/H bumper assy 3.5
50 Rpr Bumper cover w/o turbo 4.0 18
NOTE: Ctr to Rt side
Partial Paint
51 Add for Clear Coat 0.7
52 OTHER CHARGES
53 # E.P.C. 2.50
SUBTOTALS 3,477.11 41.9 17.5
NOTES
Prior Damage Notes:
Clean;
Some weathering to Plastic ext compnents;
R mirror glass slightly loose;
Slight scuff L T-top glass;
12/22/2018 10:53:24 AM 135808 | 1.7.04.10120 Page 3
Electronically Submitted
Claim #:
Preview
Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza 3096220.001 / TH3 CAUSE NUMBER: CL-21-1142-B State Farm Mutual Automobile Insurance Company Plaintiff, HIDALGO COUNTY COURT AT LAW NO 2 v. Hidalgo County, Texas Adrian Ramirez, ef a/. Defendants PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and (hereinafter referred to as "Plaintiff") file this Motion for Summary Judgment in the above-styled and numbered cause and would show the Court the following: A. INTRODUCTION Plaintiff sued Defendant ADRIAN RAMIREZ (hereinafter referred to as Defendant) for damages resulting from an automobile accident. Defendant has filed an answer. Plaintiff files this motion for summary judgment based on Plaintiff's evidence that proves he is entitled to judgment as a matter of law. Plaintiff filed and served this motion on Defendant at least twenty-one (21) days before the hearing on the motion. B. ARGUMENT & AUTHORITIES When a plaintiff moves for summary judgment on his cause of action, he is entitled to summary judgment if he proves all essential elements of his claim as a matter of law. MMP, Lid. v. Jones, 710 S.W.2d 59, 60 (Tex. 1986). Plaintiff must show there are no genuine issues TX MSJ on Business R.Doc-20220131 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza of material fact. TEX. R. Civ. P. 166a(a); Lear Siegler, Inc. v. Perez, 819 S.W.2d 470, 471 (Tex. 1991). 6. Plaintiff is entitled to summary judgment because Plaintiff's summary judgment evidence proves he is entitled to judgment as a matter of law. Further, there are no fact issues in this case. The court may decide this case on the summary judgment evidence included in the appendix to this motion. Defendant has not pled any counterclaim that precludes a final summary judgment. Pursuant to Texas Insurance Code §542.302, Plaintiff, an insurer which has brought this suit against Defendant, who is uninsured, is entitled to recover, in addition to the amounts plead herein, reasonable attorney's fees, which, in this case, amount to $750.00. Pursuant to Tex. Civ. Prac. & Rem. Code § 16.003(a), suit was timely filed within the recognized two-year statute of limitations. Evidence thereof can be seen in the original Petition attached in the appendix to this motion. 10. Plaintiff includes the summary judgment evidence in an appendix attached to and filed with this motion and incorporates the evidence by reference. 11 This motion for summary judgment depends upon the following proof: a. Petition. Attached as Exhibit "A" is a copy of the Petition served on Defendant which establish the following facts: 1 On or about July 19, 2019, a vehicle owned by Plaintiffs insured Braulio Vargas, was damaged in the collision with a vehicle operated by Defendant Adrian Ramirez. Defendant Adrian Ramirez was negligent in the above described operation of the vehicle in wrongfully and/or negligently failing to maintain the speed of the motor vehicle operated by Defendant Adrian Ramirez. Defendant Adrian Ramirez's negligence was the sole direct and proximate cause of the above described collision and the damages which resulted. The collision caused a loss in fair market value of Plaintiffs insured Braulio Vargas’s vehicle in Hidalgo County, the county where the collision occurred, of $13,358.02. The reasonable and necessary cost to repair the damage to Plaintiff's insured’s vehicle in Hidalgo County, the county where the collision occurred, was $13,358.02. TX MSJ on Business R.Doc-20220131 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza 6 At the time of the collision, Plaintiff insured’s vehicle and Braulio Vargas were covered under a policy of auto insurance issued by Plaintiff. After the collision and pursuant to its policy of auto insurance, Plaintiff paid to or on behalf of its insured $28,912.38 in damages sustained in said collision. b Affidavits. The affidavit attached hereto as Exhibit “B” is incorporated by reference as if set out in full establishes the amount of damages sustained by Plaintiff in this case, both to the insured’s vehicle and for medical treatment of the insured. Police Report. The Police Report attached hereto as Exhibit “C” is incorporated by reference as if set out in full establishes the Defendant’s negligence in failing to control his speed, which was the proximate cause of the damages sustained by Plaintiff. C. CONCLUSION 13. Plaintiff is entitled to summary judgment on all its claims asserted in its petition because as a matter of law all elements of Plaintiffs cause of action are deemed admitted. D. PRAYER 11 For these reasons, Plaintiff asks the court to grant this motion and enter a final summary judgment. Respectfully submitted, RATHBONE GROUP, LLC /s/Smaranda Draghia Jessica R. Lobes / SBN 24083405 Jared B. Hall / SBN: 24055615 Jehaan “Gigi” Mattar / SBN: 24092774 Smaranda Draghia / SBN: 24102962 5930 Royal Lane, Ste E #515 Dallas, TX 75230-3896 800-870-5521 216-298-4495 [fax] JLobes@Rathbonegroup.com JHall@Rathbonegroup.com GMattar@Rathbonegroup.com TX MSJ on Business R.Doc-20220131 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza SDraghia@Rathbonegroup.com Attorneys for Plaintiff RG File 3096220.001 / TH3 CERTIFICATE OF SERVICE The undersigned certifies compliance with Rule 21 and Rule 21(a), Texas Rules of Civil Procedure on February 3, 2022. /s/Smaranda Draghia Attorney for Plaintiff TX MSJ on Business R.Doc-20220131 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza 3096220.001 / TH3 CAUSE NUMBER: CL-21-1142-B State Farm Mutual Automobile Insurance Company Plaintiff, HIDALGO COUNTY COURT AT LAW NO 2 v. Hidalgo County, Texas Adrian Ramirez, ef a/. Defendants DECLARATION My name is Smaranda Draghia. I am over the age of 21, have personal knowledge of the facts contained herein, and I am of sound mind and capable of making this declaration. I am the attorney in charge of this file for Plaintiff. I have prepared and read the attached Motion for Summary Judgment and all facts are true and correct. Specifically, the following facts are known: Plaintiff STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY sued Defendant ADRIAN RAMIREZ for damages and injuries as a result of an automobile accident; Plaintiff served Defendant with Plaintiff's Original Petition on APRIL 6, 2021. Defendant ADRIAN RAMIREZ filed an answer. Plaintiff files this motion for summary judgment based on Plaintiff's evidence that proves he is entitled to judgment as a matter of law." My name is Smaranda Draghia, my date of birth is February 21, 1990, and my address is 5930 Royal Lane, Ste E #515, Dallas, TX 75230-3896, USA. I declare under penalty of perjury that the foregoing is true and correct. Executed in Bexar County, State of Texas, on the 2nd day of February, 2022. /s/Smaranda ia Smaranda Draghia TX MSJ on Business R.Doc-20220131 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza 3096220.001 / TH3 CAUSE NUMBER: CL-21-1142-B State Farm Mutual Automobile Insurance Company Plaintiff, HIDALGO COUNTY COURT AT LAW NO 2 v. Hidalgo County, Texas Adrian Ramirez, ef a/. Defendants DECLARATION IN SUPPORT OF ATTORNEY FEES My name is Smaranda Draghia. I am capable of making this affidavit. I am over the age of 21 and I am of sound mind. I am the attorney in charge of this case for the Plaintiff. I have prepared and submitted the attached Motion for Summary Judgment. The facts stated within this affidavit filed in support of the default judgment are within my personal knowledge and are true and correct. The following facts are known to me: a. Plaintiff, State Farm Mutual Automobile Insurance Company, sued Defendant Adrian Ramirez for damages arising from an automobile accident; b Defendant was served on April 6, 2021 with Plaintiff's Petition. I, and other attorneys employed by Plaintiff's counsel's firm, have spent in excess of 3.0 hours in preparing and filing the petition and summons, following for serivce of process, preparing discovery, and preparing this motion. Tam of the opinion that a fee award of $250.00 per hour, for a total award of at least $750.00 is entirely reasonable in light of the novelty and difficulty of the questions of law involved, the skill requisite to properly perform the legal services called for herein, the fee customarily charged in this locality for similar services, the amounts involved, and the experience, reputation, and ability of me and the other attorneys at my firm who have performed the services referenced above. My name is Smaranda Draghia, my date of birth is February 21, 1990, and my address is 5930 Royal Lane, Ste E #515, Dallas, TX 75230-3896, USA. I declare under penalty of perjury that the foregoing is true and correct. Executed in Bexar County, State of Texas, on the 2nd day of February, 2022. /s/Smaranda Draghia Smaranda Draghia TX MSJ on Business R.Doc-20220131 E lectronical ly Submitted 22 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza § 542.302, Recovery in Suit or Other Action, TX INS § 542,302 Vernon's Texas Statutes and Codes Annotated Insurance Code Title 5. Protection of Consumer Interests (Refs & Annos) SubtitleC. Deceptive, Unfair, and Prohibited Practices Chapter 542. Processing and Settlement of Claims Subchapter G. Insurer's Recovery from Uninsured Third Party (Refs & Annos) V.T.C.A., Insurance Code § 542.302 § 542.302. Recovery in Suit or Other Action Effective: September 1, 2007 Currentness An insurer that brings suit or takes other action described by Section 542.202 against a responsible third party relating toa loss that is covered under a private passenger automobile insurance policy issued by the insurer and for which the responsible third party is uninsured is entitled to recover, in addition to payments made by the insurer or insured, the costs of bringing the suit or taking the action, including reasonable attorney's fees and court costs. Credits Added by Acts 2005, 79th Leg., ch. 1074,§ 1, eff. Sept. 1, 2007. Redesignated from V.A-T.S. Insurance Code, art. 21.79H(b) and amended by Acts 2007, 80th Leg., ch. 730, § 3B.020(a), eff. Sept. 1, 2007; Acts 2007, 80th Leg. ch. 921. §9.020(a), eff. Sept. 1, 2007, V.T.C. A., Insurance Code § 542.302, TX INS § 542.302 Current through the end of the 2017 Regular and First Called Sessions of the 85th Legislature End of Document 2018 Thomson Reuters. No claim to original U.S. Government Works TX MSJ on Business R.Doc-20220131 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza CAUSE NO. STATE FARM MUTUAL AUTOMOBILE IN THE HIDALGO COUNTY COURT AT LAW INSURANCE COMPANY Plaintiff, vs. HIDALGO COUNTY, TEXAS ADRIAN RAMIREZ and CRISELDA HERNANDEZ, Defendants. PLAINTIFF’S ORIGINAL PETITION Plaintiff State Farm Mutual Automobile Insurance Company, a company which was at all times relevant to this suit authorized to transact the business of auto insurance in the State of Texas, complains of Defendants Adrian Ramirez (Defendant No. 1) and Criselda Hemandez (Defendant No. 2) to this Court as follows: I Defendant No. 1, Adrian Ramirez, can be served at residence located at: 736 E Bluebird Street, San Juan, TX 78589. Defendant No. 2, Criselda Hemandez, can be served at residence located at: 736 E Bluebird Street,San Juan, TX 78589. Plaintiff intendsfor discovery to be conducted under Level 1 of the Texas Rules of Civil Procedure. Plaintiff only seeks monetary relief of less than $250,000.00. IL. On or about July 19, 2019, about the area of the 800 block of North Veterans Boulevard and the 1500 block of East Polk Avenue, in the City of Pharr, Texas, a motor vehicle owned by Plaintiffs insured Braulio Vargas, (hereinafter “Insured”) and/or the occupants of Insured's vehicle were damaged by a vehicle negligently operated by Defendant No. 1, whose negligence proximately caused the collision and damages in the amount of $28,912.38. Plaintiff compensated its insured for the loss, thereby becoming subrogated in the amount of $28,912.38. At the time of the collision, Defendant No. 2 was the owner of the motor vehicle driven by Defendant No. 1, and the vehicle was operated with Defendant No. 2's consent and knowledge. Upon information and belief, Defendant No. 2 wrongfully and/or negligently entrusted her motor SuitTX-MVA,Doc-20210121 Electronically Submitted /3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza vehicle to an incompetent, reckless, unlicensed and uninsured driver. Upon information and belief, at the time of the collision, Defendant No. 1 was operating the motor vehicle within the scope of his employment/agency with Defendant No. 2 and in furtherance of the duties thereof. Therefore, Defendant No. 2 is vicariously liable for Defendant No. 1’s negligence. Pursuant to Texas Transportation Code §601.335, it is requested that the Court, as part of its judgment, allow the parties to enter into written installment payment agreements without further order of the Court. PRAYER Plaintiff prays that Defendants be cited to answer and appear and after final trial, Plaintiff have judgment against Defendants for a sum of $28,912.38 with prejudgment and post judgment interest, cost of suit, reasonable attomey’'s fees pursuant to Texas Insurance Code §542.302, and other relief which Plaintiff is entitled. Respectfully submitted, Rathbone Group, LLC /s/ John M. Lamerson /s/ Jessica R. Lobes/ SBN 24083405 John M. Lamerson/ SBN: 24076495 JaredB. Hall / SBN: 24055615 5930 Royal Lane, Ste E #515 Dallas, TX 75230-3896 800-870-5521 216-298-4495 [fax] JLobes@Rathbonegroup.com. JLamerson@Rathbonegroup.com JHall@Rathbonegroup.com RG File No. 3096220.001/RLK DEFENDANTS, YOU MUST DELIVER THIS IMMEDIATELY TO YOUR INSURER OR THE INSURANCE COMPANY INSURING THE VEHICLE YOU WERE DRIVING. IF YOU ARE NOT REPRESENTED BY AN ATTORNEY AND WISH TO DISCUSS PAYMENT OF THE DAMAGES, CALL 1-800-870-5521, EXT: 3777 SuitTX-MVA,Doc-20210121 1154396 Elec i by ted Harris County - County Civil Court at Law No. 2 i lerk RG File No.: 3067773 Accepted by: Reyna Oe g.Reiza CAUSE NUMBER: 1154396 GEICO COUNTY MUTUAL INTHE COUNTY COURT INSURANCE COMPANY Plaintiff AT LAWNO. TWO Q) MARIA G. BARRIENTOSand RICARDO BARRIENTOS, SR. Defendants. HARRIS COUNTY, TEXAS NOTICE OF FILING TEX. R. EVID. 902(10) AFFIDAVIT TO Defendant, Maria G. Barrientos, by and through Rubin Flores, II, Esq., Attomey of Record, at Law Office of Rubin Flomes, II, PLLC, 5959 West Loop South, Suite 455, Bdllaire, TX 77401, E-Mail: rubinflores@yahoo.com. YOU WILL TAKE NOTICE that Plaintiff has filed the Tex. R. Evid. 902(10) [Business Record] Affidavit together with the attached Business Records. Respectfully submitted, RATHBONE GROUP, LLC s/ Jared B. Hall Jessica R. Lobes/ SBN 24083405 John M. Lamerson/ SBN: 24076495 Jared B. Hall / SBN: 24055615 5930 Royal Lane, Ste E #515 Dallas, TX 75230-3896 800-870-5521 216-298-4495 [fax] JLobes@Rathbonegroup.com. JLamerson@Rathbonegroup.com JHall@Rathbonegroup.com ATTORNEYS FOR PLAINTIFF ‘TX Bus Records Ntc.Doc-20190712 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk RG File No.: 3067773 Accepted by: Reyna De La Garza CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing document has been served. upon all parties herein pursuant to Tex. R. Civ. P. 21 & 21a. s/ Jared B. Hall Attomey for Plaintiff ‘TX Bus Records Ntc.Doc-20190712 Electronically Submitted 2/3/2022 8:33 AM RG File No.: 3067773 Hidalgo County Clerk Accepted by: Reyna De La Garza CAUSE NUMBER: 1154396 GEICO County Mutual Insurance Company Plaintiff, v. Maria G. Barrientos, and Ricardo Barrientos, Sr. Defendants TEX. R. EVID. 902(10) [BUSINESS RECORD] AFFIDAVIT STATE OF § 8 COUNTY OF. prlas 8 this day personally appeared K BEFORE ME, the undersigned authority, on ‘ Vi JD. ay A V7" ], who, being by me duly sworn upon his/her oath did depose and say: 1 I am an employee of GEICO County Mutual Insurance Company and am familiar with the manner in which its records are created and maintained by virtue of my duties and responsibilities. Attached are the original records or exact duplicates of the original records. It is the regular practice of GEICO County Mutual Insurance Company to make this type of record at or near the time of each act, event, condition, opinion, or diagnosis set forth in the record. It is the regular practice of GEICO County Mutual Insurance Company for this type of record to be made by, or from information transmitted by, persons with knowledge of the matters set forth in them. TX Bus Records Aff. Doc-20200616 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk RG File No.: 3067773 Accepted by: Reyna De La Garza It is the regular practice of GEICO County Mutual Insurance Company to keep this type of record in the course of regularly conducted business activity. It is the regular practice of the business activity to make the records. The following is a computation of Plaintiff’s damages in the within matter: Property $5,820.88 Medical $9,706.00 Deductible $250.00 Total $15,776.88 8. The amount set forth in paragraph 7 above, and charged to Plaintiff was reasonable at the time and place that the service(s) was/were provided and that the service(s) was/were necessary. Further Affiant Sayeth Naught: JAS WO Affiant XX a ‘ou SV) (Printed Name of Affiant) SWORN TO AND SUBSCRIBED BEFORE ME on this @ day of Pugs a9 26 vv Notary Public in and for the State of YH My commission expires: a i aa ea TRine ui, e} My Notary 1D # 131620296 Expires December 17, (nx VARS TX Bus Records Aff.Doc-20200616 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk RG File No.: 3067773 Accepted by: Reyna De La Garza Notary’s Printed Name Insurer Reference Number: 0185573480101107 TX Bus Records Aff:Doc-20200616 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza Payment Records MTN.TX.01.02092017 Electronically Submitted Claim Number 0185573480101107 2/3/2022 8:33 AM Pay To The OrderOf RHONDAJ ACKSON Hidalgo County Clerk Accepted by: Reyna De La Garza Financials Gross Amount $5,820.88 Net Amount $5,820.88 Backup Withholding $0.00 Payment Identification Issued Date o1yosy2019 Mail To Name BARBARA J EAN SELMON Mail To Address ee Memo UNINSURED MOTORIST COVERAGE TOTAL LOSS RETENTION PMT. Payment Type Manual check Check Number 621669783 Related Documents Document Name Reserve Line Allocation Exposure Reserve Line Cost Type Amount BarbaraJ ean Selon - UM PD (1986 NISSAN) Uninsured Motorist - PD Loss $5,820.88, Electronically Submitted Claim Number 0185573480101107 2/3/2022 8:33 AM Pay To The OrderOf James Edward Selmon Ill and Hidalgo County Clerk BarbaraJ ean Selmon, a married couple Accepted by: Reyna De La Garza Financials Gross Amount $7,386.00 Net Amount $7,386.00 Backup Withholding $0.00 Payment Identification Issued Date oya7j2019 Mail To Name James Edward Selmon il Mail To Address a Memo Uninsured Motorist Coverage Full & Final settlement of any all claims including liens known & unknown Payment Type System Check Check Number 202682797 Related Documents Document Name 15477469855600185573480101107_210 J 633.emi oya72019 Reserve Line Allocation Exposure Reserve Line Cost Type Amount James Edward Selmon ill - UM BI Uninsured Motorist- BI Loss $7,386.00 Electronically Submitted Claim Number 0185573480101107 2/3/2022 8:33 AM Pay To The OrderOf James Edward Selmon Hidalgo County Clerk Accepted by: Reyna De La Garza Financials Gross Amount $2,240.00, Net Amount $2,240.00, Backup Withholding $0.00 Payment Identification Issued Date o1ig2019 Mail To Name James Edward Selmon Mail To Address — EE Memo Personal injury Protection Dates of Work Missed: 1201 2018-12112/2018 Payment Type ePay Payment Check Number 00373490 Related Documents Document Name 12/11/2018-12/12/2018,2800.00 12/11/2018-12/12/2018,2800.00 Reserve Line Allocation Exposure Reserve Line Cost Type Amount James Edward Selmon ill - PIP Basic Pip- Income Loss Loss $2,240.00 Electronically Submitted Claim Number 0185573480101107 2/3/2022 8:33 AM Pay To The OrderOf James Edward Selmon Itt Hidalgo County Clerk Accepted by: Reyna De La Garza Financials Gross Amount $80.00 Net Amount $80.00 Backup Withholding $0.00 Payment Identification Issued Date 0122/2019 Mail To Name James Edward Selmon itl Mail To Address Memo Personal Injury Protection Dos: 01/1472019-01/14/2019 Payment Type System Check Check Number 202783827 Related Documents Document Name 01/14/2019,580.00 Reserve Line Allocation Exposure Reserve Line Cost Type Amount James Edward Selmon ill - PIP Basic Pip- Medical Expenses Loss $80.00 Electronically Submitted 2/3/2022 8:33 AM Hidalgo County Clerk Accepted by: Reyna De La Garza Property Damage MTN.TX.01.02092017 Electronically Submitted 2/3/2022 8:33 AM GEICO Hidalgo County Clerk Houston Accepted by: Reyna De La Garza For supplement requests copy the link below partners.geico.com/gvbps/Logon.aspx 21420 Merchants Way Katy, TX 77449 Phone: (346) 302-4766 Claim #: 0185573480101107-01 Fax: (866) 229-2014 Workfile ID: d49136a Estimate of Record Written By: CORY LACY, 12/22/2018 10:53:24 AM Adjuster: Lacy, Cory Insured: Barbara Selmon Owner Policy #: 4338861000 Claim #: 0185573480101107-01 Type of Loss: Other Date of Loss: 12/10/2018 01:45 PM Days to Repair: 5 Point of Impact: 06 Rear Deductible: 250.00 Owner (Insured): Inspection Location: Appraiser Information: Repair Fac Barbara Selmon residence CLacy@GEICO.com TOTAL LOSS residence (346) 302-4766 Evening a Field (202) 399-7021 Day VEHICLE 1986 NISS 300ZX 2D CPE 6-3.0L Gasoline FI Red VIN: a Production Date: 04/1986 Interior Color: Black License: iz Odometer: 135686 Exterior Color: Red State: ™ Condition: Good TRANSMISSION INSTRUMENT PANEL T-TOPS/PANEL BUCKET SEATS 5 SPEED TRANSMISSION ALARM PAINT RECLINING/LOUNGE SEATS OVERDRIVE AIR CONDITIONING CLEARCOAT PAINT DECOR DRIVER CONVENIENCE REAR DEFOGGER FRONT END BODY SIDE MOLDINGS. POWER DRIVER SEAT RADIO POWER STEERING REAR END POWER WINDOWS AM RADIO POWER BRAKES. REAR WINDOW WIPER: POWER LOCKS FM RADIO GLASS & MIRRORS REAR SPOILER CRUISE CONTROL STEREO DUAL MIRRORS WHEELS INTERMITTENT WIPERS SEARCH/SEEK AFTERMARKET FILM TINT 4-WHEEL DISC BRAKES TILT WHEEL CASSETTE SEATS ALUMINUM/ALLOY WHEELS CONSOLE/STORAGE ROOF CLOTH SEATS 12/22/2018 10:53:24 AM 135808 | 1.7.04.10120 Page 1 Electronically Submitted Claim #: oisss734spige{ age 2 8:33 AM unty Clerk Workfile ID: Accepted by: Re! ‘B@La Garza Estimate of Record 1986 NISS 300ZX 2D CPE 6-3.0L Gasoline FI Red Line Oper Description Qty Extended Labor Paint Price $ ‘Subl Flex Additive 5.00 Restore Corrosion Protection 10.00 T 0.2 Car Cover 5.00 Seam Sealer 12.00 T PULL & SQUARE REAR END 1 2.0 Repl BLAUDPUNKT CASSETTE RADIO. 1 150.00 0.5 NOTE: Radio ejected from console during collision & no longer working REAR BUMPER O/H rear bumper 1.8 Repl Bumper cover 718.25 Incl. 2.5 10 Add for Clear Coat 1.0 11 Repl Reinforcement 43.67 Incl. 12 Repl Bar 405.44 Incl. 13 REAR LAMPS 14 Repl RT Combo lamp assy w/o turbo 349.65 Incl. 15 Repl LT Combo lamp assy w/o turbo 350.02 Incl. 16 Repl Cover w/o turbo 148.60 17 LIFT GATE 18 R&I R&d liftgate assy 0.4 19 Rpr Lift gate w/wiper, spoiler & antenna 1.0 15 NOTE: Dent in ctr Blend Within Panel 20 Add for Clear Coat 0.6 21 REAR BODY & FLOOR 22 Repl Rear body panel 1 699.42 6.8 1.5 23 Overlap Major Adj. Panel -0.4 24 Add for Clear Coat 0.2 25 Deduct for Rear Bumper R&d 0.8 26 Repl Reinforcement 1 254.00 3.5 1.0 27 Overlap Major Adj. Panel -0.4 28 Add for Clear Coat 0.1 29 Repl Finish panel 1 323.56 30 QUARTER PANEL 31 * Rpr RT Quarter panel (GAL) 6.0 2.0 NOTE: After pull Blend Within Panel 32 Overlap Major Adj. Panel -0.4 33 Add for Clear Coat 0.3 34 R&I RT Quarter glass Nissan tinted 15 35 Rpr LT Quarter panel (GAL) 6.0 2.0 NOTE: After pull 12/22/2018 10:53:24 AM 135808 | 1.7.04.10120 Page 2 Electronically Submitted Claim #: oisss734spige{ age 2 8:33 AM unty Clerk Workfile ID: Accepted by: Re! ‘B@La Garza Estimate of Record 1986 NISS 300ZX 2D CPE 6-3.0L Gasoline FI Red Blend Within Panel 36 Overlap Major Adj. Panel -0.4 37 Add for Clear Coat 0.3 38 R&I LT Quarter glass Nissan tinted 15 39 DOOR 40 Bind RT Door shell (GAL) 1.3 41 Rpr LT Door shell (GAL) 0.5 NOTE: Blend frm Qtr panel 42 Overlap Major Adj. Panel 0.4 43 Add for Clear Coat 0.2 44 PILLARS, ROCKER & FLOOR 45 * Rpr LT Rocker molding 3.0 1.0 NOTE: Crack frm collision Partial Paint 46 STEERING WHEEL 47 * R&I Horn pad GLL 0.5 NOTE: Insp for dmg Came off during collision 48 FRONT BUMPER 49 O/H bumper assy 3.5 50 Rpr Bumper cover w/o turbo 4.0 18 NOTE: Ctr to Rt side Partial Paint 51 Add for Clear Coat 0.7 52 OTHER CHARGES 53 # E.P.C. 2.50 SUBTOTALS 3,477.11 41.9 17.5 NOTES Prior Damage Notes: Clean; Some weathering to Plastic ext compnents; R mirror glass slightly loose; Slight scuff L T-top glass; 12/22/2018 10:53:24 AM 135808 | 1.7.04.10120 Page 3 Electronically Submitted Claim #: